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]

Download as PDF 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 http://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/index.html. 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]


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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.
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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 http://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/index.html. 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\
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    \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).
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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