80 FR 21209 - 53-Foot Domestic Dry Containers From the People's Republic of China: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 74 (April 17, 2015)
International Trade Administration
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21209-21212 | |
| FR Document | 2015-08904 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Notices] [Pages 21209-21212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08904] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-015] 53-Foot Domestic Dry Containers From the People's Republic of China: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of 53-foot domestic dry containers (domestic dry containers) from the People's Republic of China (PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. DATES: Effective: April 17, 2015. FOR FURTHER INFORMATION CONTACT: Yasmin Nair, David Cordell (Singamas), or Ilissa Shefferman (CIMC), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813, (202) 482-0408 or (202) 482-4684, respectively. SUPPLEMENTARY INFORMATION: Background On September 29, 2014, the Department published the preliminary determination of the countervailing duty (CVD) investigation of domestic dry containers from the PRC in the Federal Register.\1\ On September 30, [[Page 21210]] 2014, China International Marine Containers (Group) Co., Ltd., Guangdong Xinhui CIMC Special Transportation Equipment Co., Ltd., Nantong CIMC-Special Transportation Equipment Manufacture Co., Ltd., Qingdao CIMC Container Manufacture Co., Ltd., Xinhui CIMC Wood Co., Ltd., and Xinhui CIMC Container Co., Ltd. (collectively ``CIMC'') submitted ministerial error comments regarding the Preliminary Determination. On October 9, 2014, the Department responded to these comments, stating that the issues raised by CIMC were methodological in nature and did not constitute ministerial errors within the meaning of the Department's regulations.\2\ --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China: Preliminary Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 79 FR 58320 (September 29, 2014) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum to Richard Weible, Director, Office VI, AD/ CVD Operations, Enforcement and Compliance, ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China: Allegation of a Ministerial Error in the Preliminary Determination,'' dated October 9, 2014, at 3. --------------------------------------------------------------------------- On November 6, 2014, the Department issued a post-preliminary analysis with respect to CIMC, as well as Hui Zhou Pacific Container Co., Ltd., Qingdao Pacific Container Co., Ltd., and Qidong Singamas Energy Equipment Co., Ltd. (collectively, ``Singamas'').\3\ --------------------------------------------------------------------------- \3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Countervailing Duty (CVD) Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China (PRC): Post-Preliminary Analysis Memorandum,'' dated November 6, 2014. --------------------------------------------------------------------------- Between November 12, 2014 and November 19, 2014, the Department conducted onsite verification of CIMC's, Singamas's and the Government of the People's Republic of China's (GOC) questionnaire responses.\4\ --------------------------------------------------------------------------- \4\ See Memoranda to Richard Weible, Director, Office VI, AD/CVD Operations, Enforcement and Compliance, entitled ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China (PRC): Verification Report of China International Marine Containers (Group) Co., Ltd. (CIMC Group) and its cross-owned affiliates CIMC Containers Holding Co., Ltd. (CIMC Holding); CIMC Wood Development Co., Ltd. (CIMC Wood); Guangdong Xinhui CIMC Special Transportation Equipment Co., Ltd. (Xinhui Special); Qingdao CIMC Containers Manufacture Co., Ltd. (Qingdao CIMC); Nantong CIMC-Special Transportation Equipment Manufacture Co., Ltd. (Nantong CIMC); Xinhui CIMC Container Co., Ltd. (Xinhui Container); and Xinhui CIMC Wood Co., Ltd. (Xinhui Wood) (collectively, CIMC),'' dated January 14, 2015; ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China (PRC): Verification Report of Hui Zhou Pacific Container Co., Ltd. (HPCL), Qingdao Pacific Container Co., Ltd., (QPCL) and Qidong Singamas Energy Equipment Co., Ltd., (QSCL) and their holding company, Singamas Container Holdings Limited (SCHL) (collectively, ``Singamas''),'' dated December 22, 2014; and ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China (PRC): Verification Report of the Government of the People's Republic of China (GOC),'' dated December 22, 2014. --------------------------------------------------------------------------- On February 6, 2015, CIMC, Singamas and its holding company, Singamas Container Holdings Limited (Singamas Holding); the GOC; Petitioner; and Crowley Maritime Corporation and Crowley Liner Services, Inc. and Sea Star Line, LLC (hereafter, collectively, ``Crowley'') filed case briefs. On February 12, 2015, CIMC, Singamas, Singamas Holding, the GOC, Petitioner, Crowley, and J.B. Hunt Transport, Inc. (J.B. Hunt) timely filed rebuttal briefs. Pursuant to the Department's request, Crowley and Petitioner filed additional scope comments to the record of this proceeding.