Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 14650-14651 [2019-07196]
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
classifiable under other HTSUS subheadings,
including 3917.39.0050, 3921.90.1100,
3921.90.1500, and 5903.90.2500. If the
polypropylene strips and/or polyethylene
strips making up the fabric measure more
than 5 millimeters in width, laminated
woven sacks may be classifiable under other
HTSUS subheadings including
4601.99.0500,4601.99.9000, and
4602.90.0000. Although HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope Comments
V. Scope of the Investigation
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
XI. Recommendation
[FR Doc. 2019–07197 Filed 4–10–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–911]
Circular Welded Carbon Quality Steel
Pipe From the People’s Republic of
China: Rescission of Countervailing
Duty Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding its
administrative review of the
countervailing duty order on circular
welded carbon quality steel pipe (CWP)
from the People’s Republic of China
(China) for the period of review (POR)
January 1, 2017, through December 31,
2017.
DATES: Applicable April 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Darla Brown, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1791.
SUPPLEMENTARY INFORMATION:
amozie on DSK9F9SC42PROD with NOTICES
AGENCY:
Background
On July 3, 2018, Commerce published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the countervailing duty
VerDate Sep<11>2014
16:50 Apr 10, 2019
Jkt 247001
(CVD) order 1 on circular welded carbon
quality steel pipe from China for the
POR.2
On July 31, 2018, Commerce received
timely requests from the petitioners 3
and from Zekelman Industries
(Zekelman), a domestic interested party,
to conduct an administrative review of
the CVD Order.4
On September 10, 2018, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the CVD Order.5 The
administrative review was initiated with
respect to 128 companies, covering the
POR January 1, 2017, through December
31, 2017.
On September 25, 2018, Commerce
placed on the record information
obtained from U.S. Customs and Border
Protection (CBP) indicating that there
were no reviewable entries of subject
merchandise exported by the companies
subject to this administrative review
during the POR.6 On October 17, 2018,
Zekelman withdrew its request for
review in its entirety.7
On November 15, 2018, the
petitioners submitted comments
regarding alleged discrepancies in the
import data on the record.8 Specifically,
the petitioners claim that, although the
results of the CBP data query do not
provide evidence of reviewable entries
of subject merchandise during the POR,
data from a third-party subscription
service that the petitioners placed on
the record purportedly show that there
1 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (CVD Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 31121
(July 3, 2018).
3 The petitioners in this proceeding are
Independence Tube Corporation and Southland
Tube, Incorporated.
4 See Letter from Petitioners, ‘‘Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Request for Administrative
Review,’’ dated July 31, 2018. See also Letter from
Zekelman, ‘‘Circular Welded Carbon Quality Steel
Pipe from the People’s Republic of China: Request
for Administrative Review,’’ dated July 31, 2018.
5 See Initiation of Countervailing and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018).
6 See Memorandum to the File, ‘‘Release of
Customs Entry Data from U.S. Customs and Border
Protection (CBP),’’ dated September 25, 2018.
7 See Letter from Zekelman, ‘‘Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated October 17, 2018.
8 See Letter from Petitioners, ‘‘Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Comments on Import Data,’’
dated November 15, 2018 (Petitioners’ November 15
Letter).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
were substantial imports of CWP from
China during the POR. The petitioners
argue that this record information
suggests that companies under review
could be evading the order by
misreporting entry types, and the
petitioners urge Commerce to obtain
CBP entry documents with respect to
the entries of CWP for a subset of 27
companies under review, to determine
whether these companies misclassified
subject merchandise entries as nonsubject merchandise entries.9 In their
submission, the petitioners identified 27
of the 128 companies for which
Commerce initiated this review which
they believe produced and/or exported
CWP during the POR.
On February 27, 2019, Commerce
placed on the record POR entry data
from Datamyne, a public data source, for
the 27 companies identified by the
petitioners in their November 15, 2018,
submission.10 We invited parties to
comment on these data and received
timely comments from the petitioners.11
In their comments, the petitioners
reiterate their concerns that Chinese
producers and/or exporters of CWP may
be attempting to evade the order by
misrepresenting entries.12
Rescission of Review
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.13 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period. See 19 CFR
351.212(b)(2). Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the calculated
countervailing duty assessment rate
calculated for the review period.14
Accordingly, in the absence of
reviewable, suspended entries of subject
merchandise during the POR for any of
the 128 companies named in our
initiation notice, we are now rescinding
9 Id.
at 8–10.
Memorandum to the file, ‘‘Release of
Datamyne Data,’’ dated February 27, 2019.
11 See Letter from Petitioners, ‘‘Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Comments on Release of
Datamyne Data,’’ dated March 6, 2019.
12 Id. at 6–7.
13 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017).
14 See 19 CFR 351.213(d)(3).
10 See
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
this administrative review in
accordance with 19 CFR 351.213(d)(3).
Furthermore, in response to the
petitioners’ claim that companies under
review could be evading the CVD Order
by misreporting entry types, this is a
matter within the jurisdiction of CBP,
and, hence, any determination as to
whether entries have been misclassified
must be made by that agency. In light
of that, Commerce intends to provide
CBP with the petitioners’ allegations
and relevant documentation from this
record.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: April 5, 2019.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2019–07196 Filed 4–10–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–823]
Laminated Woven Sacks From the
Socialist Republic of Vietnam: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
laminated woven sacks (LWS) from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
July 1, 2017, through December 31,
2017.
amozie on DSK9F9SC42PROD with NOTICES
AGENCY:
DATES:
Applicable April 11, 2019.
VerDate Sep<11>2014
16:50 Apr 10, 2019
Jkt 247001
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Celeste Chen, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–0890,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2018, Commerce
published in the Federal Register the
Preliminary Determination and invited
interested parties to comment.1 On
October 23, 2018, Commerce postponed
the final determination of this
investigation until February 25, 2019.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
the final determination is now April 4,
2019. A summary of the events that
occurred since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum that is dated concurrently
with this determination and hereby
adopted by this notice.4
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
1 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Preliminary Determination of
Sales at Less Than Fair Value, 83 FR 51436
(October 11, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Laminated Woven Sacks from the Socialist
Republic of Vietnam: Postponement of Final
Determination of Sales at Less Than Fair Value
Investigation, 83 FR 53452 (October 23, 2018).
3 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Laminated Woven Sacks from
the Socialist Republic of Vietnam,’’ (Issues and
Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
14651
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation is July 1,
2017, through December 31, 2017.
Scope of the Investigation
The products covered by this
investigation are laminated woven sacks
from Vietnam. For a full description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ at
Appendix I.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation of LWS from
Vietnam, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.5 In response to Commerce’s
invitation to comment on its
preliminary scope determination,
Commerce received scope comments
from Halsted Corporation (Halsted),6
and rebuttal comments from the
petitioners.7 However, Commerce
rejected Halsted’s scope comments
because they contained untimely filed
new factual information.8 Because
Halsted’s scope comments have been
removed from the record of these
investigations and Halsted did not file a
redacted version of its scope comments
within the deadline allotted by
Commerce, Halsted’s comments have
not been considered in these
investigations.9 Furthermore, because
5 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Laminated
Woven Sacks from the Socialist Republic of
Vietnam: Preliminary Scope Determination,’’ dated
October 3, 2018 (Preliminary Scope Decision
Memorandum).
6 See Letter, ‘‘Antidumping and Countervailing
Duty Investigations of Laminated Woven Sacks
from the Socialist Republic of Vietnam: Rejection of
Untimely Filed Factual Information,’’ dated
December 12, 2018 (rejecting Halsted Corporation’s
November 13, 2018 scope brief).
7 See Petitioners’ Letter, ‘‘Investigation of
Laminated Woven Sacks from the Socialist
Republic of Vietnam: Petitioners’ Rebuttal Scope
Brief,’’ dated November 19, 2018.
8 See Letter, ‘‘Antidumping and Countervailing
Duty Investigations of Laminated Woven Sacks
from the Socialist Republic of Vietnam: Rejection of
Untimely Filed Factual Information,’’ dated
December 12, 2018. See also Letter, ‘‘Antidumping
and Countervailing Duty Investigations of
Laminated Woven Sacks from the Socialist
Republic of Vietnam: Request for Withdrawal of
Scope Comments,’’ dated February 8, 2019.
9 Id.
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]]>Agencies
[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14650-14651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07196]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-911]
Circular Welded Carbon Quality Steel Pipe From the People's
Republic of China: Rescission of Countervailing Duty Administrative
Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding its
administrative review of the countervailing duty order on circular
welded carbon quality steel pipe (CWP) from the People's Republic of
China (China) for the period of review (POR) January 1, 2017, through
December 31, 2017.
DATES: Applicable April 11, 2019.
FOR FURTHER INFORMATION CONTACT: Darla Brown, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1791.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2018, Commerce published in the Federal Register a
notice of ``Opportunity to Request Administrative Review'' of the
countervailing duty (CVD) order \1\ on circular welded carbon quality
steel pipe from China for the POR.\2\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China: Notice of Amended Final Affirmative
Countervailing Duty Determination and Notice of Countervailing Duty
Order, 73 FR 42545 (July 22, 2008) (CVD Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 31121 (July 3, 2018).
---------------------------------------------------------------------------
On July 31, 2018, Commerce received timely requests from the
petitioners \3\ and from Zekelman Industries (Zekelman), a domestic
interested party, to conduct an administrative review of the CVD
Order.\4\
---------------------------------------------------------------------------
\3\ The petitioners in this proceeding are Independence Tube
Corporation and Southland Tube, Incorporated.
\4\ See Letter from Petitioners, ``Circular Welded Carbon
Quality Steel Pipe from the People's Republic of China: Request for
Administrative Review,'' dated July 31, 2018. See also Letter from
Zekelman, ``Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China: Request for Administrative Review,''
dated July 31, 2018.
---------------------------------------------------------------------------
On September 10, 2018, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), Commerce published in the
Federal Register a notice of initiation of an administrative review of
the CVD Order.\5\ The administrative review was initiated with respect
to 128 companies, covering the POR January 1, 2017, through December
31, 2017.
---------------------------------------------------------------------------
\5\ See Initiation of Countervailing and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018).
---------------------------------------------------------------------------
On September 25, 2018, Commerce placed on the record information
obtained from U.S. Customs and Border Protection (CBP) indicating that
there were no reviewable entries of subject merchandise exported by the
companies subject to this administrative review during the POR.\6\ On
October 17, 2018, Zekelman withdrew its request for review in its
entirety.\7\
---------------------------------------------------------------------------
\6\ See Memorandum to the File, ``Release of Customs Entry Data
from U.S. Customs and Border Protection (CBP),'' dated September 25,
2018.
\7\ See Letter from Zekelman, ``Circular Welded Carbon Quality
Steel Pipe from the People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated October 17, 2018.
---------------------------------------------------------------------------
On November 15, 2018, the petitioners submitted comments regarding
alleged discrepancies in the import data on the record.\8\
Specifically, the petitioners claim that, although the results of the
CBP data query do not provide evidence of reviewable entries of subject
merchandise during the POR, data from a third-party subscription
service that the petitioners placed on the record purportedly show that
there were substantial imports of CWP from China during the POR. The
petitioners argue that this record information suggests that companies
under review could be evading the order by misreporting entry types,
and the petitioners urge Commerce to obtain CBP entry documents with
respect to the entries of CWP for a subset of 27 companies under
review, to determine whether these companies misclassified subject
merchandise entries as non-subject merchandise entries.\9\ In their
submission, the petitioners identified 27 of the 128 companies for
which Commerce initiated this review which they believe produced and/or
exported CWP during the POR.
---------------------------------------------------------------------------
\8\ See Letter from Petitioners, ``Circular Welded Carbon
Quality Steel Pipe from the People's Republic of China: Comments on
Import Data,'' dated November 15, 2018 (Petitioners' November 15
Letter).
\9\ Id. at 8-10.
---------------------------------------------------------------------------
On February 27, 2019, Commerce placed on the record POR entry data
from Datamyne, a public data source, for the 27 companies identified by
the petitioners in their November 15, 2018, submission.\10\ We invited
parties to comment on these data and received timely comments from the
petitioners.\11\ In their comments, the petitioners reiterate their
concerns that Chinese producers and/or exporters of CWP may be
attempting to evade the order by misrepresenting entries.\12\
---------------------------------------------------------------------------
\10\ See Memorandum to the file, ``Release of Datamyne Data,''
dated February 27, 2019.
\11\ See Letter from Petitioners, ``Circular Welded Carbon
Quality Steel Pipe from the People's Republic of China: Comments on
Release of Datamyne Data,'' dated March 6, 2019.
\12\ Id. at 6-7.
---------------------------------------------------------------------------
Rescission of Review
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\13\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review period.
See 19 CFR 351.212(b)(2). Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\14\ Accordingly, in
the absence of reviewable, suspended entries of subject merchandise
during the POR for any of the 128 companies named in our initiation
notice, we are now rescinding
[[Page 14651]]
this administrative review in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\13\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017).
\14\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
Furthermore, in response to the petitioners' claim that companies
under review could be evading the CVD Order by misreporting entry
types, this is a matter within the jurisdiction of CBP, and, hence, any
determination as to whether entries have been misclassified must be
made by that agency. In light of that, Commerce intends to provide CBP
with the petitioners' allegations and relevant documentation from this
record.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This notice is published in accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: April 5, 2019.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2019-07196 Filed 4-10-19; 8:45 am]
BILLING CODE 3510-DS-P
