Information Collection Requirement; Covered Defense Telecommunications Equipment or Services; Request for OMB Emergency Clearance; Comment Request, 69362-69363 [2019-27170]
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69362
Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
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 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/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Bona Fides Analysis
We preliminarily found that Fuyang’s
sale of subject merchandise to the
United States during the POR is not a
bona fide sale.3 After analyzing parties’
comments, we continue to find that
Fuyang’s sale is not a bona fide sale. We
reached this conclusion based on
multiple issues, including: (a) The
atypical nature of both the price and
quantity of the sale; (b) factors calling
into question whether the sale was
made at arm’s-length; and (c) other
relevant factors.
Because we have determined that
Fuyang 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 Fuyang. Fuyang remains part
of the China-wide entity and entries of
its subject merchandise during the POR
will be assessed antidumping duties at
the China-wide entity rate. The Chinawide entity rate is 139.49 percent.
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Cash Deposit Requirements
As noted above, Commerce is
rescinding this administrative review.
Thus, we have not calculated a
company-specific dumping margin for
Fuyang. Therefore, entries of Fuyang’s
Order on Silicon Metal from the People’s Republic
of China; 2017–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘2017–2018 Antidumping
Duty Administrative Review of Silicon Metal from
the People’s Republic of China: Preliminary Bona
Fide Sales Analysis for Yunnan Fuyang Trade Co.,
Ltd.,’’ dated August 6, 2019.
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16:40 Dec 17, 2019
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subject merchandise continue to be
subject to the China-wide entity cash
deposit rate of 139.49 percent. This cash
deposit requirement shall remain in
effect until further notice.
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 Commerce’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: December 11, 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: Whether Fuyang’s Sole U.S.
Sale During the Period of Review is Bona
Fide
i. Whether Sale Price Weighs in Favor of
Finding Fuyang’s Sale Was Not Bona
Fide
ii. Whether Sale Quantity Weighs in Favor
of Finding Fuyang’s Sale Was Not Bona
Fide
iii. Whether Sale Timing Weighs in Favor
of Finding Fuyang’s Sale Was Not Bona
Fide
iv. Whether the Goods were Resold at a
Profit
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v. Whether the Sale was Made on an
Arm’s-Length Basis
vi. Other Relevant Factors
V. Recommendation
[FR Doc. 2019–27264 Filed 12–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2019–0063]
Information Collection Requirement;
Covered Defense Telecommunications
Equipment or Services; Request for
OMB Emergency Clearance; Comment
Request
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice.
AGENCY:
DoD is requesting the Office
of Management and Budget provide
emergency clearance of collections of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by January 17, 2020.
SUPPLEMENTARY INFORMATION: DoD is
requesting the Office of Management
and Budget (OMB) provide emergency
clearance of collections of information
associated with an interim rule to be
published in the Federal Register under
the title ‘‘Covered Defense
Telecommunications Equipment or
Services (DFARS Case 2018–D022).’’
Consistent with 5 CFR 1320.13, DoD
has determined the following conditions
have been met:
a. The collection of information is
needed prior to the expiration of time
periods normally associated with a
routine submission for review under the
provisions of the Paperwork Reduction
Act in view of the restrictions imposed
by section 1656 of the National Defense
Authorization Act (NDAA) for Fiscal
year (FY) 2018 (Pub. L. 115–91), which
was signed into law on December 12,
2017. Subsequently, section 889(a)(1)(A)
of the NDAA for FY 2019 (Pub. L. 115–
232), was signed into law on August 13,
2018, and established a similar
Governmentwide prohibition. The
interim DFARS rule implements the
section 1656 and DoD-specific
procedures associated with the section
889(a)(1)(A) prohibitions for DoD, and is
structured to align with and supplement
the higher-level Federal Acquisition
Regulation (FAR) implementation of the
section 889(a)(1)(A) Governmentwide
prohibition. Immediate action is
SUMMARY:
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
required to implement the requirements
of the statutes for DoD.
b. This collection of information is
essential to DoD’s mission by ensuring
that DoD does not procure prohibited
articles. Section 1656 provides that DoD
may not procure or obtain, or extend or
renew a contract to procure or obtain,
any equipment, system, or service to
carry out the DoD nuclear deterrence or
homeland defense missions that uses
covered defense telecommunications
equipment or services as a substantial or
essential component of any system or as
a critical technology as a part of any
system.
c. DoD must be able to rely on the
integrity and security of equipment that
is critical to the DoD nuclear deterrence
and homeland defense missions. The
use of normal clearance procedures
would prevent the collection of
information from contractors in an
expeditious manner with respect to
national security functions of the United
States.
d. DoD cannot comply with normal
clearance procedures, because public
harm is reasonably likely if current
clearance procedures are followed. Not
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16:40 Dec 17, 2019
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only would DoD components be likely
to purchase and install prohibited items,
agencies could incur substantial
additional costs replacing such items, as
well as additional administrative costs
for replacement.
