Certain Collated Steel Staples From the People's Republic of China: Initiation of Countervailing Duty Investigation, 31840-31844 [2019-14232]
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–836]
Dried Tart Cherries From the Republic
of Turkey: Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 3, 2019.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon or Maria Tatarska, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1993 or (202) 482–1562,
respectively
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On May 13, 2019, the Department of
Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of dried tart cherries from the
Republic of Turkey.1 Currently, the
preliminary determination is due no
later than July 17, 2019.
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Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which Commerce initiated the
investigation. However, section
703(c)(1) of the Act permits Commerce
to postpone the preliminary
determination until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) the
petitioner 2 makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
1 See Dried Tart Cherries from the Republic of
Turkey: Initiation of Countervailing Duty
Investigation, 84 FR 22813 (May 20, 2019).
2 The petitioner is the Dried Tart Cherry Trade
Committee.
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it finds compelling reasons to deny the
request.
On June 6, 2019, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determination.3 The petitioner
stated that it requests postponement to
provide Commerce with time to fully
analyze the respondents’ questionnaire
responses and to allow Commerce and
interested parties sufficient time to
review the questionnaire responses for
deficiencies and request clarification
and additional information, as
necessary.4 In accordance with 19 CFR
351.205(e), the petitioner has stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
September 20, 2019. Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
Notification to Interested Parties
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–14236 Filed 7–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–113]
Certain Collated Steel Staples From
the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer or Joshua Simonidis, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
AGENCY:
3 See the Petitioner’s Letter titled, ‘‘Dried Tart
Cherries from Turkey: Request to Extend the
Preliminary Determination Deadline,’’ dated June 6,
2019.
4 Id.
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International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9068 or
(202) 482–0608, respectively,
SUPPLEMENTARY INFORMATION:
The Petition
On June 6, 2019, the U.S. Department
of Commerce (Commerce) received a
countervailing duty (CVD) petition
concerning imports of certain collated
steel staples (collated staples) from the
People’s Republic of China (China).1
The Petition was filed in proper form by
Kyocera Senco Industrial Tools, Inc.
(the petitioner). The CVD Petition was
accompanied by antidumping duty (AD)
petitions concerning imports of collated
staples from China, the Republic of
Korea, and Taiwan.2
On June 11, 2019 and June 17, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner filed
responses to these requests between
June 13 and June 19, 2019.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of collated staples
in China, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing collated staples in the United
1 See the Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Certain Collated Steel Staples from Korea,
the People’s Republic of China, and Taiwan,’’ dated
June 6, 2019 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Certain Collated Steel Staples from the People’s
Republic of China, the Republic of Korea, and
Taiwan and Countervailing Duties on Imports of
Certain Collated Steel Staples from the People’s
Republic of China: Supplemental Questions,’’ dated
June 11, 2019 (General Issues Supplemental
Questionnaire); ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain
Collated Steel Staples from the People’s Republic of
China: Supplemental Questions,’’ all dated June 11,
2019 (CVD Supplemental Questionnaire); and
Memorandum, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Certain Collated Steel Staples from Korea, the
People’s Republic of China, and Taiwan: Phone Call
with Counsel to the Petitioner,’’ dated June 17,
2019.
4 See the Petitioner’s Letters, ‘‘Certain Collated
Steel Staples from Korea, the People’s Republic of
China, and Taiwan: Petition Supplement—General
and Injury,’’ dated June 13, 2019 (General Issues
Supplement); ‘‘Certain Collated Steel Staples from
the People’s Republic of China: Petition
Supplement,’’ dated June 14, 2019 (CVD
Supplement); ‘‘Certain Collated Steel Staples from
Korea, the People’s Republic of China, and Taiwan:
Petition Supplement—General Issues,’’ June 19,
2019 (Second General Issues Supplement).
