Phosphor Copper From the Republic of Korea: Notice of Rescission of Antidumping Duty Administrative Review, 39808-39809 [2019-17195]

Download as PDF jspears on DSK3GMQ082PROD with NOTICES 39808 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices refers to facts the certifying party is expected to have in its own records. For example, the importer should have ‘‘direct personal knowledge’’ of the importation of the product (e.g., the name of the exporter) in its records; • I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the substrate used to produce the imported products); • The aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from remelted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF IMPORTING COMPANY}is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification, (attesting to the production and/ or export of the imported merchandise identified above), for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; • I understand that {INSERT NAME OF IMPORTING COMPANY}is required to maintain and provide a copy of the exporter’s certification and supporting records, upon request, to CBP and/or Commerce; • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and Æ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates determined by Commerce; • I understand that agents of the importer, such as brokers, are not permitted to make this certification; • This certification was completed by the time of filing the entry summary; and VerDate Sep<11>2014 18:19 Aug 09, 2019 Jkt 247001 • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE Appendix IV [FR Doc. 2019–17194 Filed 8–9–19; 8:45 am] Exporter Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the aluminum extrusions identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location; • Thee aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from remelted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment. • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and Æ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates as determined by Commerce; • This certification was completed by the time of shipment; and PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–885] Phosphor Copper From the Republic of Korea: Notice of Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on phosphor copper from the Republic of Korea (Korea) for the period of review (POR) April 1, 2018, through March 31, 2019. DATES: Applicable August 12, 2019. FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order 1 on phosphor copper from the Republic of Korea.2 On April 26 and 30, 2019, Commerce received timely requests from Metallurgical Products Company (Metallurgical or the petitioner) and Bongsan Co., Ltd. (Bongsan) in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), to conduct an administrative review of this antidumping duty order with respect to Bongsan.3 1 See Phosphor Copper from the Republic of Korea: Antidumping Duty Order, 82 FR 18893 (April 24, 2017). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 12207 (April 1, 2019). 3 See Petitioner’s Letter, ‘‘Phosphor Copper from the Republic of Korea: Request for Administrative E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices On June 13, 2019, Commerce published in the Federal Register the notice of initiation of this antidumping duty administrative review with respect to Bongsan.4 On July 23 and 24, 2019, Bongsan and the petitioner, respectively, timely withdrew their requests for administrative review of the antidumping duty order with respect to Bongsan.5 Rescission of the 2018–2019 Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The instant review was initiated on June 13, 2019. Bongsan withdrew its request for review on July 23, 2019, and the petitioner withdrew its request for a review on July 24, 2019, which is within the 90-day deadline. No other party requested an administrative review of this order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review of the antidumping duty order on phosphor copper from the Republic of Korea in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of phosphor copper from Korea. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review in the Federal Register. jspears on DSK3GMQ082PROD with NOTICES Notification to Importers This notice also serves as a final reminder to importers for whom this review is being rescinded of their 17:16 Aug 09, 2019 Jkt 247001 Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: August 6, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–17195 Filed 8–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Sunrise Seafoods India Private Limited (SSIPL) is the successor-ininterest to Sunrise Aqua Food Exports (SAFE) in the context of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. DATES: Applicable August 12, 2019. FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations, Office II, Enforcement and Compliance, AGENCY: Review,’’ dated April 26, 2019; see also Bongsan’s Letter, ‘‘Phosphor Copper from the Republic of Korea—Request for Administrative Review,’’ dated April 30, 2019. 4 See Initiation of Antidumping or Countervailing Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation Notice). 5 See Petitioner’s Letter, ‘‘Phosphor Copper from the Republic of Korea: Request to Withdraw Administrative Review,’’ dated July 24, 2019 (Petitioner’s Withdrawal Request); see also Bongsan’s Letter, ‘‘Phosphor Copper from the Republic of Korea—Withdrawal of Request for Administrative Review,’’ dated July 23, 2019 (Bongsan’s Withdrawal Request). VerDate Sep<11>2014 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 Commerce’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 39809 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3860. SUPPLEMENTARY INFORMATION: Background On December 26, 2018, in response to a request by SSIPL, Commerce published a notice of initiation of changed circumstances review to consider whether SSIPL is the successor-in-interest to SAFE.1 On March 5, 2019, we issued a supplemental questionnaire to SSIPL,2 and we received a response during the same month.3 Scope of the Order The merchandise subject to the order is certain frozen warmwater shrimp.4 The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. Preliminary Results In this changed circumstances review, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), Commerce conducted a successor-ininterest analysis. In making a successorin-interest determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.5 While no single 1 See Certain Frozen Warmwater Shrimp from India: Initiation of Antidumping Duty Changed Circumstances Review, 83 FR 66244 (December 26, 2018). 2 See Commerce’s Letter, ‘‘Certain Frozen Warmwater Shrimp from India: Successor-InInterest Changed Circumstances Review Supplemental Questionnaire,’’ dated March 5, 2019. 3 See SSIPL’s March 15, 2019 Supplemental Questionnaire Response (SSIPL March 15, 2019 SQR). 4 For a complete description of the Scope of the Order, see Memorandum, ‘‘Certain Frozen Warmwater Shrimp from India: Preliminary Results of Changed Circumstances Review,’’ dated concurrently with this notice. 5 See, e.g., Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from India Preliminary Results), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp from India Final Results). E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39808-39809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


