80 FR 23254 - Notice of Commencement of Compliance Proceedings Pursuant to Section 129 of the Uruguay Round Agreements Act

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range23254-23256
FR Document2015-09736

Pursuant to Section 129 of the Uruguay Round Agreements Act (URAA), 19 U.S.C. 3538, the Department of Commerce (Department), is commencing 15 separate proceedings to gather information, analyze record evidence, and consider the determinations which would be necessary to bring its measures into conformity with the recommendations and rulings of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) in United States--Countervailing Duty Measures on Certain Products from China (WTO/DS437). This dispute concerns the final determinations/amended final determinations issued in countervailing duty (CVD) investigations of various merchandise from the People's Republic of China.

Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23254-23256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09736]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-921; C-570-931; C-570-936; C-570-938; C-570-940; C-570-942; C-
570-944; C-570-946; C-570-955; C-570-957; C-570-959; C-570-966; C-570-
968; C-570-978; C-570-980]


Notice of Commencement of Compliance Proceedings Pursuant to 
Section 129 of the Uruguay Round Agreements Act

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

DATES: Effective date: April 27, 2015.

SUMMARY: Pursuant to Section 129 of the Uruguay Round Agreements Act 
(URAA), 19 U.S.C. 3538, the Department of Commerce (Department), is 
commencing 15 separate proceedings to gather information, analyze 
record evidence, and consider the determinations which would be 
necessary to bring its measures into conformity with the 
recommendations and rulings of the Dispute Settlement Body (DSB) of the 
World Trade Organization (WTO) in United States--Countervailing Duty 
Measures on Certain Products from China (WTO/DS437). This dispute 
concerns the final determinations/amended final determinations issued 
in countervailing duty (CVD) investigations of various merchandise from 
the People's Republic of China.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, Program Manager, 
AD/CVD Operations Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-
6071.

SUPPLEMENTARY INFORMATION:

Background

    On February 13, 2015, the United States informed the DSB that the 
United States intends to implement the DSB's recommendations and 
rulings in WTO/DS437. The CVD investigations at issue are as follows:
---------------------------------------------------------------------------

    \1\ Amended, see Circular Welded Carbon Quality Steel Line Pipe 
from the People's Republic of China: Notice of Amended Final 
Affirmative Countervailing Duty Determination and Notice of 
Countervailing Duty Order, 74 FR 4136 (January 23, 2009).
    \2\ Amended, see Certain Oil Country Tubular Goods from the 
People's Republic of China: Amended Final Affirmative Countervailing 
Duty Determination and Countervailing Duty Order, 75 FR 3203 
(January 20, 2010).
    \3\ Amended, see Pre-Stressed Concrete Steel Wire Strand from 
the People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 75 FR 38977 (July 7, 2010).
    \4\ Amended, see Certain Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 75 FR 69050 (November 10, 2010).
    \5\ Amended, see Certain Coated Paper Suitable for High-Quality 
Print Graphics Using Sheet-Fed Presses From the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 75 FR 70201 (November 17, 2010).

