Notice of Commencement of a Compliance Proceeding Pursuant to Section 129 of the Uruguay Round Agreements Act, 59359-59360 [2018-25384]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59359-59360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Notice of Commencement of a Compliance Proceeding Pursuant to 
Section 129 of the Uruguay Round Agreements Act

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable November 23, 2018.

SUMMARY: The Department of Commerce (Commerce) is commencing a 
proceeding to gather information, analyze record evidence, and consider 
the determinations which would be necessary to bring its measures into 
conformity with the recommendations and rulings of the Dispute 
Settlement Body (DSB) of the World Trade Organization (WTO) in United 
States--Antidumping Measures on Certain Oil Country Tubular Goods from 
Korea (WTO/DS488). This dispute concerns the final determination issued 
in the antidumping duty (AD) investigation of certain oil country 
tubular goods (OCTG) from the Republic of Korea (Korea).

FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0167.

SUPPLEMENTARY INFORMATION: 

Background

    On February 9, 2018, the United States informed the DSB that the 
United States intends to implement the DSB's recommendations and 
rulings in WTO/DS488, pursuant to section 129 of the Uruguay Round 
Agreements Act (URAA), 19 U.S.C. 3538. The AD investigation at issue 
is:

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                                                            FR cite/
      Case No.                   Full title             publication date
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A-580-870...........  Certain Oil Country Tubular       79 FR 41983
                       Goods from the Republic of        (July 18,
                       Korea: Final Determination of     2014).
                       Sales at Less Than Fair Value
                       and Negative Final
                       Determination of Critical
                       Circumstances.
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Commencement of Section 129 Proceeding

    In accordance with section 129(b)(1) of the URAA, Commerce 
consulted with the Office of the United States Trade Representative, 
and on November 7, 2018, pursuant to those consultations, opened a 
segment in the AD investigation at issue to commence administrative 
action to comply with the DSB's recommendations and rulings. The 
segment will consist of a separate administrative record with its own 
administrative protective order. In accordance with 19 CFR 351.305(b), 
interested parties may request access to business proprietary 
information in this segment of the proceeding in which they are 
participating. For this Section 129 segment, we may request additional 
information and we may conduct verification of such information. 
Consistent with section 129(d) of the URAA, Commerce intends to make a 
preliminary determination in this Section 129 segment, intends to 
provide interested parties with an opportunity to provide written 
comments on the preliminary determination, and may hold a hearing.

[[Page 59360]]

Filing Requirements & Letter of Appearance

    In accordance with Commerce's regulations, all submissions to 
Commerce must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). An electronically filed document must be 
received successfully in its entirety by the time and date it is due. 
Documents exempted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, and stamped with the date 
and time of receipt by the applicable deadlines.\1\
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    \1\ See, generally, 19 CFR 351.303 (for general filing 
requirements).
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    Pursuant to 19 CFR 351.103(d)(l), to be included on the public 
service list for the Section 129 determination for the aforementioned 
proceeding, all interested parties, including parties that were part of 
the public service list in the underlying investigation and any parties 
otherwise notified of Commerce's commencement of this Section 129 
proceeding, must file a letter of appearance. The letter of appearance 
must be filed separately from any other document (with the exception of 
an application for administrative protective order (APO) access; 
parties applying for and granted APO access would automatically be on 
the public service list). Parties wishing to enter an appearance or 
submit information with regard to this proceeding must upload their 
filing(s) to each relevant case number. Additionally, for each 
submission made in ACCESS, parties must select ``S 129-SEC 129'' as the 
segment and enter ``DS488'' in the segment specific information field.

Submission of Factual Information

    Unless notified otherwise, the administrative record is closed for 
submitting new factual information. At this time, Commerce does not 
intend to seek new factual information in addition to information 
already on the record of the investigation. If Commerce determines that 
additional factual information is necessary, it will notify the 
parties.
    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). The regulation requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this segment.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under Part 351, or as otherwise 
specified by the Secretary. In general, an extension request will be 
considered untimely if it is filed after the expiration of the time 
limit established under Part 351 expires. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. Eastern Time on the 
due date. Under certain circumstances, we may elect to specify a 
different time limit by which extension requests will be considered 
untimely for submissions which are due from multiple parties 
simultaneously. In such a case, we will inform parties in the letter or 
memorandum setting forth the deadline (including a specified time) by 
which extension requests must be filed to be considered timely. An 
extension request must be made in a separate, stand-alone submission; 
under limited circumstances we will grant untimely-filed requests for 
the extension of time limits. Review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to 
submitting factual information in this segment.

Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty (CVD) proceeding must certify to the accuracy and completeness of 
that information.\2\ Parties are hereby reminded that revised 
certification requirements are in effect for company/government 
officials, as well as their representatives. Investigations initiated 
on the basis of petitions filed on or after August 16, 2013, and other 
segments of any AD or CVD proceedings initiated on or after August 16, 
2013, should use the formats for the revised certifications provided at 
the end of the Final Rule.\3\ Commerce intends to reject factual 
submissions if the submitting party does not comply with the applicable 
revised certification requirements.
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    \2\ See section 782(b) of the Act.
    \3\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this proceeding should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is published in accordance with section 129(b)(1) of 
the URAA.

    Dated: November 15, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-25384 Filed 11-21-18; 8:45 am]
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