Phosphor Copper From the Republic of Korea: Notice of Rescission 
of Antidumping Duty Administrative Review

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on phosphor copper 
from the Republic of Korea (Korea) for the period of review (POR) April 
1, 2018, through March 31, 2019.

DATES: Applicable August 12, 2019.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION: 

Background

    On April 1, 2019, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order \1\ on 
phosphor copper from the Republic of Korea.\2\ On April 26 and 30, 
2019, Commerce received timely requests from Metallurgical Products 
Company (Metallurgical or the petitioner) and Bongsan Co., Ltd. 
(Bongsan) in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.213(b), to conduct an 
administrative review of this antidumping duty order with respect to 
Bongsan.\3\
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    \1\ See Phosphor Copper from the Republic of Korea: Antidumping 
Duty Order, 82 FR 18893 (April 24, 2017).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 12207 (April 1, 2019).
    \3\ See Petitioner's Letter, ``Phosphor Copper from the Republic 
of Korea: Request for Administrative Review,'' dated April 26, 2019; 
see also Bongsan's Letter, ``Phosphor Copper from the Republic of 
Korea--Request for Administrative Review,'' dated April 30, 2019.

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[[Page 39809]]

    On June 13, 2019, Commerce published in the Federal Register the 
notice of initiation of this antidumping duty administrative review 
with respect to Bongsan.\4\ On July 23 and 24, 2019, Bongsan and the 
petitioner, respectively, timely withdrew their requests for 
administrative review of the antidumping duty order with respect to 
Bongsan.\5\
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    \4\ See Initiation of Antidumping or Countervailing 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \5\ See Petitioner's Letter, ``Phosphor Copper from the Republic 
of Korea: Request to Withdraw Administrative Review,'' dated July 
24, 2019 (Petitioner's Withdrawal Request); see also Bongsan's 
Letter, ``Phosphor Copper from the Republic of Korea--Withdrawal of 
Request for Administrative Review,'' dated July 23, 2019 (Bongsan's 
Withdrawal Request).
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Rescission of the 2018-2019 Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
instant review was initiated on June 13, 2019. Bongsan withdrew its 
request for review on July 23, 2019, and the petitioner withdrew its 
request for a review on July 24, 2019, which is within the 90-day 
deadline. No other party requested an administrative review of this 
order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are 
rescinding this review of the antidumping duty order on phosphor copper 
from the Republic of Korea in its entirety.

Assessment

    Commerce will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on all appropriate entries of phosphor copper 
from Korea. Antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate 
assessment instructions to CBP 15 days after the date of publication of 
this notice of rescission of administrative review in the Federal 
Register.

Notification to Importers

    This notice also serves as a final reminder to importers for whom 
this review is being rescinded 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 Commerce's presumption that reimbursement of the antidumping 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: August 6, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2019-17195 Filed 8-9-19; 8:45 am]
 BILLING CODE 3510-DS-P