Certain Tool Chests and Cabinets From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2017-2018, 54115-54116 [2019-22071]
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
of this order, ‘‘nickel-based alloys’’
include all nickel alloys with other
metals in which nickel accounts for at
least 80 percent of the alloy by volume.
Imports of merchandise included in
the scope of this order are classified
primarily under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7212.50.0000 and
7210.90.6000, but may also be classified
under HTSUS subheadings
7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020,
7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.90.0010,
7220.90.0015, 7225.99.0090, or
7226.99.0180. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or a recurrence of dumping
and of material injury to an industry in
the United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection (CBP) will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise. The
effective date of the continuation of the
Order will be the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year review of the
Order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
Administrative Protective Order
khammond on DSKJM1Z7X2PROD with NOTICES
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
This five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and (d)(2) of the Act and
published in accordance with section
777(i) of the Act, and 19 CFR
351.218(f)(4).
VerDate Sep<11>2014
17:13 Oct 08, 2019
Jkt 250001
54115
Dated: October 2, 2019.
P. Lee Smith
Deputy Assistant Secretary for Policy and
Negotiations Enforcement and Compliance.
administrative review of the Order with
regard to Geelong.5 On April 1, 2019, we
published a notice of initiation for this
administrative review.6
[FR Doc. 2019–22055 Filed 10–8–19; 8:45 am]
Scope of the Order
The scope of the Order covers tool
chests from China. A full description of
the scope of the Order is contained in
the Preliminary Decision
Memorandum.7
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Zhongshan Geelong Manufacturing
Co. Ltd. (Geelong), the sole producer
subject to this administrative review of
certain tool chests and cabinets (tool
chests) from the People’s Republic of
China (China) received countervailable
subsidies during the period of review
(POR), September 15, 2017 through
December 31, 2018. Interested parties
are invited to comment on these
preliminary results of review.
DATES: Applicable October 9, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 24, 2018, Commerce
published the countervailing duty
(CVD) order on tool chests from China.1
On February 8, 2019, we published a
notice of opportunity to request an
administrative review of the Order for
the POR.2 On February 28, 2019, we
received timely requests from Geelong 3
and Home Depot 4 to conduct an
1 See Certain Tool Chests and Cabinets from the
People’s Republic of China: Countervailing Duty
Order, 83 FR 3299 (January 24, 2018) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816, 2817
(February 8, 2019).
3 See Geelong’s Letter, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Tool
Chests and Cabinets from the People’s Republic of
China: Request for Review,’’ dated February 28,
2019.
4 See Home Depot’s Letter, ‘‘Administrative
Review of the Countervailing Duty Order on Certain
Tool Chests and Cabinets from the People’s
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.8 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
A list of topics included in the
Preliminary Decision Memorandum is
provided in the appendix to this notice.
The Preliminary 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
Republic of China: Request for Review,’’ dated
February 28, 2019.
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200, 12206 (April 1, 2019) (Initiation Notice). The
parties requested reviews of Geelong, Geelong Sales
(MCO) Ltd. (MCO), and Geelong Sales Co.
International (HK) Ltd. However, neither of the
latter two companies produce subject merchandise
and we preliminarily determine that neither of
these two companies received any subsidies. See
‘‘Decision Memorandum for the Preliminary Results
of the Administrative Review of the Countervailing
Duty Order on Certain Tool Chests and Cabinets
from the People’s Republic of China; 2017–2018,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum) at
‘‘Attribution of Subsidies.’’ MCO, an affiliate of
Geelong located in Macau, exports the subject
merchandise Geelong produces to the United States.
See Letter, ‘‘Administrative Review of the
Countervailing Duty Order on Certain Tool Chests
and Cabinets from the People’s Republic of China:
First Supplemental Questionnaire Response,’’ dated
May 10, 2019, at Exhibit SQl-1.
6 See Initiation Notice, 84 FR at 12206.
7 See Preliminary Decision Memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and, section 771(5A)
of the Act regarding specificity.
E:\FR\FM\09OCN1.SGM
09OCN1
54116
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
Preliminary Results of Review
We preliminarily find that the
following net countervailable subsidy
rates exist for the sole respondent,
Geelong, for the period September 15,
2017 through December 31, 2018:
Company
Subsidy rate–
2017
(percent ad
valorem)
Subsidy rate–
2018
(percent ad
valorem)
Zhongshan Geelong Manufacturing Co. Ltd. ..........................................................................................................
1.27
1.15
Assessment Rates
Upon issuance of the final results of
this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue assessment instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, we intend, upon publication of the
final results, to instruct CBP to collect
cash deposits of estimated CVDs, in the
amounts indicated above for Geelong,
on shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
khammond on DSKJM1Z7X2PROD with NOTICES
of the Preliminary Decision
Memorandum are identical in content.
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.9 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue, (2) a brief summary of the
argument, and (3) a table of
authorities.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
9 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
10 See
VerDate Sep<11>2014
17:13 Oct 08, 2019
Jkt 250001
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.11
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date. Unless the deadline is
extended, pursuant to section
751(a)(3)(A) of the Act, we intend to
issue the final results of this
administrative review, including the
results of our analysis of the issues
raised by the parties in their case briefs,
no later than 120 days after the date of
publication of this notice.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China’s Economy
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
11 See
PO 00000
19 CFR 351.310(c).
Frm 00015
Fmt 4703
Sfmt 4703
IX. Conclusion
[FR Doc. 2019–22071 Filed 10–8–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request;
Papaha¯naumokua¯kea Marine National
Monument Permit Application and
Reports for Permits
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995.
DATES: To ensure consideration, written
or on-line comments must be submitted
on or before December 9, 2019.
ADDRESSES: Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or at
PRAcomments@doc.gov). All comments
received are part of the public record.
Comments will generally be posted
without change. All Personally
Identifiable Information (for example,
name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Justin Rivera,
Papaha¯naumokua¯kea Marine National
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54115-54116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22071]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-057]
Certain Tool Chests and Cabinets From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Zhongshan Geelong Manufacturing Co. Ltd. (Geelong), the sole
producer subject to this administrative review of certain tool chests
and cabinets (tool chests) from the People's Republic of China (China)
received countervailable subsidies during the period of review (POR),
September 15, 2017 through December 31, 2018. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable October 9, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2018, Commerce published the countervailing duty
(CVD) order on tool chests from China.\1\ On February 8, 2019, we
published a notice of opportunity to request an administrative review
of the Order for the POR.\2\ On February 28, 2019, we received timely
requests from Geelong \3\ and Home Depot \4\ to conduct an
administrative review of the Order with regard to Geelong.\5\ On April
1, 2019, we published a notice of initiation for this administrative
review.\6\
---------------------------------------------------------------------------
\1\ See Certain Tool Chests and Cabinets from the People's
Republic of China: Countervailing Duty Order, 83 FR 3299 (January
24, 2018) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 2816, 2817 (February 8, 2019).
\3\ See Geelong's Letter, ``Administrative Review of the
Countervailing Duty Order on Certain Tool Chests and Cabinets from
the People's Republic of China: Request for Review,'' dated February
28, 2019.
\4\ See Home Depot's Letter, ``Administrative Review of the
Countervailing Duty Order on Certain Tool Chests and Cabinets from
the People's Republic of China: Request for Review,'' dated February
28, 2019.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 12200, 12206 (April 1, 2019)
(Initiation Notice). The parties requested reviews of Geelong,
Geelong Sales (MCO) Ltd. (MCO), and Geelong Sales Co. International
(HK) Ltd. However, neither of the latter two companies produce
subject merchandise and we preliminarily determine that neither of
these two companies received any subsidies. See ``Decision
Memorandum for the Preliminary Results of the Administrative Review
of the Countervailing Duty Order on Certain Tool Chests and Cabinets
from the People's Republic of China; 2017-2018,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum) at ``Attribution of Subsidies.'' MCO, an affiliate of
Geelong located in Macau, exports the subject merchandise Geelong
produces to the United States. See Letter, ``Administrative Review
of the Countervailing Duty Order on Certain Tool Chests and Cabinets
from the People's Republic of China: First Supplemental
Questionnaire Response,'' dated May 10, 2019, at Exhibit SQl-1.
\6\ See Initiation Notice, 84 FR at 12206.
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order covers tool chests from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\8\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is provided in the
appendix to this notice.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and, section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Preliminary 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
is available to all parties in the Central Records Unit, room B8024 of
the main Commerce building. In addition, a
[[Page 54116]]
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We preliminarily find that the following net countervailable
subsidy rates exist for the sole respondent, Geelong, for the period
September 15, 2017 through December 31, 2018:
------------------------------------------------------------------------
Subsidy rate- Subsidy rate-
2017 (percent 2018 (percent
Company ad valorem) ad valorem)
------------------------------------------------------------------------
Zhongshan Geelong Manufacturing Co. 1.27 1.15
Ltd..................................
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries covered
by this review. We intend to issue assessment instructions to CBP 15
days after publication of the final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, we intend, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated CVDs, in the amounts indicated above for Geelong,
on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\9\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue, (2) a brief summary of the argument, and (3) a
table of authorities.\10\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\11\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date. Unless the
deadline is extended, pursuant to section 751(a)(3)(A) of the Act, we
intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised by the
parties in their case briefs, no later than 120 days after the date of
publication of this notice.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: October 3, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2019-22071 Filed 10-8-19; 8:45 am]
BILLING CODE 3510-DS-P
