Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria: Rescission of Antidumping Duty Administrative Review; 2018-2019, 44858-44859 [2019-18438]
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44858
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 42 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.43 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 these
investigations.
jspears on DSK3GMQ082PROD with NOTICES
Particular Market Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
CV under section 773(e) of the Act.44
Section 773(e) of the Act states that ‘‘if
a particular market situation exists such
that the cost of materials and fabrication
or other processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
42 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
44 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
43 See
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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 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 these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty proceeding must certify to the
accuracy and completeness of that
information.45 Parties must use the
certification formats provided in 19 CFR
351.303(g).46 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 these investigations
should ensure that they meet the
requirements of these procedures (e.g.,
45 See
section 782(b) of the Act.
also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
46 See
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the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: August 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these
investigations is raw, pretreated, or primed
polyethylene terephthalate sheet, whether
extruded or coextruded, in nominal
thicknesses of equal to or greater than 7 mil
(0.007 inches or 177.8 mm) and not exceeding
45 mil (0.045 inches or 1143 mm) (PET sheet).
The scope includes all PET sheet whether
made from prime (virgin) inputs or recycled
inputs, as well as any blends thereof. The
scope includes all PET sheet meeting the
above specifications regardless of width,
color, surface treatment, coating, lamination,
or other surface finish.
The merchandise subject to these
investigations is properly classified under
statistical reporting number 3920.62.0090 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS
statistical reporting number is provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2019–18370 Filed 8–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–433–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria: Rescission
of Antidumping Duty Administrative
Review; 2018–2019
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 certain
carbon and alloy steel cut-to-length
plate from Austria for the period May 1,
2018, through April 30, 2019, based on
the timely withdrawal of the request for
review.
DATES: Applicable August 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Preston N. Cox, 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) 482–5041.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
Background
On May 1, 2019, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the antidumping duty order
on certain carbon and alloy steel cut-tolength plate from Austria for the period
May 1, 2018, through April 30, 2019.1
On May 31, 2019, voestalpine Bo¨hler
Edelstahl GmbH & Co KG and
voestalpine Bo¨hler Bleche GmbH & Co
KG (collectively, voestalpine),
producers/exporters of certain carbon
and alloy steel cut-to-length plate, filed
a timely request for review, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).2 Pursuant to
this request, and in accordance with
section 751(a) of the Act and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of voestalpine.3
On July 30, 2019, voestalpine filed a
timely withdrawal of request for the
administrative review and a request for
rescission of the administrative review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. As noted above,
voestalpine, the only party to file a
request for review, withdrew its request
by the 90-day deadline. Accordingly, we
are rescinding the administrative review
of the antidumping duty order on
certain carbon and alloy steel cut-tolength plate from Austria for the period
May 1, 2018, through April 30, 2019, in
its entirety.
jspears on DSK3GMQ082PROD with NOTICES
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of certain carbon and alloy steel
cut-to-length plate from Austria.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 18479
(May 1, 2019).
2 See voestalpine’s Letter, ‘‘Carbon and Alloy
Steel Cut-to-Length Plate from Austria: Request for
Antidumping Duty Administrative Review,’’ dated
May 31, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019).
4 See voestalpine’s Letter, ‘‘Antidumping Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-To-Length Plate from Austria: Withdrawal
of Review Request and Request for Rescission,’’
dated July 30, 2019.
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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 in the
Federal Register.
Notification to Importers
This notice serves as a 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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 sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: August 22, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–18438 Filed 8–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty Administrative Review, 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 22, 2019, the
Department of Commerce (Commerce)
published in the Federal Register the
preliminary results of the thirteenth
administrative review of the
AGENCY:
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44859
antidumping duty order on certain
warmwater shrimp from the Socialist
Republic of Vietnam (Vietnam). Based
upon our analysis of the comments
received, we determine that sales by
Fimex VN and Nha Trang Seaproduct
Company were not made below normal
value (NV) during the period of review
(POR) February 1, 2017 through January
31, 2018.
DATES: Applicable August 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, 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) 482–6905.
SUPPLEMENTARY INFORMATION:
Background
On April 22, 2019, Commerce
published the Preliminary Results.1 On
May 22, 2019, Fimex VN 2 and Quang
Minh Seafood Co., Ltd.3 filed case
briefs. On May 28, 2019, the petitioner 4
filed its rebuttal brief.
Scope of the Order 5
The merchandise subject to the Order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States 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. The
written description of the scope of the
Order is dispositive. A full description
of the scope of the Order is available in
the accompanying Issues and Decision
Memorandum.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review;
2017–2018, 84 FR 16648 (April 22, 2019)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 See Fimex VN’s Letter, ‘‘Case Brief,’’ dated May
22, 2019.
3 See Quang Minh Seafood Co., Ltd.’s Letter,
‘‘Case Brief,’’ dated May 22, 2019.
4 Ad Hoc Shrimp Trade Action Committee (the
petitioner). See Petitioner’s Letter, ‘‘Rebuttal Brief,’’
dated May 28, 2019.
5 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (Order).
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Agencies
[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44858-44859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18438]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria:
Rescission of Antidumping Duty Administrative Review; 2018-2019
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 certain carbon
and alloy steel cut-to-length plate from Austria for the period May 1,
2018, through April 30, 2019, based on the timely withdrawal of the
request for review.
DATES: Applicable August 27, 2019.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox, 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) 482-5041.
SUPPLEMENTARY INFORMATION:
[[Page 44859]]
Background
On May 1, 2019, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the antidumping
duty order on certain carbon and alloy steel cut-to-length plate from
Austria for the period May 1, 2018, through April 30, 2019.\1\ On May
31, 2019, voestalpine B[ouml]hler Edelstahl GmbH & Co KG and
voestalpine B[ouml]hler Bleche GmbH & Co KG (collectively,
voestalpine), producers/exporters of certain carbon and alloy steel
cut-to-length plate, filed a timely request for review, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).\2\ Pursuant to this request, and in accordance
with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of voestalpine.\3\ On July 30, 2019,
voestalpine filed a timely withdrawal of request for the administrative
review and a request for rescission of the administrative review.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 18479 (May 1, 2019).
\2\ See voestalpine's Letter, ``Carbon and Alloy Steel Cut-to-
Length Plate from Austria: Request for Antidumping Duty
Administrative Review,'' dated May 31, 2019.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
\4\ See voestalpine's Letter, ``Antidumping Duty Administrative
Review of Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria: Withdrawal of Review Request and Request for Rescission,''
dated July 30, 2019.
---------------------------------------------------------------------------
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. As
noted above, voestalpine, the only party to file a request for review,
withdrew its request by the 90-day deadline. Accordingly, we are
rescinding the administrative review of the antidumping duty order on
certain carbon and alloy steel cut-to-length plate from Austria for the
period May 1, 2018, through April 30, 2019, in its entirety.
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries of certain carbon
and alloy steel cut-to-length plate from Austria. 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 in the Federal
Register.
Notification to Importers
This notice serves as a 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to all parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. 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 sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: August 22, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-18438 Filed 8-26-19; 8:45 am]
BILLING CODE 3510-DS-P