Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation: Final Results and Rescission of Antidumping Duty Administrative Review; 2016-2017, 38948-38949 [2019-17006]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 38948 Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices via teleconference and WebEx only on August 15, 2019. Background: The Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.) (‘‘the Act’’) established the FirstNet Authority as an independent authority within the National Telecommunications and Information Administration that is headed by a Board. The Act directs the FirstNet Authority to ensure the building, deployment, and operation of a nationwide, interoperable public safety broadband network. The FirstNet Authority Board is responsible for making strategic decisions regarding the FirstNet Authority’s operations. The FirstNet Authority Board held its first public meeting on September 25, 2012. 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Karen Miller-Kuwana, Board Secretary, First Responder Network Authority. [FR Doc. 2019–16997 Filed 8–7–19; 8:45 am] BILLING CODE 3510–TL–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–809] Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the Russian Federation: Final Results and Rescission of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Novolipetsk Steel (NLMK) did not make a bona fide sale during the period of review (POR) December 1, 2016 through November 30, 2017. Therefore, we are rescinding this administrative review. DATES: Applicable August 8, 2019. FOR FURTHER INFORMATION CONTACT: John McGowan or Joshua DeMoss, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3019 or (202) 482–3362, respectively. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Background On February 19, 2019, Commerce published the Preliminary Results of this review in the Federal Register 1 and invited parties to comment on the Preliminary Results. On March 25, 2019, we received case briefs from NLMK and the Ministry of Economic Development of the Russian Federation. On April 1, 2019, we received a rebuttal brief from a petitioner (i.e., Nucor Corporation). Further, on June 27, 2019, we held a public hearing regarding issues raised in case and rebuttal briefs. Scope of the Order The product covered by this administrative review is certain hotrolled flat-rolled carbon-quality steel products (hot-rolled steel) from Russia. For the full text of the scope of the order, see the Issues and Decision Memorandum.2 Analysis of the Comments Received All issues raised in the case and rebuttal briefs submitted in this review are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached as an appendix to this notice. 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 it is available to all parties in the Central Records Unit, Room B8024 of the main 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. 1 See Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 84 FR 4776 (February 19, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum; see also Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation: Correction to the Preliminary Results of the 2016–2017 Administrative Review, 84 FR 16643 (April 22, 2019). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review and Final Rescission of the Antidumping Duty Order on Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation; 2016–2017,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices Bona Fides Analysis For the Preliminary Results, Commerce analyzed the bona fide nature of NLMK’s single sale and preliminarily found it was not a bona fide sale.3 Based on Commerce’s complete analysis of all the information and comments on the record of this review, Commerce continues to find that NLMK’s sale is not a bona fide sale. Commerce reached this conclusion based on its consideration of the totality of circumstances, including: (a) The atypical nature of both the price and quantity of the sale; (b) reason to question the arm’s-length nature of the transaction; and (c) the circumstances of the sale/customer correspondence. In addition to the above factors, which Commerce determined are a sufficient basis to find NLMK’s sale to be nonbona fide, it determined that additional factors—i.e., the timing of the sale, late payment by the customer, the sales agent agreement, affiliation concerns, and the fact that NLMK only made one sale during the POR—constituted additional support for its non-bona fide finding. Because we have determined that NLMK had no bona fide sales during the POR, we are rescinding this administrative review. Assessment Because Commerce is rescinding this administrative review, we have not calculated a company-specific dumping margin for NLMK. NLMK’s entries will be liquidated at the all-others rate applicable to Russian exporters who do not have their own company-specific rate. The all-others rate is 184.56 percent.4 Cash Deposit Requirements Because we did not calculate a dumping margin for NLMK, NLMK continues to be subject to the all-others rate at which its merchandise entered, 184.56 percent.5 These cash deposit requirements shall remain in effect until further notice. jbell on DSK3GLQ082PROD with NOTICES Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative 3 See Memorandum, ‘‘2016–2017 Antidumping Duty Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation: Preliminary Bona Fides Sales Analysis for Novolipetsk Steel,’’ dated February 11, 2019. 4 See Termination of the Suspension Agreement on Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation, Rescission of 2013–2014 Administrative Review, and Issuance of Antidumping Duty Order, 79 FR 77455 (December 24, 2014). 5 Id., 79 FR at 77456. VerDate Sep<11>2014 16:51 Aug 07, 2019 Jkt 247001 Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in these segments of the proceeding. Timely written notification of the return or 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 sanctionable violation. Notification to Importers This notice 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 review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(5). Dated: August 2, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether ‘‘Bona Fides’’ Testing is Applicable Only to New Shipper Reviews, and Not Administrative Reviews Comment 2: Whether Record Evidence Confirms that NLMK’s Sale Was Not a Bona Fide Sale Comment 3: Whether Rescinding this Administrative Review is Appropriate V. Recommendation [FR Doc. 2019–17006 Filed 8–7–19; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 38949 DEPARTMENT OF EDUCATION [Docket No.: ED–2019–ICCD–0069] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Federal Perkins Loan Program Regulations Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection. DATES: Interested persons are invited to submit comments on or before September 9, 2019. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use https://www.regulations.gov by searching the Docket ID number ED– 2019–ICCD–0069. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9086, Washington, DC 20202–0023. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Beth Grebeldinger, 202–377–4018. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the SUMMARY: E:\FR\FM\08AUN1.SGM 08AUN1

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[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38948-38949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17006]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-809]


Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From 
the Russian Federation: Final Results and Rescission 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 
Novolipetsk Steel (NLMK) did not make a bona fide sale during the 
period of review (POR) December 1, 2016 through November 30, 2017. 
Therefore, we are rescinding this administrative review.

DATES: Applicable August 8, 2019.

FOR FURTHER INFORMATION CONTACT: John McGowan or Joshua DeMoss, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-3362, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 2019, Commerce published the Preliminary Results of 
this review in the Federal Register \1\ and invited parties to comment 
on the Preliminary Results. On March 25, 2019, we received case briefs 
from NLMK and the Ministry of Economic Development of the Russian 
Federation. On April 1, 2019, we received a rebuttal brief from a 
petitioner (i.e., Nucor Corporation). Further, on June 27, 2019, we 
held a public hearing regarding issues raised in case and rebuttal 
briefs.
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel 
Products from the Russian Federation: Preliminary Results of 
Antidumping Duty Administrative Review, 84 FR 4776 (February 19, 
2019) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum; see also Certain Hot-Rolled Flat-Rolled Carbon-Quality 
Steel Products from the Russian Federation: Correction to the 
Preliminary Results of the 2016-2017 Administrative Review, 84 FR 
16643 (April 22, 2019).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this administrative review is certain hot-
rolled flat-rolled carbon-quality steel products (hot-rolled steel) 
from Russia. For the full text of the scope of the order, see the 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review and Final Rescission of 
the Antidumping Duty Order on Certain Hot-Rolled Flat-Rolled Carbon-
Quality Steel Products from the Russian Federation; 2016-2017,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum. A list of 
the issues raised is attached as an appendix to this notice. 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 
it is available to all parties in the Central Records Unit, Room B8024 
of the main 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.

[[Page 38949]]

Bona Fides Analysis

    For the Preliminary Results, Commerce analyzed the bona fide nature 
of NLMK's single sale and preliminarily found it was not a bona fide 
sale.\3\ Based on Commerce's complete analysis of all the information 
and comments on the record of this review, Commerce continues to find 
that NLMK's sale is not a bona fide sale. Commerce reached this 
conclusion based on its consideration of the totality of circumstances, 
including: (a) The atypical nature of both the price and quantity of 
the sale; (b) reason to question the arm's-length nature of the 
transaction; and (c) the circumstances of the sale/customer 
correspondence. In addition to the above factors, which Commerce 
determined are a sufficient basis to find NLMK's sale to be non-bona 
fide, it determined that additional factors--i.e., the timing of the 
sale, late payment by the customer, the sales agent agreement, 
affiliation concerns, and the fact that NLMK only made one sale during 
the POR--constituted additional support for its non-bona fide finding.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``2016-2017 Antidumping Duty Administrative 
Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel 
Products from the Russian Federation: Preliminary Bona Fides Sales 
Analysis for Novolipetsk Steel,'' dated February 11, 2019.
---------------------------------------------------------------------------

    Because we have determined that NLMK had no bona fide sales during 
the POR, we are rescinding this administrative review.

Assessment

    Because Commerce is rescinding this administrative review, we have 
not calculated a company-specific dumping margin for NLMK. NLMK's 
entries will be liquidated at the all-others rate applicable to Russian 
exporters who do not have their own company-specific rate. The all-
others rate is 184.56 percent.\4\
---------------------------------------------------------------------------

    \4\ See Termination of the Suspension Agreement on Hot-Rolled 
Flat-Rolled Carbon-Quality Steel Products from the Russian 
Federation, Rescission of 2013-2014 Administrative Review, and 
Issuance of Antidumping Duty Order, 79 FR 77455 (December 24, 2014).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Because we did not calculate a dumping margin for NLMK, NLMK 
continues to be subject to the all-others rate at which its merchandise 
entered, 184.56 percent.\5\ These cash deposit requirements shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \5\ Id., 79 FR at 77456.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or 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 sanctionable violation.

Notification to Importers

    This notice 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.213(h) and 351.221(b)(5).

    Dated: August 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether ``Bona Fides'' Testing is Applicable Only to 
New Shipper Reviews, and Not Administrative Reviews
    Comment 2: Whether Record Evidence Confirms that NLMK's Sale Was 
Not a Bona Fide Sale
    Comment 3: Whether Rescinding this Administrative Review is 
Appropriate
V. Recommendation

[FR Doc. 2019-17006 Filed 8-7-19; 8:45 am]
BILLING CODE 3510-DS-P
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