DoD is requesting OMB provide
emergency clearance for collection of
the required information for a period of
six months. Public comments on the
information collection will be requested
in the interim rule, which will be
published in the Federal Register.
ACTION:
69363
Arms sales notice.
The Department of Defense is
publishing the unclassified text of an
arms sales notification.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Karma Job at karma.d.job.civ@mail.mil
or (703) 697–8976.
BILLING CODE 6820–ep–P
This
36(b)(5)(C) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
House of Representatives, Transmittal
19–0K with attached Policy Justification
and Sensitivity of Technology.
DEPARTMENT OF DEFENSE
Aaron T. Siegel,
Office of the Secretary
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2019–27170 Filed 12–17–19; 8:45 am]
SUPPLEMENTARY INFORMATION:
Dated: December 12, 2019.
BILLING CODE 5001–06–P
[Transmittal No. 19–0K]
Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense.
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69362-69363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27170]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2019-0063]
Information Collection Requirement; Covered Defense
Telecommunications Equipment or Services; Request for OMB Emergency
Clearance; Comment Request
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: DoD is requesting the Office of Management and Budget provide
emergency clearance of collections of information under the provisions
of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by January
17, 2020.
SUPPLEMENTARY INFORMATION: DoD is requesting the Office of Management
and Budget (OMB) provide emergency clearance of collections of
information associated with an interim rule to be published in the
Federal Register under the title ``Covered Defense Telecommunications
Equipment or Services (DFARS Case 2018-D022).''
Consistent with 5 CFR 1320.13, DoD has determined the following
conditions have been met:
a. The collection of information is needed prior to the expiration
of time periods normally associated with a routine submission for
review under the provisions of the Paperwork Reduction Act in view of
the restrictions imposed by section 1656 of the National Defense
Authorization Act (NDAA) for Fiscal year (FY) 2018 (Pub. L. 115-91),
which was signed into law on December 12, 2017. Subsequently, section
889(a)(1)(A) of the NDAA for FY 2019 (Pub. L. 115-232), was signed into
law on August 13, 2018, and established a similar Governmentwide
prohibition. The interim DFARS rule implements the section 1656 and
DoD-specific procedures associated with the section 889(a)(1)(A)
prohibitions for DoD, and is structured to align with and supplement
the higher-level Federal Acquisition Regulation (FAR) implementation of
the section 889(a)(1)(A) Governmentwide prohibition. Immediate action
is
[[Page 69363]]
required to implement the requirements of the statutes for DoD.
b. This collection of information is essential to DoD's mission by
ensuring that DoD does not procure prohibited articles. Section 1656
provides that DoD may not procure or obtain, or extend or renew a
contract to procure or obtain, any equipment, system, or service to
carry out the DoD nuclear deterrence or homeland defense missions that
uses covered defense telecommunications equipment or services as a
substantial or essential component of any system or as a critical
technology as a part of any system.
c. DoD must be able to rely on the integrity and security of
equipment that is critical to the DoD nuclear deterrence and homeland
defense missions. The use of normal clearance procedures would prevent
the collection of information from contractors in an expeditious manner
with respect to national security functions of the United States.
d. DoD cannot comply with normal clearance procedures, because
public harm is reasonably likely if current clearance procedures are
followed. Not only would DoD components be likely to purchase and
install prohibited items, agencies could incur substantial additional
costs replacing such items, as well as additional administrative costs
for replacement.
DoD is requesting OMB provide emergency clearance for collection of
the required information for a period of six months. Public comments on
the information collection will be requested in the interim rule, which
will be published in the Federal Register.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2019-27170 Filed 12-17-19; 8:45 am]
BILLING CODE 6820-ep-P