\5\ --------------------------------------------------------------------------- \5\ On April 2, 2015, the Department instructed all interested parties to this investigation that filed scope comments on the record of the companion AD investigation to file those comments and rebuttals on the record of this instant investigation. --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is January 1, 2013, through December 31, 2013. Scope Comments The Department received comments regarding the scope of this investigation from interested parties. As detailed in the accompanying Issues and Decision Memorandum,\6\ we have not made any changes to the scope. --------------------------------------------------------------------------- \6\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers from the People's Republic of China: Issues & Decision Memorandum for the Final Determination,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport \7\ of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ``instruments of international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under subheading 9803.00.50, HTSUS. For a complete description of the scope of the investigation, see Appendix II to this notice. --------------------------------------------------------------------------- \7\ ``Intermodal transport'' refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-the-road transportation and on a rail car for rail transportation. --------------------------------------------------------------------------- Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum, which is hereby incorporated in, and adopted by, this notice.\8\ This memorandum also details the changes we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondents and all other producers/exporters. 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 http:\\access.trade.gov, and is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:\\enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues that parties have raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix I. --------------------------------------------------------------------------- \8\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Use of Facts Otherwise Available, Including Adverse Inferences For purposes of this final determination, the Department relied, in part, on facts available and, because one or more respondents did not act to the best of their ability in responding to the Department's requests for information, drew an adverse inference where appropriate in selecting from among the facts otherwise available.\9\ For further information, see the section ``Use of Facts Otherwise Available and Adverse Inferences,'' in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \9\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- [[Page 21211]] Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to CIMC's and Singamas's subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memoranda, all dated concurrently with this notice.\10\ --------------------------------------------------------------------------- \10\ See Memorandum to Angelica Townshend, Program Manager, from Ilissa Kabak Shefferman, International Trade Compliance Analyst, entitled ``Countervailing Duty Investigation of 53-Foot Domestic Dry Containers (Domestic Dry Containers) from the People's Republic of China: Final Determination Calculations for CIMC,'' dated April 10, 2015; and Memorandum to Angelica Townshend, Program Manager, from David Cordell, International Trade Compliance Analyst, entitled '' Countervailing Duty Investigation of 53-Foot Domestic Dry Containers (Domestic Dry Containers) from the People's Republic of China: Final Determination Calculations for Singamas,'' dated April 10, 2015. --------------------------------------------------------------------------- Final Determination For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution and benefit within the meaning of section 771(5) of the Act, and that the subsidy is specific within the meaning of section 771(5A) of the Act. For further analysis, see the Issues and Decision Memorandum. We determine the total estimated net countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy rate Exporter/producer (%) ------------------------------------------------------------------------ CIMC.................................................... 28.00 Singamas................................................ 17.13 All-Others.............................................. 22.57 ------------------------------------------------------------------------ Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of domestic dry containers from the PRC that were entered or withdrawn from warehouse, for consumption on or after September 29, 2014, the date of publication of the Preliminary Determination in the Federal Register.\11\ In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after January 27, 2015, but to continue the suspension of liquidation of all entries from September 29, 2014, through January 26, 2015. --------------------------------------------------------------------------- \11\ See Preliminary Determination, 79 FR at 58321. --------------------------------------------------------------------------- In accordance with section 705(c)(1)(B)(i) of the Act, we calculated individual estimated countervailable subsidy rates for the individually-investigated producers/exporters of the subject merchandise, CIMC and Singamas. Section 705(c)(5)(A)(i) of the Act states that for companies not individually investigated, we will determine an ``all-others'' rate equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable rates, and any rates determined entirely under section 776 of the Act. As described above, neither of the mandatory respondents' subsidy rates was zero or de minimis or was calculated entirely under section 776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ``all-others'' rate by weight averaging the rates of the two individually investigated respondents, because doing so risks disclosure of proprietary information. Therefore, for the ``all-others'' rate, we calculated a simple average of the rates of CIMC and Singamas. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of our final affirmative CVD determination. Because the final determination in this proceeding is affirmative, the ITC will make its final determination, in accordance with section 705(b)(2)(B) of the Act, as to whether the domestic industry in the United States is materially injured or threatened with material injury, or whether the establishment of an industry in the United States is materially retarded, by reason of imports of domestic dry containers from the PRC no later than 45 days after our final determination. If the ITC issues a final affirmative injury determination, we will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated CVDs for appropriate entries of merchandise in the amounts indicated above. If the ITC determines that material injury, threat of material injury, or material retardation of the establishment of an industry does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. We are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to APOs of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. This determination and notice are issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: April 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Application of the Countervailing Duty Law to Importers From the PRC VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Comments CIMC Issues Comment 1: The Department should correct the Ad Valorem subsidy rate with respect to loans that CIMC received during the POI from the China Export-Import Bank Comment 2: Whether CIMC is a State owned enterprise (SOE) such that it could benefit from the loans to SOEs program Comment 3: Whether the CIMC Preferential Lending to SOEs loan program is specific Comment 4: Whether the Department should apply adverse facts available in calculating the benefit CIMC received under the preferential lending to SOEs program [[Page 21212]] Singamas Issues Comment 5: The sales e value to be used as denominators to calculate subsidy rates with respect to Singamas Overlapping Issues Comment 6: Hot-Rolled Steel Sheet and Plate Less than Adequate Remuneration (LTAR) and whether the Department should reverse its findings regarding the hot-rolled LTAR benchmark. (A) Whether the Department should use domestic Chinese steel prices on the record to determine whether the GOC provided hot- rolled steel for LTAR. (B) Whether the Department properly found that ``authorities'' provided a benefit in the form of the provision of a good for LTAR (C) Whether the Department properly found ``Specificity'' (D) Benchmarks and calculation of benefit Comment 7: Export Buyer's Credits Program Comment 8: Scope Exclusion Request VIII. Recommendation Appendix II Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport \12\ of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). The merchandise is known in the industry by varying terms including ``53-foot containers,'' ``53-foot dry containers,'' ``53-foot domestic dry containers,'' ``domestic dry containers'' and ``domestic containers.'' These terms all describe the same article with the same design and performance characteristics. Notwithstanding the particular terminology used to describe the merchandise, all merchandise that meets the definition set forth herein is included within the scope of this investigation. --------------------------------------------------------------------------- \12\ ``Intermodal transport'' refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-the-road transportation and on a rail car for rail transportation. --------------------------------------------------------------------------- Domestic containers generally meet the characteristic for closed van containers for domestic intermodal service as described in the American Association of Railroads (AAR) Manual of Standards and Recommended Practices Intermodal Equipment Manual Closed Van Containers for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube containers. The AAR Specifications generally define design, performance and testing requirements for closed van containers, but are not dispositive for purposes of defining subject merchandise within this scope definition. Containers which may not fall precisely within the AAR Specifications or any successor equivalent specifications are included within the scope definition of the subject merchandise if they have the exterior dimensions referenced below, are suitable for use in intermodal transportation, are capable of and suitable for double-stacking \13\ in intermodal transportation, and otherwise meet the scope definition for the subject merchandise. --------------------------------------------------------------------------- \13\ ``Double-stacking'' refers to two levels of intermodal containers on a rail car, one on top of the other. --------------------------------------------------------------------------- Domestic containers have the following actual exterior dimensions: An exterior length exceeding 14.63 meters (48 feet) but not exceeding 16.154 meters (53 feet); an exterior width of between 2.438 meters and 2.60 meters (between 8 feet and 8 feet 6\3/8\ inches); and an exterior height of between 2.438 meters and 2.908 meters (between 8 feet and 9 feet 6\1/2\ inches), all subject to tolerances as allowed by the AAR Specifications. In addition to two frames (one at either end of the container), the domestic containers within the scope definition have two stacking frames located equidistant from each end of the container, as required by the AAR Specifications. The stacking frames have four upper handling fittings and four bottom dual aperture handling fittings, placed at the respective corners of the stacking frames. Domestic containers also have two forward facing fittings at the front lower corners and two downward facing fittings at the rear lower corners of the container to facilitate chassis interface. All domestic containers as described herein are included within this scope definition, regardless of whether the merchandise enters the United States in a final, assembled condition, or as an unassembled kit or substantially complete domestic container which requires additional manipulation or processing after entry into the United States to be made ready for use as a domestic container. The scope of this investigation excludes the following items: (1) Refrigerated containers; (2) trailers, where the cargo box and rear wheeled chassis are of integrated construction, and the cargo box of the unit may not be separated from the chassis for further intermodal transport; (3) container chassis, whether or not imported with domestic containers, but the domestic containers remain subject merchandise, to the extent they meet the written description of the scope. Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ``instruments of international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise as set forth herein is dispositive. [FR Doc. 2015-08904 Filed 4-16-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21209
contained in the Issues and Decision Customs and Border Protection (CBP) information disclosed under APO in
Memorandum.4 shall assess, antidumping duties on all accordance with 19 CFR 351.305(a)(3).
appropriate entries covered by this Timely written notification of the return
Ministerial Error
review. For customers or importers of or destruction of APO materials or
Section 751(h) of the Tariff Act of Jiangsu RC for which we do not have conversion to judicial protective order is
1930, as amended (Act), and 19 CFR entered value, we calculated customer- hereby requested. Failure to comply
351.224(f) define a ‘‘ministerial error’’ as /importer-specific antidumping duty with the regulations and terms of an
an error ‘‘in addition, subtraction, or assessment amounts based on the ratio APO is a sanctionable violation.
other arithmetic function, clerical error of the total amount of dumping duties These amended final results of review
resulting from inaccurate copying, calculated for the examined sales of are issued and published in accordance
duplication, or the like, and any similar subject merchandise to the total sales with section 751(h) of the Tariff Act of
type of unintentional error which the quantity of those same sales. For 1930 Act and 19 CFR 351.224(f).
Secretary considers ministerial.’’ We customers or importers of Jiangsu RC for Dated: April 10, 2015.
have analyzed Jiangsu RC’s ministerial which we received entered-value Ronald K. Lorentzen,
error comments and have determined, information, we have calculated Acting Assistant Secretary for Enforcement
in accordance with section 751(h) of the customer/importer-specific and Compliance.
Act and 19 CFR 351.224(e), that we antidumping duty assessment rates [FR Doc. 2015–08894 Filed 4–16–15; 8:45 am]
made ministerial errors in our based on customer/importer-specific ad BILLING CODE 3510–DS–P
calculations for the Final Results. For valorem rates in accordance with 19
the Final Results, the Department CFR 351.212(b)(1).
identified and valued five labor inputs The Department announced a DEPARTMENT OF COMMERCE
to use in calculating the surrogate value refinement to its assessment practice in
for Jiangsu RC.5 In calculating the NME cases. Pursuant to this refinement International Trade Administration
surrogate value, the Department in practice, for entries that were not [C–570–015]
inadvertently double-counted two of reported in the U.S. sales databases
these five labor inputs.6 submitted by companies individually 53-Foot Domestic Dry Containers From
In accordance with section 751(h) of examined during this review, including, the People’s Republic of China: Final
the Act and 19 CFR 351.224(e), we are in this case, Suzhou Guoxin Group Affirmative Countervailing Duty
amending the Final Results. The revised Wang Shun Imp. and Exp. Co., Ltd. Determination
weighted-average dumping margins are (Guoxin) and Winnsen Industry Co.,
detailed below. Ltd. (Winnsen), the Department will AGENCY: Enforcement and Compliance,
instruct CBP to liquidate such entries at International Trade Administration,
Amended Final Results of Review Commerce.
the revised PRC-wide rate of 189.81
As a result of correcting this percent.8 In addition, for companies for SUMMARY: The Department of Commerce
ministerial error, we determine that the which the Department determined that (the Department) determines that
following weighted-average dumping the exporter under review had no countervailable subsidies are being
margins exist for the POR: 7 shipments of the subject merchandise, provided to producers and exporters of
any suspended entries that entered 53-foot domestic dry containers
Weighted- under that exporter’s case number (i.e., (domestic dry containers) from the
average People’s Republic of China (PRC) as
Exporter dumping at that exporter’s rate) will be liquidated
margin at the PRC-wide rate. We intend to issue provided in section 705 of the Tariff Act
(percent) assessment instructions to CBP 15 days of 1930, as amended (the Act). For
after the date of publication of these information on the estimated subsidy
Jiangsu RC Import & Export Co.,
amended final results of review. rates, see the ‘‘Final Determination’’
Ltd ........................................... 189.81 section of this notice.
PRC-wide Rate ........................... 189.81 Notification DATES: Effective: April 17, 2015.
This notice serves as a final reminder FOR FURTHER INFORMATION CONTACT:
Disclosure Yasmin Nair, David Cordell (Singamas),
to importers of their responsibility
We will disclose the calculations under 19 CFR 351.402(f)(2) to file a or Ilissa Shefferman (CIMC), AD/CVD
performed for these amended final certificate regarding the reimbursement Operations, Office VI, Enforcement and
results to interested parties within five of antidumping duties prior to Compliance, International Trade
days of the date of publication of this liquidation of the relevant entries Administration, U.S. Department of
notice in accordance with 19 CFR during this review period. Failure to Commerce, 14th Street and Constitution
351.224(b). comply with this requirement could Avenue NW., Washington, DC 20230;
result in the Secretary’s presumption telephone (202) 482–3813, (202) 482–
Assessment Rates
that reimbursement of the antidumping 0408 or (202) 482–4684, respectively.
Pursuant to section 751(a)(2)(A) of the duties occurred and the subsequent SUPPLEMENTARY INFORMATION:
Act and 19 CFR 351.212(b), the assessment of double antidumping
Department shall determine, and U.S. Background
duties.
This notice also serves as the only On September 29, 2014, the
4 See Issues and Decision Memorandum. reminder to parties subject to Department published the preliminary
5 See Calculation Memorandum at Attachment I. administrative protective order (APO) of determination of the countervailing
tkelley on DSK3SPTVN1PROD with NOTICES
6 Id.
their responsibility concerning the duty (CVD) investigation of domestic
7 See memoranda, ‘‘Decision Memorandum for
return or destruction of proprietary dry containers from the PRC in the
the Amended Final Results of Antidumping Duty
Administrative Review; 2012–2013’’ and Federal Register.1 On September 30,
‘‘Calculation Memorandum for the Amended Final 8 The Department determined that Guoxin is not
Results of Antidumping Duty Administrative eligible for a separate rate and that Winnsen, whose 1 See Countervailing Duty Investigation of 53-Foot
Review; 2012–2013’’ dated concurrently with this request for a review was timely withdrawn, had not Domestic Dry Containers from the People’s
Notice. been assigned a separate rate. Continued
VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/80_FR_21283/page/1.svg)
![21212 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
Singamas Issues below, are suitable for use in intermodal DEPARTMENT OF COMMERCE
Comment 5: The sales e value to be used as transportation, are capable of and suitable for
denominators to calculate subsidy rates double-stacking 13 in intermodal National Oceanic and Atmospheric
with respect to Singamas transportation, and otherwise meet the scope Administration
definition for the subject merchandise.
Overlapping Issues RIN 0648–XD789
Domestic containers have the following
Comment 6: Hot-Rolled Steel Sheet and Plate actual exterior dimensions: An exterior
Less than Adequate Remuneration Taking and Importing Marine
length exceeding 14.63 meters (48 feet) but
(LTAR) and whether the Department not exceeding 16.154 meters (53 feet); an
Mammals; Taking Marine Mammals
should reverse its findings regarding the
exterior width of between 2.438 meters and
Incidental to U.S. Marine Corps
hot-rolled LTAR benchmark. Training Exercises at Brant Island
(A) Whether the Department should use 2.60 meters (between 8 feet and 8 feet 63⁄8
inches); and an exterior height of between Bombing Target and Piney Island
domestic Chinese steel prices on the Bombing Range, USMC Cherry Point
record to determine whether the GOC 2.438 meters and 2.908 meters (between 8
provided hot-rolled steel for LTAR. feet and 9 feet 61⁄2 inches), all subject to Range Complex, North Carolina
(B) Whether the Department properly tolerances as allowed by the AAR AGENCY: National Marine Fisheries
found that ‘‘authorities’’ provided a Specifications. In addition to two frames (one
Service (NMFS), National Oceanic and
benefit in the form of the provision of a at either end of the container), the domestic
good for LTAR
Atmospheric Administration (NOAA),
containers within the scope definition have
(C) Whether the Department properly two stacking frames located equidistant from
Commerce.
found ‘‘Specificity’’ each end of the container, as required by the ACTION: Notice of issuance of a Letter of
(D) Benchmarks and calculation of benefit AAR Specifications. The stacking frames Authorization.
Comment 7: Export Buyer’s Credits Program have four upper handling fittings and four
Comment 8: Scope Exclusion Request bottom dual aperture handling fittings, SUMMARY: In accordance with the
VIII. Recommendation Marine Mammal Protection Act
placed at the respective corners of the
Appendix II stacking frames. Domestic containers also (MMPA), as amended, and
have two forward facing fittings at the front implementing regulations, notification
Scope of the Investigation lower corners and two downward facing is hereby given that a Letter of
The merchandise subject to investigation is fittings at the rear lower corners of the Authorization (LOA) has been issued to
closed (i.e., not open top) van containers container to facilitate chassis interface. the U.S. Marine Corps (Marine Corps) to
exceeding 14.63 meters (48 feet) but generally All domestic containers as described take marine mammals, by harassment,
measuring 16.154 meters (53 feet) in exterior herein are included within this scope incidental to training operations at the
length, which are designed for the intermodal definition, regardless of whether the
transport 12 of goods other than bulk liquids Brant Island Bombing Target (BT–9) and
merchandise enters the United States in a Piney Island Bombing Range (BT–11)
within North America primarily by rail or by
road vehicle, or by a combination of rail and final, assembled condition, or as an located within the Marine Corps’ Cherry
road vehicle (domestic containers). The unassembled kit or substantially complete Point Range Complex in Pamlico Sound,
merchandise is known in the industry by domestic container which requires additional NC.
varying terms including ‘‘53-foot containers,’’ manipulation or processing after entry into
DATES: Effective from March 13, 2015,
‘‘53-foot dry containers,’’ ‘‘53-foot domestic the United States to be made ready for use
dry containers,’’ ‘‘domestic dry containers’’ as a domestic container. through March 12, 2020.
and ‘‘domestic containers.’’ These terms all The scope of this investigation excludes ADDRESSES: The LOA and supporting
describe the same article with the same the following items: (1) Refrigerated documentation may be obtained by
design and performance characteristics. containers; (2) trailers, where the cargo box writing to Jolie Harrison, Division Chief,
Notwithstanding the particular terminology and rear wheeled chassis are of integrated Permits and Conservation Division,
used to describe the merchandise, all construction, and the cargo box of the unit Office of Protected Resources, NMFS,
merchandise that meets the definition set may not be separated from the chassis for 1315 East West-Highway, Silver Spring,
forth herein is included within the scope of further intermodal transport; (3) container
this investigation. MD 20910, calling the contact listed
chassis, whether or not imported with under FOR FURTHER INFORMATION
Domestic containers generally meet the
domestic containers, but the domestic CONTACT, or visiting the Internet at:
characteristic for closed van containers for
domestic intermodal service as described in containers remain subject merchandise, to http://www.nmfs.noaa.gov/pr/permits/
the American Association of Railroads (AAR) the extent they meet the written description incidental/military.htm.Documents
Manual of Standards and Recommended of the scope. Imports of the subject
cited in this notice may also be viewed,
Practices Intermodal Equipment Manual merchandise are provided for under
by appointment, during regular business
Closed Van Containers for Domestic subheading 8609.00.0000 of the Harmonized
Tariff Schedule of the United States
hours at the above address.
Intermodal Service Specification M 930
Adopted: 1972; Last Revised 2013 (AAR (HTSUS). Imports of the subject merchandise FOR FURTHER INFORMATION CONTACT:
Specifications) for 53-foot and 53-foot high which meet the definition of and Jeannine Cody, Office of Protected
cube containers. The AAR Specifications requirements for ‘‘instruments of Resources, NMFS, (301) 427–8401.
generally define design, performance and international traffic’’ pursuant to 19 U.S.C. SUPPLEMENTARY INFORMATION:
testing requirements for closed van 1322 and 19 CFR 10.41a may be classified
containers, but are not dispositive for under subheading 9803.00.50, HTSUS. While Background
purposes of defining subject merchandise HTSUS subheadings are provided for
within this scope definition. Containers Section 101(a)(5)(A) of the MMPA
convenience and customs purposes, the (16 U.S.C. 1361 et seq.) directs the
which may not fall precisely within the AAR
written description of the subject Secretary of Commerce (Secretary) to
Specifications or any successor equivalent
specifications are included within the scope merchandise as set forth herein is allow, upon request, the incidental, but
dispositive.
tkelley on DSK3SPTVN1PROD with NOTICES
definition of the subject merchandise if they not intentional taking of small numbers
have the exterior dimensions referenced [FR Doc. 2015–08904 Filed 4–16–15; 8:45 am] of marine mammals by U.S. citizens
BILLING CODE 3510–DS–P
who engage in a specified activity (other
12 ‘‘Intermodal transport’’ refers to a movement of
than commercial fishing) within a
freight using more than one mode of transportation,
most commonly on a container chassis for on-the- 13 ‘‘Double-stacking’’ refers to two levels of specified geographical region if certain
road transportation and on a rail car for rail intermodal containers on a rail car, one on top of findings are made and regulations are
transportation. the other. issued. Under the MMPA, the term
VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/80_FR_21283/page/4.svg)
Document Created: 2015-12-18 11:20:38
Document Modified: 2015-12-18 11:20:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: April 17, 2015. | |
| Contact | Yasmin Nair, David Cordell (Singamas), or Ilissa Shefferman (CIMC), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813, (202) 482-0408 or (202) 482-4684, respectively. | |
| FR Citation | 80 FR 21209 |
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