Certain Hot-Rolled Carbon Steel Flat Products From India, Indonesia, the People's Republic of China, Taiwan, Thailand, and Ukraine: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders, 26817-26818 [2019-12147]

Download as PDF Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2923. SUPPLEMENTARY INFORMATION: Background On February 18, 2015, Commerce published in the Federal Register an antidumping duty order on certain crystalline silicon photovoltaic products (solar products) from Taiwan.1 On February 1, 2019, Commerce received a request on behalf of URE for an expedited changed circumstances review (CCR) to determine whether URE is the successor-in-interest to Gintech, Neo Solar, and Solartech.2 On March 26, 2019, we initiated a CCR and published notice in the Federal Register.3 On April 10, 2019, SunPower Manufacturing Oregon LLC, a domestic producer of subject merchandise and successor to SolarWorld Americas (the petitioner), filed a letter in support of an affirmative successor-in-interest determination.4 We received no additional comments on URE’s CCR request. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the order is dispositive. For a full description of the scope of the order, khammond on DSKBBV9HB2PROD with NOTICES 1 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015). 2 See URE’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from Taiwan: Request for Changed Circumstances Review and Successor-inInterest Determination,’’ dated February 1, 2019 (CCR Request). 3 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Initiation of Antidumping Duty Changed Circumstances Review, 84 FR 11284 (March 26, 2019). 4 See the petitioner’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from Taiwan: Support for Successor-in-Interest Determination Requested by United Renewable Energy Co. Ltd.,’’ dated April 10, 2019. VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 please refer to the accompanying Preliminary Decision Memorandum.5 Methodology We are conducting this CCR in accordance with section 751(b)(1) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our analysis, please refer to the accompanying Preliminary Decision Memorandum. For a list of topics addressed in the Preliminary Decision Memorandum, please see the Appendix to this notice. Preliminary Results of Changed Circumstances Review In accordance with 19 CFR 351.216, we preliminarily determine that URE is the successor-in-interest to Gintech, Neo Solar, and Solartech. Record evidence indicates that URE’s management, board of directors and ownership are materially similar to those of Gintech, Neo Solar, and Solartech prior to their merger. Moreover, we preliminarily find that URE assumed the production facilities of Gintech, Neo Solar, and Solartech, and substantially assumed the supplier relationships and customer base of the predecessor companies. For the complete successor-in-interest analysis, please refer to the accompanying Preliminary Decision Memorandum. Furthermore, we preliminarily determine that, as the successor-ininterest to Gintech, Neo Solar, and Solartech, URE should receive the same antidumping duty treatment with respect to the subject merchandise as Gintech, Neo Solar, and Solartech. If we continue to reach the same determination for the final results of this CCR, we will assign URE the cash deposit rate assigned to Gintech, Neo Solar, and Solartech, effective on the publication date of the final results in the Federal Register. At that time, we will instruct U.S. Customs and Border Protection (CBP) to collect the cash deposits accordingly. Public Comment Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 10 days of publication of this notice in the Federal Register. In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 10 days after the date of publication of this notice. Rebuttal briefs, limited to issues 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review: Certain Crystalline Silicon Photovoltaic Products from Taiwan,’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 26817 raised in the case briefs, may be filed no later than five days after the case briefs, in accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All comments are to be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), available to registered users at http:// access.trade.gov and in the Central Records Unit, Room B8024, of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.6 Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary finding. This notice is published in accordance with sections 751(b)(1) of the Act and 19 CFR 351.216(b), 351.221(b), and 351.221(c)(3). Dated: June 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of Changed Circumstances Review V. Recommendation [FR Doc. 2019–12132 Filed 6–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–820; A–560–812; A–570–865; A– 583–835; A–549–817; A–823–811] Certain Hot-Rolled Carbon Steel Flat Products From India, Indonesia, the People’s Republic of China, Taiwan, Thailand, and Ukraine: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 10, 2019. AGENCY: 6 See E:\FR\FM\10JNN1.SGM 19 CFR 351.303(b). 10JNN1 26818 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on certain hotrolled carbon steel flat products from India, Indonesia, the People’s Republic of China (China), Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail are indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–1979. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKBBV9HB2PROD with NOTICES Background In 2001, Commerce published in the Federal Register the AD Orders with respect to certain hot-rolled carbon steel flat products from India, Indonesia, China, Taiwan, Thailand, and Ukraine.1 On December 5, 2006 and February 7, 2014, Commerce published notices of continuation of these AD Orders.2 On February 5, 2019, Commerce published the notice of initiation of the third sunset reviews of the AD Orders on certain hot-rolled carbon steel flat products from India, Indonesia, China, Taiwan, Thailand, and Ukraine.3 On March 7, 2019, Commerce received complete substantive responses to the notices of initiation from Nucor 1 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from India, 66 FR 60194 (December 3, 2001) (India Amended Final Determination and Order); see also Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products From Indonesia, 66 FR 60192 (December 3, 2001); Notice of Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China, 66 FR 59561 (November 29, 2001); Notice of Antidumping Duty Order; Certain Hot-Rolled Carbon Steel Flat Products from Taiwan, 66 FR 59563 (November 29, 2001); Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from Thailand, 66 FR 59562 (November 29, 2001); and Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from Ukraine, 66 FR 59559 (November 29, 2001) (collectively, AD Orders). 2 See Certain Hot-Rolled Carbon Steel Flat Products from Argentina, the People’s Republic of China, India, Indonesia, Kazakhstan, Romania, South Africa, Taiwan, Thailand, and Ukraine; Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders, 71 FR 70506 (December 5, 2006) (First Sunset Review); see also Certain HotRolled Carbon Steel Flat Products from India, Indonesia, the People’s Republic of China, Taiwan, Thailand, and Ukraine: Continuation of Antidumping and Countervailing Duty Orders, 79 FR 7425 (February 7, 2014) (Second Sunset Review). 3 See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705 (February 5, 2019) (Initiation). VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 Corporation; AK Steel Corporation; ArcelorMittal USA LLC; United States Steel Corporation; California Steel Industries; SSAB Enterprises LLC; and Steel Dynamics, Inc. (collectively, the domestic interested parties) within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers, producers, or wholesalers of a domestic like product in the United States. Commerce received comments from the Government of Ukraine,4 but received no substantive responses from any other interested parties. As a result, Commerce conducted an expedited, i.e., 120-day, sunset review of these AD Orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Orders The merchandise subject to the AD Orders is certain hot-rolled carbon steel flat products. For a complete description of the products covered, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in these reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation, and the magnitude of dumping margins likely to prevail if the orders were revoked, are addressed in the accompanying Issues and Decision Memorandum dated concurrently with, and hereby adopted by, this notice. A list of the topics discussed in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document, which 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 http://access.trade.gov and is available to all parties in the Central Records Unit in Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// trade.gov/enforcement/. The signed and electronic versions of the Decision Memorandum are identical in content. 4 See Issues and Decision Memorandum: Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders on Certain Hot-Rolled Carbon Steel Flat Products from India, Indonesia, the People’s Republic of China, Taiwan, Thailand, and Ukraine (Issues and Decisions Memorandum), dated June 5, 2019 at 20. Commerce did not find the Government of Ukraine’s comments to be an adequate substantive response. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Final Results of Sunset Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty orders on certain hot-rolled carbon steel flat products from India, Indonesia, China, Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of dumping. We determine that the weighted-average dumping margins likely to prevail are up to the following percentages: Country Weightedaverage margin (percent) India ............................................ Indonesia .................................... China .......................................... Taiwan ........................................ Thailand ...................................... Ukraine ....................................... 44.40 47.86 90.83 29.14 20.30 90.33 Notification to Interested Parties This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: June 5, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scopes of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues 1. The Adequacy of the Government of Ukraine’s Response 2. Likelihood of Continuation or Recurrence of Dumping 3. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Review VIII. Recommendation [FR Doc. 2019–12147 Filed 6–7–19; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26817-26818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820; A-560-812; A-570-865; A-583-835; A-549-817; A-823-811]


