Certain Hot-Rolled Steel Flat Products From Australia: Final Results of Antidumping Duty Administrative Review; 2016-2017, 18241-18242 [2019-08707]
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
amozie on DSK9F9SC42PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the emergency
provisions of the Paperwork Reduction
Act (44 U.S.C. Chapter 35).
Agency: International Trade
Administration (ITA).
Title: Interim Procedures for
Considering Requests from the Public
under the Textile and Apparel
Safeguard Provision of the United
States- Korea Free Trade Agreement.
OMB Control Number: 0625–0269.
Form Number(s): Non-applicable.
Type of Request: Regular submission.
Number of Respondents: 14.
Average Hours per Response: 4 hours
for a Textile and Apparel Safeguard
Request; and 4 hours for a Comment.
Burden Hours: 56.
Needs and Uses: Title III, Subtitle C,
Section 331 through Section 338 of the
United States-Korea Free Trade
Agreement Implementation Act (the
‘‘Act’’) implements the textile and
apparel safeguard provisions, provided
for in Article 4.1 of the United StatesKorea Free Trade Agreement (the
‘‘Agreement’’), which entered into force
on March 15, 2012. This safeguard
mechanism applies when, as a result of
the reduction or elimination of a
customs duty under the Agreement, a
Korean textile or apparel article is being
imported into the United States in such
increased quantities, in absolute terms
or relative to the domestic market for
that article, and under such conditions
as to cause serious damage or actual
threat thereof to a U.S. industry
producing a like or directly competitive
article. In these circumstances, Article
4.1.1(b) permits the United States to (a)
suspend any further reduction in the
rate of duty provided for under Annex
2–B of the Agreement in the duty
imposed on the article; or (b) increase
duties on the imported article from
Korea to a level that does not exceed the
lesser of the prevailing U.S. normal
trade relations (‘‘NTR’’)/most-favorednation (‘‘MFN’’) duty rate for the article
or the U.S. NTR/MFN duty rate in effect
on the day before the Agreement enters
into force.
The Statement of Administrative
Action accompanying the Act provides
that the Committee for the
Implementation of Textile Agreements
(CITA) will issue procedures for
VerDate Sep<11>2014
18:08 Apr 29, 2019
Jkt 247001
requesting such safeguard measures, for
making its determinations under
Section 332(a) of the Act, and for
providing relief under Section 332(b) of
the Act. CITA was unable to publish
these procedures earlier and is
requesting an emergency review of the
information collection and procedures
from the Office of Management and
Budget.
CITA must collect information in
order to determine whether a domestic
textile or apparel industry is being
adversely impacted by imports of these
products from Korean, thereby allowing
CITA to take corrective action to protect
the viability of the domestic textile or
apparel industry, subject to section
332(b) of the Act.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–08654 Filed 4–29–19; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Certain Hot-Rolled Steel Flat Products
From Australia: Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that BlueScope
Steel Ltd., BlueScope Steel (AIS) Pty
Ltd., and BlueScope Steel Distribution
Pty Ltd. (collectively, BlueScope) made
sales of certain hot-rolled steel flat
products from Australia at less than
normal value during the period of
review (POR), March 22, 2016, through
September 30, 2017.
DATES: Applicable April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Amanda Brings, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3927.
AGENCY:
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Fmt 4703
Sfmt 4703
18241
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of this antidumping duty
administrative review on certain hotrolled steel flat products from Australia
on November 14, 2018.1 For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.2 We invited interested
parties to comment on the Preliminary
Results. On December 14, 2018,
Commerce received a timely filed case
brief from BlueScope.3 On December 19,
2018, Commerce received a timely filed
rebuttal brief from United States Steel
Corporation, ArcelorMittal USA, Nucor
Corporation, AK Steel Corporation,
Steel Dynamics, and SSAB Enterprises
(collectively, the petitioners). On March
5, 2019, Commerce held a public
hearing. Commerce conducted this
review in accordance with section 751
of the Tariff Act of 1930, as amended
(the Act).
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,
2019.4 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final results
decision is now April 23, 2019.
Scope of the Order
The product covered by this review is
certain hot-rolled steel flat products
from Australia. For a full description of
the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
1 See Certain Hot-Rolled Steel Flat Products from
Australia: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 56817
(November 14, 2018) (Preliminary Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review: Certain Hot-Rolled Steel
Flat Products from Australia; 2016–2017,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 In the investigation, Commerce found that
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty
Ltd., and BlueScope Steel Distribution Pty Ltd.
(collectively, BlueScope) are a single entity and,
because there were no changes to the facts which
supported that decision since that determination
was made, we continue to find that these
companies are a single entity for this administrative
review. See Certain Hot-Rolled Steel Flat Products
from Australia: Final Determination of Sales at Less
Than Fair Value, 81 FR 53406, 53407 (August 12,
2016).
4 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019.
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18242
Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. 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 in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, Commerce has made no
changes to the Preliminary Results. As
stated in the Preliminary Results, we
found that the application of total facts
otherwise available with adverse
inferences, for BlueScope’s dumping
margin, pursuant to sections 776(a) and
(b) of the Act, was warranted.
Final Results of the Review
We determine that, for the period of
March 22, 2016, through September 30,
2017, the following dumping margin
exists:
Dumping
margin
(percent)
Exporter/producer
BlueScope Steel Ltd., BlueScope Steel
(AIS) Pty Ltd., and BlueScope Steel
Distribution Pty Ltd ............................
99.20
Disclosure
The final dumping margin assigned to
BlueScope for the final results in this
review is based on total facts available
with adverse inferences. Accordingly,
no disclosure of calculations is
necessary for these final results.
amozie on DSK9F9SC42PROD with NOTICES
Assessment Rate
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce shall instruct CBP to
apply an ad valorem assessment rate of
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18:08 Apr 29, 2019
Jkt 247001
99.20 percent to all entries of subject
merchandise during the POR which
were produced and/or exported by
BlueScope.
We intend to issue assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for BlueScope will
be the rate established in the final
results of this administrative review; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 29.58
percent, the all-others rate established
in the original investigation.5 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
5 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the 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.
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h) and 351.221(b)(5) of
Commerce’s regulations.
Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Issues
Comment 1: Whether Commerce’s
Application of AFA to BlueScope was
Warranted
Comment 2: Whether Using the Petition
Rate as the AFA Rate was Appropriate
VI. Recommendation
[FR Doc. 2019–08707 Filed 4–29–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG963
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
ad hoc Sablefish Management and
Trawl Allocation Attainment Committee
(SaMTAAC) will hold a meeting.
DATES: The meeting will be held
Tuesday, May 21 and Wednesday, May
SUMMARY:
E:\FR\FM\30APN1.SGM
30APN1
]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18241-18242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08707]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Final
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope
Steel Distribution Pty Ltd. (collectively, BlueScope) made sales of
certain hot-rolled steel flat products from Australia at less than
normal value during the period of review (POR), March 22, 2016, through
September 30, 2017.
DATES: Applicable April 30, 2019.
FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3927.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this antidumping duty
administrative review on certain hot-rolled steel flat products from
Australia on November 14, 2018.\1\ For events subsequent to the
Preliminary Results, see Commerce's Issues and Decision Memorandum.\2\
We invited interested parties to comment on the Preliminary Results. On
December 14, 2018, Commerce received a timely filed case brief from
BlueScope.\3\ On December 19, 2018, Commerce received a timely filed
rebuttal brief from United States Steel Corporation, ArcelorMittal USA,
Nucor Corporation, AK Steel Corporation, Steel Dynamics, and SSAB
Enterprises (collectively, the petitioners). On March 5, 2019, Commerce
held a public hearing. Commerce conducted this review in accordance
with section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56817 (November 14, 2018) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Certain Hot-Rolled Steel
Flat Products from Australia; 2016-2017,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ In the investigation, Commerce found that BlueScope Steel
Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel
Distribution Pty Ltd. (collectively, BlueScope) are a single entity
and, because there were no changes to the facts which supported that
decision since that determination was made, we continue to find that
these companies are a single entity for this administrative review.
See Certain Hot-Rolled Steel Flat Products from Australia: Final
Determination of Sales at Less Than Fair Value, 81 FR 53406, 53407
(August 12, 2016).
---------------------------------------------------------------------------
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.\4\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results decision is now April 23, 2019.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this review is certain hot-rolled steel flat
products from Australia. For a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this
[[Page 18242]]
administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. 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 in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
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 versions
of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, Commerce has made
no changes to the Preliminary Results. As stated in the Preliminary
Results, we found that the application of total facts otherwise
available with adverse inferences, for BlueScope's dumping margin,
pursuant to sections 776(a) and (b) of the Act, was warranted.
Final Results of the Review
We determine that, for the period of March 22, 2016, through
September 30, 2017, the following dumping margin exists:
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and 99.20
BlueScope Steel Distribution Pty Ltd.......................
------------------------------------------------------------------------
Disclosure
The final dumping margin assigned to BlueScope for the final
results in this review is based on total facts available with adverse
inferences. Accordingly, no disclosure of calculations is necessary for
these final results.
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce shall instruct CBP to apply an ad valorem assessment rate of
99.20 percent to all entries of subject merchandise during the POR
which were produced and/or exported by BlueScope.
We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for BlueScope will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 29.58 percent, the all-others rate
established in the original investigation.\5\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\5\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the 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.
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.213(h) and 351.221(b)(5) of Commerce's regulations.
Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Issues
Comment 1: Whether Commerce's Application of AFA to BlueScope
was Warranted
Comment 2: Whether Using the Petition Rate as the AFA Rate was
Appropriate
VI. Recommendation
[FR Doc. 2019-08707 Filed 4-29-19; 8:45 am]
BILLING CODE 3510-DS-P