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States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.5
Period of Investigation
Because the Petition was filed on June
6, 2019, the period of investigation (POI)
is January 1, 2018 through December 31,
2018.6
Scope of the Investigation
The merchandise covered by this
investigation consists of collated staples
from China. For a full description of the
scope of this investigation, see the
Appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition,
Commerce issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.7 As a result of
these exchanges, the scope of the
Petition was modified to clarify the
description of merchandise covered by
the Petition. The description of the
merchandise covered by this initiation,
as described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).8 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
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5 See
‘‘Countervailing Duty Investigation
Initiation Checklist: Certain Collated Steel Staples
from the People’s Republic of China’’ (CVD
Initiation Checklist). This checklist is dated
concurrently with, and hereby adopted by, this
notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also
available in the Central Records Unit, Room B8024
of the main Department of Commerce building.
6 See 19 CFR 351.204(b)(1).
7 See General Issues Supplement; see also Second
General Issues Supplement.
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on July 16, 2019,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on July 26, 2019, which is
10 calendar days from the initial
comment deadline.10
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).11
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.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the Government of China (GOC) of the
receipt of the Petition and provided it
the opportunity for consultations with
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See 19 CFR 351.303(b).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook%20on
%20Electronic%20Filling%20Procedures.pdf.
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31841
respect to the Petition.12 The GOC did
not request consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers, as a
whole, of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,13 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
12 See Commerce Letter, ‘‘Countervailing Duty
Petition on Collated Steel Staples from the People’s
Republic of China: Invitation for Consultations to
Discuss the Countervailing Duty Petition,’’ dated
June 6, 2019.
13 See section 771(10) of the Act.
14 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Federal Circuit 1989)).
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most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.15 Based on our analysis of
the information submitted on the
record, we have determined that
collated staples, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.16
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided its own 2018
production of the domestic like product
and compared this to the estimated total
production of the domestic like product
for the entire domestic industry.17 We
relied on data provided by the petitioner
for purposes of measuring industry
support.18
Our review of the data provided in the
Petition, the General Issues Supplement,
the Second General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.19 First, the
Petition established support from
domestic producers (or workers)
15 See Volume I of the Petition at 9–13 and
Exhibit IN–4; see also General Issues Supplement
at 4 and Exhibit 1.
16 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see CVD Initiation
Checklist, at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petition Covering Certain Collated Steel
Staples from the People’s Republic of China, the
Republic of Korea, and Taiwan (Attachment II).
This checklist is dated concurrently with this notice
and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main
Department of Commerce building.
17 See Volume I of the Petition, at 3 and Exhibit
GEN–1; see also General Issues Supplement, at 7
and Exhibit 5; and Second General Issues
Supplement, at Exhibit 1.
18 See Volume I of the Petition, at 3 and Exhibit
GEN–1; see also General Issues Supplement, at 7
and Exhibit 5; and Second General Issues
Supplement, at Exhibit 1. For further discussion,
see CVD Initiation Checklist, at Attachment II.
19 See CVD Initiation Checklist, at Attachment II.
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accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).20 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.22 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports from China
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act.23
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; lost sales and lost
revenue; underselling and price
depression or suppression; and low
capacity utilization rates and declining
shipments, production, and
20 Id.;
21 See
see also section 702(c)(4)(D) of the Act.
CVD Initiation Checklist, at Attachment II.
22 Id.
23 See Volume I of the Petition, at 23 and Exhibits
GEN–4 and IN–15.
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profitability.24 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, cumulation,
as well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence, and meet the statutory
requirements for initiation.25
Initiation of CVD Investigation
Based on the examination of the
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Therefore, we are initiating a CVD
investigation to determine whether
imports of collated staples from China
benefit from countervailable subsidies
conferred by the GOC. Based on our
review of the Petition, we find that there
is sufficient information to initiate a
CVD investigation, in whole or part, on
26 of the 27 alleged programs. For a full
discussion of the basis for our decision
to initiate on each program, see CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Respondent Selection
The petitioner named 99 companies
as producers/exporters of collated
staples in China.26 Commerce intends to
follow its standard practice in CVD
investigations and calculate companyspecific subsidy rates in this
investigation. In the event Commerce
determines that the number of
companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of collated
staples from China during the POI under
the appropriate Harmonized Tariff
Schedule of the United States number
listed in the Appendix.
