Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 12080-12081 [2022-04506]

Download as PDF 12080 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Orders and the magnitude of dumping margins likely to prevail if the AD Orders were revoked. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Issues and Decision Memorandum, which 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. In addition, a complete version of the Issues and Decision Memorandum can be found at https:// access.trade.gov/public/FRNotices ListLayout.aspx. Final Results of Sunset Review Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Orders would be likely to lead to continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail would be weighted-average margins up to the following percentages: Weightedaverage margin (percent) Country khammond on DSKJM1Z7X2PROD with NOTICES China .......................................... Mexico ........................................ 60.85 27.16 Notification Regarding Administrative Protective Orders This notice serves as a reminder to 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(a). Timely written notification of the 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. Notification to Interested Parties Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), and VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 777(i)(1) of the Act and 19 CFR 351.221(c)(5)(ii). determinations are due no later than March 25, 2022. Dated: February 24, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Postponement of Preliminary Determinations Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues VII. Final Results of Expedited Sunset Reviews VIII. Recommendation [FR Doc. 2022–04491 Filed 3–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–905; C–523–817; C–542–805; C– 549–845; C–489–847] Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations Enforcement and Compliance International Trade Administration, Department of Commerce. DATES: Applicable March 3, 2022. FOR FURTHER INFORMATION CONTACT: Genevieve Coen (India); Thomas Martin (the Sultanate of Oman); Nathan James (Sri Lanka); Laura Griffith (Thailand); or Benjamin Luberda (the Republic of Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251; (202) 482–3936; (202) 482–5305; (202) 482–6430; or (202) 482–2185, respectively. AGENCY: Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reason for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On February 24, 2022, the petitioner 2 in this investigation submitted a timely request that Commerce postpone the preliminary CVD determinations.3 The petitioner stated that it is requesting a postponement because additional time is needed to develop the records and review responses in order to determine accurate CVD rates.4 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determinations, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to no later than 130 days after the date on which this investigation was initiated, i.e., May 31, 2022.5 Pursuant to section 705(a)(1) of SUPPLEMENTARY INFORMATION: Background On January 19, 2022, the Department of Commerce (Commerce) initiated the countervailing duty (CVD) investigations of imports of certain steel nails (steel nails) from India, the Sultanate of Oman (Oman), Sri Lanka, Thailand, and the Republic of Turkey (Turkey).1 Currently, the preliminary 1 See Certain Steel Nails from India, the Sultanate of Oman, Sri Lanka, Thailand, and the Republic of Turkey: Initiation of Countervailing Duty PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Investigations, 87 FR 3970 (January 26, 2022) (signed on January 19, 2022). 2 The petitioner is Mid Continent Steel & Wire, Inc. 3 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Preliminary Determinations,’’ dated February 24, 2022. 4 Id. at 2. 5 The preliminary determination deadline falls on May 29, 2022, which is a Sunday. The following day is the Memorial Day federal holiday. Commerce’s practice dictates that, where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative E:\FR\FM\03MRN1.SGM 03MRN1 12081 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. DEPARTMENT OF COMMERCE In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on January 10, 2022, Commerce published its affirmative final determination of sales at less than fair value (LTFV) 1 and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of R–125 from China.2 On February 23, 2022, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of R– 125 from China, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.3 International Trade Administration Scope of the Orders [A–570–137; C–570–138] The products covered by these orders are R–125 from China. For a complete description of the scope of the orders, see Appendix I to this notice. Notification to Interested Parties This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: February 25, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–04506 Filed 3–2–22; 8:45 am] BILLING CODE 3510–DS–P Pentafluoroethane (R–125) From the People’s Republic of China: Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on pentafluoroethane (R–125) from the People’s Republic of China (China). DATES: Applicable March 3, 2022. FOR FURTHER INFORMATION CONTACT: Alex Wood (AD) or Adam Simons (CVD), AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1959 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background Antidumping Duty Order On February 23, 2022, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of R–125 from China.4 Therefore, Commerce is issuing this AD order in accordance with sections 735(c)(2) and 736 of the Act. Because the ITC determined that imports of R– 125 from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of R–125 from China. Antidumping duties will be assessed on unliquidated entries of R–125 from China entered, or withdrawn from warehouse, for consumption on or after August 17, 2021, the date of publication of the LTFV Preliminary Determination, but will not be assessed on entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determination, as further described below.5 Continuation of Suspension of Liquidation—AD In accordance with section 736 of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of R–125 from China entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. For each producer and exporter combination, Commerce will also instruct CBP to require cash deposits for estimated antidumping duties equal to the cash deposit rates listed below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as an importer of record would normally deposit estimated duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the cash deposit rates listed below.6 As stated in the LTFV Final Determination, Commerce made certain adjustments for export subsidies from the CVD Final Determination to the estimated weighted-average dumping margins to determine each of the cash deposit rates. Producer Exporter Zhejiang Sanmei Chemical Ind. Co., Ltd ................ Fujian Qingliu Dongying Chemical Ind. Co., Ltd .... Zhejiang Sanmei Chemical Ind. Co., Ltd ............... Zhejiang Sanmei Chemical Ind. Co., Ltd ............... Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 1 See Pentafluoroethane (R–125) from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 87 FR 1117 (January 10, 2022) (LTFV Final Determination). VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 2 See Pentafluoroethane (R–125) from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 87 FR 1110 (January 10, 2022) (CVD Final Determination). 3 See ITC’s Letter, Notification of ITC Final Determinations, dated February 23, 2022 (ITC Notification). 4 Id. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) 277.95 277.95 267.41 267.41 5 See Pentafluoroethane (R–125) from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 45959 (August 17, 2021) (LTFV Preliminary Determination). 6 See section 736(a)(3) of the Act. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12080-12081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04506]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-905; C-523-817; C-542-805; C-549-845; C-489-847]