Certain Hot-Rolled Carbon Steel Flat Products From India, 
Indonesia, the People's Republic of China, Taiwan, Thailand, and 
Ukraine: Final Results of Expedited Third Sunset Reviews of the 
Antidumping Duty Orders

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

DATES: Applicable June 10, 2019.

[[Page 26818]]

SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty 
orders on certain hot-rolled carbon steel flat products from India, 
Indonesia, the People's Republic of China (China), Taiwan, Thailand, 
and Ukraine would be likely to lead to continuation or recurrence of 
dumping. The magnitude of the dumping margins likely to prevail are 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, 
Office VI, Enforcement and Compliance, U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-
1979.

SUPPLEMENTARY INFORMATION: 

Background

    In 2001, Commerce published in the Federal Register the AD Orders 
with respect to certain hot-rolled carbon steel flat products from 
India, Indonesia, China, Taiwan, Thailand, and Ukraine.\1\ On December 
5, 2006 and February 7, 2014, Commerce published notices of 
continuation of these AD Orders.\2\ On February 5, 2019, Commerce 
published the notice of initiation of the third sunset reviews of the 
AD Orders on certain hot-rolled carbon steel flat products from India, 
Indonesia, China, Taiwan, Thailand, and Ukraine.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: Certain 
Hot-Rolled Carbon Steel Flat Products from India, 66 FR 60194 
(December 3, 2001) (India Amended Final Determination and Order); 
see also Antidumping Duty Order: Certain Hot-Rolled Carbon Steel 
Flat Products From Indonesia, 66 FR 60192 (December 3, 2001); Notice 
of Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products from the People's Republic of China, 66 FR 59561 (November 
29, 2001); Notice of Antidumping Duty Order; Certain Hot-Rolled 
Carbon Steel Flat Products from Taiwan, 66 FR 59563 (November 29, 
2001); Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products from Thailand, 66 FR 59562 (November 29, 2001); and 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products from Ukraine, 66 FR 59559 (November 29, 2001) 
(collectively, AD Orders).
    \2\ See Certain Hot-Rolled Carbon Steel Flat Products from 
Argentina, the People's Republic of China, India, Indonesia, 
Kazakhstan, Romania, South Africa, Taiwan, Thailand, and Ukraine; 
Final Results of Expedited Sunset Reviews of the Antidumping Duty 
Orders, 71 FR 70506 (December 5, 2006) (First Sunset Review); see 
also Certain Hot-Rolled Carbon Steel Flat Products from India, 
Indonesia, the People's Republic of China, Taiwan, Thailand, and 
Ukraine: Continuation of Antidumping and Countervailing Duty Orders, 
79 FR 7425 (February 7, 2014) (Second Sunset Review).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705 
(February 5, 2019) (Initiation).
---------------------------------------------------------------------------

    On March 7, 2019, Commerce received complete substantive responses 
to the notices of initiation from Nucor Corporation; AK Steel 
Corporation; ArcelorMittal USA LLC; United States Steel Corporation; 
California Steel Industries; SSAB Enterprises LLC; and Steel Dynamics, 
Inc. (collectively, the domestic interested parties) within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act, as manufacturers, producers, or wholesalers of a domestic like 
product in the United States. Commerce received comments from the 
Government of Ukraine,\4\ but received no substantive responses from 
any other interested parties. As a result, Commerce conducted an 
expedited, i.e., 120-day, sunset review of these AD Orders pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum: Final Results of 
Expedited Third Sunset Reviews of the Antidumping Duty Orders on 
Certain Hot-Rolled Carbon Steel Flat Products from India, Indonesia, 
the People's Republic of China, Taiwan, Thailand, and Ukraine 
(Issues and Decisions Memorandum), dated June 5, 2019 at 20. 
Commerce did not find the Government of Ukraine's comments to be an 
adequate substantive response.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise subject to the AD Orders is certain hot-rolled 
carbon steel flat products. For a complete description of the products 
covered, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in these reviews, including the likelihood of 
continuation or recurrence of dumping in the event of revocation, and 
the magnitude of dumping margins likely to prevail if the orders were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum dated concurrently with, and hereby adopted by, this notice. 
A list of the topics discussed in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document, which 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 http://access.trade.gov and is available to all 
parties in the Central Records Unit in Room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the internet at http://trade.gov/enforcement/. The signed and electronic versions of the 
Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty orders on certain hot-rolled 
carbon steel flat products from India, Indonesia, China, Taiwan, 
Thailand, and Ukraine would be likely to lead to continuation or 
recurrence of dumping. We determine that the weighted-average dumping 
margins likely to prevail are up to the following percentages:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Country                              margin
                                                               (percent)
------------------------------------------------------------------------
India.......................................................       44.40
Indonesia...................................................       47.86
China.......................................................       90.83
Taiwan......................................................       29.14
Thailand....................................................       20.30
Ukraine.....................................................       90.33
------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: June 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scopes of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. The Adequacy of the Government of Ukraine's Response
    2. Likelihood of Continuation or Recurrence of Dumping
    3. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2019-12147 Filed 6-7-19; 8:45 am]
 BILLING CODE 3510-DS-P