On June 21, 2019, Commerce released
CBP data on imports of collated staples
from China under Administrative
24 See Volume I of the Petition, at 9, 16–35 and
Exhibits GEN–4, IN–1 through IN–7, IN–9 through
IN–18 and IN–19; see also General Issues
Supplement, at 4, 8–11 and Exhibit 1.
25 See CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain
Collated Steel Staples from the People’s Republic of
China, the Republic of Korea, and Taiwan
(Attachment III).
26 See Volume I of the Petition at 8 and Exhibit
GEN–2.
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Protective Order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and respondent selection
must do so within three business days
of the publication date of the notice of
initiation of this investigation.27 We
further stated that we will not accept
rebuttal comments.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
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). Any party, when
submitting factual information, must
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted 30 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.31 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. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, 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 19 CFR 351.301.
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. ET
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 a
letter or memorandum of 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 untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
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Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
collated staples from China are
materially injuring, or threatening
material injury to, a U.S. industry.28 A
negative ITC determination will result
in the investigation being terminated.29
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
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
27 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China—
Release of Customs Data,’’ dated June 20, 2019.
28 See section 703(a)(2) of the Act.
29 See section 703(a)(1) of the Act.
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Certification Requirements
Any party submitting factual
information in an AD or CVD
30 See
31 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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31843
proceeding must certify to the accuracy
and completeness of that information.32
Parties must use the certification
formats provided in 19 CFR
351.303(g).33 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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 investigation
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 issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: June 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the scope of
this investigation is certain collated steel
staples. Certain collated steel staples subject
to this investigation are made from steel wire
having a nominal diameter from 0.0355 inch
to 0.0830 inch, inclusive, and have a nominal
leg length from 0.25 inch to 3.0 inches,
inclusive, and a nominal crown width from
0.187 inch to 1.125 inch, inclusive.
Certain collated steel staples may be
manufactured from any type of steel, and are
included in the scope of the investigation
regardless of whether they are uncoated or
coated, and regardless of the type or number
of coatings, including but not limited to
coatings to inhibit corrosion.
Certain collated steel staples may be
collated using any material or combination of
materials, including but not limited to
adhesive, glue, and adhesive film or adhesive
or paper tape.
Certain collated steel staples are generally
made to American Society for Testing and
Materials (ASTM) specification ASTM
F1667–18a, but can also be made to other
specifications.
Excluded from the scope of this
investigation are any carton-closing staples
covered by the scope of the existing
32 See
section 782(b) of the Act.
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.
33 See
E:\FR\FM\03JYN1.SGM
03JYN1
31844
Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
antidumping duty order on Carton-Closing
Staples from the People’s Republic of China.
See Carton-Closing Staples From the People’s
Republic of China: Antidumping Duty Order,
83 FR 20792 (May 8, 2018).
Certain collated steel staples subject to this
investigation are currently classifiable under
subheading 8305.20.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS).
While the HTSUS subheading and ASTM
specification are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
[FR Doc. 2019–14232 Filed 7–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR006
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Service Pier
Extension Project on Naval Base
Kitsap Bangor, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from the United States Navy for the reissuance of a previously issued
incidental harassment authorization
(IHA) with the only change being
effective dates that are one year later
(July 16, 2020—July 15 2021). The
initial IHA authorized take of five
species of marine mammals, by Level A
and Level B harassment, incidental to
construction associated with the Service
Pier Extension project (SPE) at Naval
Base Kitsap Bangor, Washington. The
project has been delayed and none of
the work covered in the initial IHA
issued in 2018 will be initiated under
the effective dates of that IHA (July 16,
2019 through July 15, 2020). The scope
of the activities and anticipated effects
remain the same, authorized take
numbers would not change, and the
required mitigation, monitoring, and
reporting would remain the same as
authorized in the 2018 IHA referenced
above. NMFS is, therefore, issuing a
second IHA to cover the incidental take
analyzed and authorized in the initial
IHA.
DATES: This authorization is effective
from July 16, 2020 to July 15, 2021.
ADDRESSES: An electronic copy of the
final 2018 IHA previously issued to the
jspears on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:23 Jul 02, 2019
Jkt 247001
Navy, the Navy’s application, and the
Federal Register notices proposing and
issuing the 2018 IHA may be obtained
by visiting https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (MMPA;
16 U.S.C. 1361 et seq.) direct the
Secretary of Commerce (as delegated to
NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Summary of Request
On June 28, 2018, NMFS published
final notice of our issuance of an IHA
authorizing take of marine mammals
incidental to the SPE project at Naval
Base Kitsap Bangor (83 FR 30406). The
effective dates of that IHA were July 16,
2019 through July 15, 2020. On
February 4, 2019, the Navy informed
NMFS that the project was being
delayed by one year. None of the work
identified in the IHA (i.e., pile driving
and removal) has occurred and no take
of any marine mammals has occurred
since the effective date of the initial IHA
is July 16, 2019. The Navy submitted a
formal request for a new identical IHA
that would be effective from July 16,
2020 through July 15, 2021, in order to
conduct the construction and
demolition work that was analyzed and
authorized through the previously
issued IHA. Therefore, an IHA is
appropriate.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
Planned activities include extending
the service pier to provide additional
berthing capacity and improving
associated facilities for existing
homeported and visiting submarines at
Naval Base Kitsap Bangor. Specifically,
the location, timing, and nature of the
activities, including the types of
equipment planned for use, are identical
to those described in the original IHA.
The mitigation and monitoring are also
identical to the original IHA and will
include limiting construction to an inwater work window (July 16–January
15), limiting construction to daylight
hours only, using bubble curtains
during impact driving of steel piles,
using soft-start during impact pile
driving, and monitoring and reporting of
qualified protected species observes
(PSOs).
Species that are expected to be taken
by the planned activity include killer
whale (Orcinus orca), harbor porpoise
(Phocoena phocoena vomerina), harbor
seal (Phoca vitulina), California sea lion
(Zalophus californianus), and Steller
sea lion (Eumetopias jubatus
monteriensis). The 2018 IHA
authorized, by Level B harassment, 48
killer whale takes, 2,728 harbor
porpoise takes, 503 Steller sea lion
takes, 7,816 California sea lion takes and
5,600 harbor seal takes. NMFS also
E:\FR\FM\03JYN1.SGM
03JYN1
]]>Agencies
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31840-31844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14232]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-113]
Certain Collated Steel Staples From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 26, 2019.
FOR FURTHER INFORMATION CONTACT: Robert Palmer or Joshua Simonidis, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202)
482-0608, respectively,
SUPPLEMENTARY INFORMATION:
The Petition
On June 6, 2019, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
certain collated steel staples (collated staples) from the People's
Republic of China (China).\1\ The Petition was filed in proper form by
Kyocera Senco Industrial Tools, Inc. (the petitioner). The CVD Petition
was accompanied by antidumping duty (AD) petitions concerning imports
of collated staples from China, the Republic of Korea, and Taiwan.\2\
---------------------------------------------------------------------------
\1\ See the Petitioner's Letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Certain Collated Steel
Staples from Korea, the People's Republic of China, and Taiwan,''
dated June 6, 2019 (Petition).
\2\ Id.
---------------------------------------------------------------------------
On June 11, 2019 and June 17, 2019, Commerce requested supplemental
information pertaining to certain aspects of the Petition.\3\ The
petitioner filed responses to these requests between June 13 and June
19, 2019.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Certain Collated Steel Staples from
the People's Republic of China, the Republic of Korea, and Taiwan
and Countervailing Duties on Imports of Certain Collated Steel
Staples from the People's Republic of China: Supplemental
Questions,'' dated June 11, 2019 (General Issues Supplemental
Questionnaire); ``Petition for the Imposition of Countervailing
Duties on Imports of Certain Collated Steel Staples from the
People's Republic of China: Supplemental Questions,'' all dated June
11, 2019 (CVD Supplemental Questionnaire); and Memorandum,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Collated Steel Staples from Korea, the
People's Republic of China, and Taiwan: Phone Call with Counsel to
the Petitioner,'' dated June 17, 2019.
\4\ See the Petitioner's Letters, ``Certain Collated Steel
Staples from Korea, the People's Republic of China, and Taiwan:
Petition Supplement--General and Injury,'' dated June 13, 2019
(General Issues Supplement); ``Certain Collated Steel Staples from
the People's Republic of China: Petition Supplement,'' dated June
14, 2019 (CVD Supplement); ``Certain Collated Steel Staples from
Korea, the People's Republic of China, and Taiwan: Petition
Supplement--General Issues,'' June 19, 2019 (Second General Issues
Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
is providing countervailable subsidies, within the meaning of sections
701 and 771(5) of the Act, to producers of collated staples in China,
and that such imports are materially injuring, or threatening material
injury to, the domestic industry producing collated staples in the
United
[[Page 31841]]
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed this Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.\5\
---------------------------------------------------------------------------
\5\ See ``Countervailing Duty Investigation Initiation
Checklist: Certain Collated Steel Staples from the People's Republic
of China'' (CVD Initiation Checklist). This checklist is dated
concurrently with, and hereby adopted by, this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Department of Commerce building.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on June 6, 2019, the period of
investigation (POI) is January 1, 2018 through December 31, 2018.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation consists of collated
staples from China. For a full description of the scope of this
investigation, see the Appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition, Commerce issued questions to,
and received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ As a result of these exchanges, the scope of the Petition
was modified to clarify the description of merchandise covered by the
Petition. The description of the merchandise covered by this
initiation, as described in the Appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplement; see also Second General
Issues Supplement.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on July 16, 2019, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on July 26, 2019, which is
10 calendar days from the initial comment deadline.\10\
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ 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.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Government of China (GOC) of the receipt of the Petition
and provided it the opportunity for consultations with respect to the
Petition.\12\ The GOC did not request consultations.
---------------------------------------------------------------------------
\12\ See Commerce Letter, ``Countervailing Duty Petition on
Collated Steel Staples from the People's Republic of China:
Invitation for Consultations to Discuss the Countervailing Duty
Petition,'' dated June 6, 2019.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Federal Circuit
1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like,
[[Page 31842]]
most similar in characteristics and uses with, the article subject to
an investigation under this title.'' Thus, the reference point from
which the domestic like product analysis begins is ``the article
subject to an investigation'' (i.e., the class or kind of merchandise
to be investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\15\ Based on our analysis of the information
submitted on the record, we have determined that collated staples, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petition at 9-13 and Exhibit IN-4; see
also General Issues Supplement at 4 and Exhibit 1.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
CVD Initiation Checklist, at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petition
Covering Certain Collated Steel Staples from the People's Republic
of China, the Republic of Korea, and Taiwan (Attachment II). This
checklist is dated concurrently with this notice and on file
electronically via ACCESS. Access to documents filed via ACCESS is
also available in the Central Records Unit, Room B8024 of the main
Department of Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own 2018 production of the domestic like product and compared this to
the estimated total production of the domestic like product for the
entire domestic industry.\17\ We relied on data provided by the
petitioner for purposes of measuring industry support.\18\
---------------------------------------------------------------------------
\17\ See Volume I of the Petition, at 3 and Exhibit GEN-1; see
also General Issues Supplement, at 7 and Exhibit 5; and Second
General Issues Supplement, at Exhibit 1.
\18\ See Volume I of the Petition, at 3 and Exhibit GEN-1; see
also General Issues Supplement, at 7 and Exhibit 5; and Second
General Issues Supplement, at Exhibit 1. For further discussion, see
CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, the Second General Issues Supplement, and other information
readily available to Commerce indicates that the petitioner has
established industry support for the Petition.\19\ First, the Petition
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
in order to evaluate industry support (e.g., polling).\20\ Second, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petition account for at
least 25 percent of the total production of the domestic like
product.\21\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petition account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\22\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 702(b)(1) of the
Act.
---------------------------------------------------------------------------
\19\ See CVD Initiation Checklist, at Attachment II.
\20\ Id.; see also section 702(c)(4)(D) of the Act.
\21\ See CVD Initiation Checklist, at Attachment II.
\22\ Id.
---------------------------------------------------------------------------
Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------
\23\ See Volume I of the Petition, at 23 and Exhibits GEN-4 and
IN-15.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; lost sales and lost revenue; underselling and
price depression or suppression; and low capacity utilization rates and
declining shipments, production, and profitability.\24\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, cumulation, as well as
negligibility, and we have determined that these allegations are
properly supported by adequate evidence, and meet the statutory
requirements for initiation.\25\
---------------------------------------------------------------------------
\24\ See Volume I of the Petition, at 9, 16-35 and Exhibits GEN-
4, IN-1 through IN-7, IN-9 through IN-18 and IN-19; see also General
Issues Supplement, at 4, 8-11 and Exhibit 1.
\25\ See CVD Initiation Checklist, at Attachment III, Analysis
of Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Certain
Collated Steel Staples from the People's Republic of China, the
Republic of Korea, and Taiwan (Attachment III).
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the Petition, we find that the Petition
meets the requirements of section 702 of the Act. Therefore, we are
initiating a CVD investigation to determine whether imports of collated
staples from China benefit from countervailable subsidies conferred by
the GOC. Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation, in whole or
part, on 26 of the 27 alleged programs. For a full discussion of the
basis for our decision to initiate on each program, see CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 65 days after the
date of this initiation.
Respondent Selection
The petitioner named 99 companies as producers/exporters of
collated staples in China.\26\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in this investigation. In the event Commerce determines that the
number of companies is large and it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select mandatory respondents based on U.S. Customs and
Border Protection (CBP) data for U.S. imports of collated staples from
China during the POI under the appropriate Harmonized Tariff Schedule
of the United States number listed in the Appendix.
---------------------------------------------------------------------------
\26\ See Volume I of the Petition at 8 and Exhibit GEN-2.
---------------------------------------------------------------------------
On June 21, 2019, Commerce released CBP data on imports of collated
staples from China under Administrative
[[Page 31843]]
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of this investigation.\27\ We further stated that we will
not accept rebuttal comments.
---------------------------------------------------------------------------
\27\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China--Release of Customs Data,'' dated June
20, 2019.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of collated staples from China are materially
injuring, or threatening material injury to, a U.S. industry.\28\ A
negative ITC determination will result in the investigation being
terminated.\29\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
---------------------------------------------------------------------------
\28\ See section 703(a)(2) of the Act.
\29\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
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). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \30\ 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.\31\ 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. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\30\ See 19 CFR 351.301(b).
\31\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, 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 19 CFR 351.301. 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. ET 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 a letter or memorandum of 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. Parties
should 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 investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\32\
Parties must use the certification formats provided in 19 CFR
351.303(g).\33\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\32\ See section 782(b) of the Act.
\33\ 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 investigation 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 issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: June 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by the scope of this investigation is
certain collated steel staples. Certain collated steel staples
subject to this investigation are made from steel wire having a
nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and
have a nominal leg length from 0.25 inch to 3.0 inches, inclusive,
and a nominal crown width from 0.187 inch to 1.125 inch, inclusive.
Certain collated steel staples may be manufactured from any type
of steel, and are included in the scope of the investigation
regardless of whether they are uncoated or coated, and regardless of
the type or number of coatings, including but not limited to
coatings to inhibit corrosion.
Certain collated steel staples may be collated using any
material or combination of materials, including but not limited to
adhesive, glue, and adhesive film or adhesive or paper tape.
Certain collated steel staples are generally made to American
Society for Testing and Materials (ASTM) specification ASTM F1667-
18a, but can also be made to other specifications.
Excluded from the scope of this investigation are any carton-
closing staples covered by the scope of the existing
[[Page 31844]]
antidumping duty order on Carton-Closing Staples from the People's
Republic of China. See Carton-Closing Staples From the People's
Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8,
2018).
Certain collated steel staples subject to this investigation are
currently classifiable under subheading 8305.20.0000 of the
Harmonized Tariff Schedule of the United States (HTSUS).
While the HTSUS subheading and ASTM specification are provided
for convenience and for customs purposes, the written description of
the subject merchandise is dispositive.
[FR Doc. 2019-14232 Filed 7-2-19; 8:45 am]
BILLING CODE 3510-DS-P