Certain Steel Nails From India, the Sultanate of Oman, Sri Lanka, 
Thailand, and the Republic of Turkey: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations

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

DATES: Applicable March 3, 2022.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen (India); Thomas Martin 
(the Sultanate of Oman); Nathan James (Sri Lanka); Laura Griffith 
(Thailand); or Benjamin Luberda (the Republic of Turkey), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3251; (202) 482-3936; 
(202) 482-5305; (202) 482-6430; or (202) 482-2185, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 19, 2022, the Department of Commerce (Commerce) 
initiated the countervailing duty (CVD) investigations of imports of 
certain steel nails (steel nails) from India, the Sultanate of Oman 
(Oman), Sri Lanka, Thailand, and the Republic of Turkey (Turkey).\1\ 
Currently, the preliminary determinations are due no later than March 
25, 2022.
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    \1\ See Certain Steel Nails from India, the Sultanate of Oman, 
Sri Lanka, Thailand, and the Republic of Turkey: Initiation of 
Countervailing Duty Investigations, 87 FR 3970 (January 26, 2022) 
(signed on January 19, 2022).
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Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, section 703(c)(1) of the Act permits 
Commerce to postpone the preliminary determination until no later than 
130 days after the date on which Commerce initiated the investigation 
if: (A) The petitioner makes a timely request for a postponement; or 
(B) Commerce concludes that the parties concerned are cooperating, that 
the investigation is extraordinarily complicated, and that additional 
time is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reason for the request. Commerce will grant the 
request unless it finds compelling reasons to deny the request.
    On February 24, 2022, the petitioner \2\ in this investigation 
submitted a timely request that Commerce postpone the preliminary CVD 
determinations.\3\ The petitioner stated that it is requesting a 
postponement because additional time is needed to develop the records 
and review responses in order to determine accurate CVD rates.\4\
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    \2\ The petitioner is Mid Continent Steel & Wire, Inc.
    \3\ See Petitioner's Letter, ``Petitioner's Request for 
Postponement of Preliminary Determinations,'' dated February 24, 
2022.
    \4\ Id. at 2.
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    In accordance with 19 CFR 351.205(e), the petitioner has stated the 
reasons for requesting a postponement of the preliminary 
determinations, and Commerce finds no compelling reason to deny the 
request. Therefore, in accordance with section 703(c)(1)(A) of the Act, 
Commerce is postponing the deadline for the preliminary determinations 
to no later than 130 days after the date on which this investigation 
was initiated, i.e., May 31, 2022.\5\ Pursuant to section 705(a)(1) of

[[Page 12081]]

the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determinations of these investigations will continue to be 75 days 
after the date of the preliminary determinations.
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    \5\ The preliminary determination deadline falls on May 29, 
2022, which is a Sunday. The following day is the Memorial Day 
federal holiday. Commerce's practice dictates that, where a deadline 
falls on a weekend or federal holiday, the appropriate deadline is 
the next business day. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).
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Notification to Interested Parties

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04506 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-DS-P