----------------------------------------------------------------------------------------------------------------
                Case No.                                  Full title                   FR Cite/Publication date
----------------------------------------------------------------------------------------------------------------
C-570-921...............................  Lightweight Thermal Paper From the          73 FR 57323 (October 2,
                                           People's Republic of China: Final           2008)
                                           Affirmative Countervailing Duty
                                           Determination.
C-570-931...............................  Circular Welded Austenitic Stainless        74 FR 4936 (January 28,
                                           Pressure Pipe from the People's Republic    2009)
                                           of China: Final Affirmative
                                           Countervailing Duty Determination.
C-570-936...............................  Circular Welded Carbon Quality Steel Line   73 FR 70961 (November 24,
                                           Pipe from the People's Republic of China:   2008)
                                           Final Affirmative Countervailing Duty
                                           Determination \1\.
C-570-938...............................  Citric Acid and Certain Citrate Salts From  69 FR 16836 (April 13,
                                           the People's Republic of China: Final       2009)
                                           Affirmative Countervailing Duty
                                           Determination.
C-570-940...............................  Certain Tow-Behind Lawn Groomers and        74 FR 29180 (June 19,
                                           Certain Parts Thereof From the People's     2009)
                                           Republic of China: Final Affirmative
                                           Countervailing Duty Determination.
C-570-942...............................  Certain Kitchen Shelving and Racks from     74 FR 37012 (July 27,
                                           the People's Republic of China: Final       2009)
                                           Affirmative Countervailing Duty
                                           Determination.
C-570-944...............................  Certain Oil Country Tubular Goods From the  74 FR 64045 (December 7,
                                           People's Republic of China: Final           2009)
                                           Affirmative Countervailing Duty
                                           Determination, Final Negative Critical
                                           Circumstances Determination \2\.
C-570-946...............................  Pre-Stressed Concrete Steel Wire Strand     75 FR 28557 (May 21, 2010)
                                           from the People's Republic of China:
                                           Final Affirmative Countervailing Duty
                                           Determination \3\.
C-570-955...............................  Certain Magnesia Carbon Bricks from the     75 FR 57442 (September 21,
                                           People's Republic of China:                 2010)
                                           Countervailing Duty Order.
C-570-957...............................  Certain Seamless Carbon and Alloy Steel     75 FR 57444 (September 21,
                                           Standard, Line, and Pressure Pipe from      2010)
                                           the People's Republic of China: Final
                                           Affirmative Countervailing Duty
                                           Determination, Final Affirmative Critical
                                           Circumstances Determination \4\.
C-570-959...............................  Certain Coated Paper Suitable for High-     75 FR 59212 (September 27,
                                           Quality Print Graphics Using Sheet-Fed      2010)
                                           Presses From the People's Republic of
                                           China: Final Affirmative Countervailing
                                           Duty Determination \5\.
C-570-966...............................  Drill Pipe From the People's Republic of    76 FR 1971 (January 11,
                                           China: Final Affirmative Countervailing     2010)
                                           Duty Determination, Final Affirmative
                                           Critical Circumstances Determination.
C-570-968...............................  Aluminum Extrusions From the People's       76 FR 18521 (April 4,
                                           Republic of China: Final Affirmative        2011)
                                           Countervailing Duty Determination.
C-570-978...............................  High Pressure Steel Cylinders From the      77 FR 26738 (May 7, 2012)
                                           People's Republic of China: Final
                                           Affirmative Countervailing Duty
                                           Determination.

[[Page 23255]]

 
C-570-980...............................  Crystalline Silicon Photovoltaic Cells,     77 FR 63788 (October 17,
                                           Whether or Not Assembled Into Modules,      2012)
                                           From the People's Republic of China:
                                           Final Affirmative Countervailing Duty
                                           Determination and Final Affirmative
                                           Critical Circumstances Determination.
----------------------------------------------------------------------------------------------------------------

Commencement of Section 129 Proceedings

    In accordance with Section 129(b)(1) of the URAA, the Department 
consulted with the Office of the United States Trade Representative, 
and on April 17, 2015, pursuant to those consultations, opened segments 
in the 15 CVD investigations at issue to commence administrative 
actions to comply with the DSB's recommendations and rulings. Each 
segment will consist of a separate administrative record with its own 
administrative protective order. In accordance with 19 CFR 351.305(b), 
interested parties may request access to business proprietary 
information in the segment of the proceeding to which they are 
participating. For each of these section 129 segments, we may request 
additional information and we may conduct verification of such 
information. Consistent with Section 129(d) of the URAA, the Department 
will make a preliminary determination in each of the Section 129 
segments, the Department will provide interested parties with an 
opportunity to provide written comments on those preliminary 
determinations, and the Department may hold a hearing.

Filing Requirements & Letter of Appearance

    In accordance with the Department's regulations, all submissions to 
the Department must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). An electronically-filed document must be 
received successfully in its entirety by the time and date it is due. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement and Compliance's 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the applicable deadlines.\6\
---------------------------------------------------------------------------

    \6\ See generally 19 CFR 351.303 (for general filing 
requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.103(d)(l), to be included on the public 
service list for the Section 129 determination for the aforementioned 
proceedings, all interested parties, including parties that were part 
of the public service list in the underlying investigation(s) and any 
parties otherwise notified of the Department's commencement of these 
Section 129 proceedings, must file a letter of appearance. The letter 
of appearance must be filed separately from any other document (with 
the exception of an application for administrative protective order 
(APO) access; parties applying for and granted APO access would 
automatically be on the public service list). Parties wishing to enter 
an appearance or submit information with regard to these proceedings 
must upload their filing(s) to each relevant case number. Additionally, 
for each submission made in ACCESS, parties must select ``S 129-SEC 
129'' as the segment and enter ``DS437'' in the segment specific 
information field.

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in these segments.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under Part 351, or as otherwise 
specified by the Secretary. In general, an extension request will be 
considered untimely if it is filed after the expiration of the time 
limit established under Part 351 expires. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm prior to submitting factual 
information in these segments.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\7\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\8\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \7\ See section 782(b) of the Act.
    \8\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department

[[Page 23256]]

published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is published in accordance with Section 129(b)(1) of 
the URAA.

Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-09736 Filed 4-24-15; 8:45 am]
 BILLING CODE 3510-DS-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactEric B. Greynolds, Program Manager, AD/CVD Operations Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482- 6071.
FR Citation80 FR 23254 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR