80 FR 51775 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 165 (August 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 165 (August 26, 2015)
| Page Range | 51775-51777 | |
| FR Document | 2015-20785 |
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)] [Notices] [Pages 51775-51777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20785] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-019] Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') published the Preliminary Determination of the countervailing duty (``CVD'') investigation of boltless steel shelving units prepackaged for sale (``boltless steel shelves'') from the People's Republic of China (``PRC'') on January 30, 2015.\1\ The Department determines that countervailable subsidies are being provided to producers and exporters of boltless steel shelves from the PRC. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2013 through December 31, 2013. --------------------------------------------------------------------------- \1\ See Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 80 FR 5089 (January 30, 2015) (``Preliminary Determination''). --------------------------------------------------------------------------- DATES: Effective Date: August 26, 2015. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit (Topsun) or Paul Walker (ETDZ), AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.4031, or 202.482.0413, respectively. SUPPLEMENTARY INFORMATION: Background On January 30, 2015, the Department published the Preliminary Determination.\2\ Between May 6 and June 6, 2015, we conducted verifications of the questionnaire responses of Nanjing ETDZ Huixing Trade Co., Ltd. (``ETDZ''), Nanjing Topsun Racking Manufacturing Co., Ltd. (``Topsun''), and a customer.\3\ On May 21, 2015, the Department issued the Post-preliminary Determination.\4\ Between June 24 and June 29, 2015, interested parties submitted case and rebuttal briefs. A full discussion of the issues raised by parties for this final determination may be found in the I&D Memo, which is hereby adopted by this notice.\5\ The I&D Memo 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 Department of Commerce building. In addition, a complete version of the I&D Memo can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions are identical in content. --------------------------------------------------------------------------- \2\ See Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 80 FR 5089 (January 30, 2015) (``Preliminary Determination'') and accompanying Preliminary Decision Memorandum (``PDM''). \3\ See Memorandum to Scot T. Fullerton, Program Manager, from Susan S. Pulongbarit, Senior International Trade Analyst, ``Countervailing Duty Investigation: Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Verification Report: Nanjing Topsun Racking Manufacturing Co., Ltd. (``Topsun'') and Nanjing Great Wall Co., Ltd. (``Great Wall''),'' dated June 16, 2015; Memorandum to Scot T. Fullerton, Program Manager, from Paul Walker, Case Analyst, ``Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Verification Report for Ningbo ETDZ Huixing Trade Co., Ltd.,'' dated June 16, 2015; and Memorandum to Paul Walker, Acting Program Manager, from Susan Pulongbarit, Case Analyst, ``Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Verification Report,'' dated June 17, 2015. \4\ See Memorandum to Paul Piquado, Assistant Secretary, Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations, ``Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Post- Preliminary Determination Decision Memorandum,'' dated May 29, 2015 (``Post-preliminary Determination''). \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary, Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations, ``Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Issues and Decision Memorandum for the Final Determination,'' dated concurrently with this notice (``I&D Memo''). --------------------------------------------------------------------------- Scope of the Investigation and Scope Comments The scope of this investigation covers boltless steel shelving units prepackaged for sale, with or without decks (``boltless steel shelving''). The term ``prepackaged for sale'' means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end-user. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits that allow the end-user to add an extension shelving unit onto an existing boltless steel shelving unit such that the extension and the original unit will share common frame elements (e.g., two posts). The term ``boltless'' refers to steel shelving in which the vertical and horizontal supports forming the frame are assembled primarily without the use of nuts and bolts, or screws. The vertical and horizontal support members for boltless steel shelving are assembled by methods such as, but not limited to, fitting a rivet, punched or cut tab, or other similar connector on one support into a hole, slot or similar receptacle on another support. The supports lock together to form the frame for the shelving unit, and provide the structural integrity of the shelving unit separate from the inclusion of any decking. The incidental use of nuts and bolts, or screws to add accessories, wall anchors, tie-bars or shelf supports does not remove the product from scope. Boltless steel shelving units may also come packaged as partially assembled, such as when two upright supports are welded together with front-to-back supports, or are otherwise connected, to form an end unit for the frame. The boltless steel shelving covered by this investigation may be commonly described as rivet shelving, welded frame shelving, slot and tab shelving, and punched rivet (quasi-rivet) shelving as well as by other trade names. The term ``deck'' refers to the shelf that sits on or fits into the horizontal supports (beams or braces) to provide the horizontal storage surface of the shelving unit. [[Page 51776]] The scope includes all boltless steel shelving meeting the description above, regardless of (1) vertical support or post type (including but not limited to open post, closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are:Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor; \6\ --------------------------------------------------------------------------- \6\ The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion. --------------------------------------------------------------------------- wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; bulk-packed parts or components of boltless steel shelving units; and made-to-order shelving systems. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (``HTSUS'') statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 9403.20.0026, but may also enter through HTSUS 9403.10.0040. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this investigation is dispositive. The Department received comments regarding the scope of this investigation from numerous interested parties, which we have summarized and addressed in the accompanying I&D Memo.\7\ --------------------------------------------------------------------------- \7\ See I&D Memo at Comments XIII. --------------------------------------------------------------------------- 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 I&D Memo. A list of the issues that parties raised, and to which we responded in the I&D Memo, is attached to this notice as an Appendix. Use of Adverse Facts Available For purposes of this final determination, we relied on facts available, and have drawn an adverse inference, in accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the ``Act''), in determining the countervailability of the GOC's provision of electricity for less than adequate remuneration (``LTAR''), the GOC's provision of hot-rolled coiled steel for LTAR, and for certain companies which did not respond to the Department's quantity and value questionnaire. The Department also relied on facts available in determining the countervailability of the following programs: Exhibition Subsidy, Foreign Trade Bureau Award, Export Credit Insurance and Export Subsidy for High-tech Merchandise, and the Innovative Growth Subsidy. The Department notes that because one or more respondents did not act to the best of their ability to respond to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\8\ For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the I&D Memo. --------------------------------------------------------------------------- \8\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- 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 the subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the I&D Memo. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an estimated individual countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated.\9\ We determine the total estimated net countervailable subsidy rates to be: --------------------------------------------------------------------------- \9\ 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 subsidy rates, and any rates determined 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 ETDZ and Topsun because doing so risks disclosure of proprietary information. Therefore, we calculated a simple average of ETDZ's and Topsun's rates. ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Ningbo ETDZ Huixing Trade Co., Ltd...................... 12.40 Nanjing Topsun Racking Manufacturing Co., Ltd........... 15.05 All Others.............................................. 13.73 Dalian Huameilong Metal Products Co., Ltd *............. 80.45 Dongguan Yuan Er Sheng Machinery Source Hardware Co., 80.45 Ltd *.................................................. Dong Rong Metal Products Co., Ltd *..................... 80.45 Global Storage Equipment Manufacturer Limited *......... 80.45 Intradin (Shanghai) Import & Export Co., Ltd *.......... 80.45 Jinhua Development District Hongfa Tool, Ltd *.......... 80.45 Kunshan Jisheng Metal & Plastic Co., Ltd *.............. 80.45 Nanjing Huade Warehousing Equipment Manufacturing Co. 80.45 Ltd *.................................................. Nanjing Whitney Metal Products Co., Ltd *............... 80.45 Nanjing Yodoly Logistics Equipments Manufacturing Co., 80.45 Ltd *.................................................. Ningbo Decko Metal Products Trade Co., Ltd *............ 80.45 Ningbo Haifa Metal Works Co., Ltd *..................... 80.45 Ningbo HaiFa Office Equipment Co., Ltd *................ 80.45 Ningbo TLT Metal Products Co., Ltd *.................... 80.45 ------------------------------------------------------------------------ * Non-cooperative company to which an adverse facts available rate is being applied. See ``Use of Facts Otherwise Available and Adverse Inferences'' section in the I&D Memo. 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 subject merchandise from the PRC that were entered, or withdrawn from warehouse, for consumption on or after January 30, 2015, the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we issued instructions to CBP to [[Page 51777]] discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after May 30, 2015, but to continue the suspension of liquidation of all entries from January 30, 2015, through May 29, 2015. If the International Trade Commission (``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 we will require a cash deposit of estimated CVDs for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, 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. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, 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. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/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. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: August 14, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the I&D Memo Comment I: Whether State Ownership Makes an Entity a Government Authority Comment II: Whether Chinese Communist Party (``CCP'') Affiliations/ Activities by Company Officials Make the Company a Government Authority Comment III: Whether the GOC Responded to the Best of its Ability Regarding Ownership and CCP Affiliation for HRCS Suppliers and Provided Sufficient Evidence to Find that Some Producers Were not Government Authorities Comment IV: Whether the Provision of HRCS Is Specific Comment V: Use of a Tier-One Price for the Provision of HRCS Comment VI: Cold-Rolled for LTAR Comment VII: Whether to Adjust the HRCS Benchmark Values Comment VIII: Whether the Provision of Electricity is Countervailable Comment IX: Topsun's Denominator Comment X: Export Seller's Credits and Export Buyer's Credits from China ExIm Comment XI: Two Free Three Half Program Comment XII: Other Programs Comment XIII: Whether Whirlpool's Products are Within the Scope [FR Doc. 2015-20785 Filed 8-25-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51775
sales of which are the basis for the NSR Street and Constitution Avenue NW., ACCESS is available to registered users
request, we will instruct CBP to permit Washington, DC 20230; telephone at http://access.trade.gov, and is
the use of a bond only for subject 202.482.4031, or 202.482.0413, available to all parties in the Central
merchandise which Haixing Eno respectively. Records Unit, room B8024 of the main
Chemical Co., Ltd produced and SUPPLEMENTARY INFORMATION: Department of Commerce building. In
Haixing Jingmei exported. addition, a complete version of the I&D
Interested parties requiring access to Background Memo can be accessed directly at http://
proprietary information in this NSR On January 30, 2015, the Department enforcement.trade.gov/frn/index.html.
should submit applications for published the Preliminary The signed I&D Memo and the
disclosure under administrative Determination.2 Between May 6 and electronic versions are identical in
protective order, in accordance with 19 June 6, 2015, we conducted verifications content.
CFR 351.305 and 19 CFR 351.306. of the questionnaire responses of Scope of the Investigation and Scope
This initiation and notice are in Nanjing ETDZ Huixing Trade Co., Ltd. Comments
accordance with section 751(a)(2)(B) of (‘‘ETDZ’’), Nanjing Topsun Racking
the Act, 19 CFR 351.214, and 19 CFR The scope of this investigation covers
Manufacturing Co., Ltd. (‘‘Topsun’’),
351.221(c)(1)(i). boltless steel shelving units
and a customer.3 On May 21, 2015, the
prepackaged for sale, with or without
Dated: August 19, 2015. Department issued the Post-preliminary
decks (‘‘boltless steel shelving’’). The
Christian Marsh, Determination.4 Between June 24 and
term ‘‘prepackaged for sale’’ means that,
Deputy Assistant Secretary for Antidumping June 29, 2015, interested parties
at a minimum, the steel vertical
and Countervailing Duty Operations. submitted case and rebuttal briefs. A
supports (i.e., uprights and posts) and
[FR Doc. 2015–21185 Filed 8–25–15; 8:45 am] full discussion of the issues raised by
steel horizontal supports (i.e., beams,
parties for this final determination may
BILLING CODE 3510–DS–P braces) necessary to assemble a
be found in the I&D Memo, which is completed shelving unit (with or
hereby adopted by this notice.5 The I&D without decks) are packaged together for
DEPARTMENT OF COMMERCE Memo is a public document and is on ultimate purchase by the end-user. The
file electronically via Enforcement and scope also includes add-on kits. Add-on
International Trade Administration Compliance’s Antidumping and kits include, but are not limited to, kits
[C–570–019] Countervailing Duty Centralized that allow the end-user to add an
Electronic Service System (‘‘ACCESS’’). extension shelving unit onto an existing
Boltless Steel Shelving Units boltless steel shelving unit such that the
2 See Countervailing Duty Investigation of Boltless
Prepackaged for Sale From the extension and the original unit will
Steel Shelving Units Prepackaged for Sale from the
People’s Republic of China: Final People’s Republic of China: Preliminary share common frame elements (e.g., two
Affirmative Countervailing Duty Determination and Alignment of Final posts). The term ‘‘boltless’’ refers to
Determination Determination with Final Antidumping Duty steel shelving in which the vertical and
Determination, 80 FR 5089 (January 30, 2015)
AGENCY: Enforcement and Compliance, (‘‘Preliminary Determination’’) and accompanying
horizontal supports forming the frame
International Trade Administration, Preliminary Decision Memorandum (‘‘PDM’’). are assembled primarily without the use
Department of Commerce.
3 See Memorandum to Scot T. Fullerton, Program of nuts and bolts, or screws. The vertical
Manager, from Susan S. Pulongbarit, Senior and horizontal support members for
SUMMARY: The Department of Commerce International Trade Analyst, ‘‘Countervailing Duty boltless steel shelving are assembled by
(‘‘Department’’) published the Investigation: Boltless Steel Shelving Units
methods such as, but not limited to,
Preliminary Determination of the Prepackaged for Sale from the People’s Republic of
China: Verification Report: Nanjing Topsun Racking fitting a rivet, punched or cut tab, or
countervailing duty (‘‘CVD’’) Manufacturing Co., Ltd. (‘‘Topsun’’) and Nanjing other similar connector on one support
investigation of boltless steel shelving Great Wall Co., Ltd. (‘‘Great Wall’’),’’ dated June 16, into a hole, slot or similar receptacle on
units prepackaged for sale (‘‘boltless 2015; Memorandum to Scot T. Fullerton, Program
another support. The supports lock
steel shelves’’) from the People’s Manager, from Paul Walker, Case Analyst,
‘‘Countervailing Duty Investigation of Boltless Steel together to form the frame for the
Republic of China (‘‘PRC’’) on January Shelving Units Prepackaged for Sale from the shelving unit, and provide the structural
30, 2015.1 The Department determines People’s Republic of China: Verification Report for integrity of the shelving unit separate
that countervailable subsidies are being Ningbo ETDZ Huixing Trade Co., Ltd.,’’ dated June
from the inclusion of any decking. The
provided to producers and exporters of 16, 2015; and Memorandum to Paul Walker, Acting
Program Manager, from Susan Pulongbarit, Case incidental use of nuts and bolts, or
boltless steel shelves from the PRC. For Analyst, ‘‘Countervailing Duty Investigation of screws to add accessories, wall anchors,
information on the estimated subsidy Boltless Steel Shelving Units Prepackaged for Sale tie-bars or shelf supports does not
rates, see the ‘‘Final Determination’’ from the People’s Republic of China: Verification remove the product from scope. Boltless
section of this notice. The period of Report,’’ dated June 17, 2015.
4 See Memorandum to Paul Piquado, Assistant steel shelving units may also come
investigation is January 1, 2013 through packaged as partially assembled, such as
Secretary, Enforcement and Compliance, from
December 31, 2013. Christian Marsh, Deputy Assistant Secretary, for when two upright supports are welded
DATES: Effective Date: August 26, 2015. Antidumping and Countervailing Duty Operations, together with front-to-back supports, or
‘‘Countervailing Duty Investigation of Boltless Steel
FOR FURTHER INFORMATION CONTACT:
Shelving Units Prepackaged for Sale from the
are otherwise connected, to form an end
Susan Pulongbarit (Topsun) or Paul People’s Republic of China: Post-Preliminary unit for the frame. The boltless steel
Walker (ETDZ), AD/CVD Operations, Determination Decision Memorandum,’’ dated May shelving covered by this investigation
Office V, Enforcement and Compliance, 29, 2015 (‘‘Post-preliminary Determination’’). may be commonly described as rivet
5 See Memorandum to Ronald K. Lorentzen,
International Trade Administration, shelving, welded frame shelving, slot
rmajette on DSK7SPTVN1PROD with NOTICES
Acting Assistant Secretary, Enforcement and
U.S. Department of Commerce, 14th Compliance, from Christian Marsh, Deputy
and tab shelving, and punched rivet
Assistant Secretary, for Antidumping and (quasi-rivet) shelving as well as by other
1 See Boltless Steel Shelving Units Prepackaged Countervailing Duty Operations, ‘‘Countervailing trade names. The term ‘‘deck’’ refers to
for Sale from the People’s Republic of China: Duty Investigation of Boltless Steel Shelving Units the shelf that sits on or fits into the
Preliminary Determination and Alignment of Final Prepackaged for Sale from the People’s Republic of
Determination with Final Antidumping Duty China: Issues and Decision Memorandum for the
horizontal supports (beams or braces) to
Determination, 80 FR 5089 (January 30, 2015) Final Determination,’’ dated concurrently with this provide the horizontal storage surface of
(‘‘Preliminary Determination’’). notice (‘‘I&D Memo’’). the shelving unit.
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![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51777
discontinue the suspension of Comment II: Whether Chinese Communist Background
liquidation for CVD purposes for subject Party (‘‘CCP’’) Affiliations/Activities by
Company Officials Make the Company a The Department published the notice
merchandise entered, or withdrawn of initiation of this investigation on
from warehouse, on or after May 30, Government Authority
Comment III: Whether the GOC Responded to February 18, 2015.1 For a complete
2015, but to continue the suspension of the Best of its Ability Regarding description of the events that followed
liquidation of all entries from January Ownership and CCP Affiliation for HRCS the initiation of this investigation, see
30, 2015, through May 29, 2015. Suppliers and Provided Sufficient the memorandum that is dated
If the International Trade Commission Evidence to Find that Some Producers concurrently with this determination
(‘‘ITC’’) issues a final affirmative injury Were not Government Authorities and hereby adopted by this notice.2 The
determination, we will issue a CVD Comment IV: Whether the Provision of HRCS
Preliminary Decision Memorandum is a
order and reinstate the suspension of Is Specific
Comment V: Use of a Tier-One Price for the public document and is on file
liquidation under section 706(a) of the
Provision of HRCS electronically via Enforcement and
Act, and we will require a cash deposit
Comment VI: Cold-Rolled for LTAR Compliance’s Antidumping and
of estimated CVDs for such entries of
Comment VII: Whether to Adjust the HRCS Countervailing Duty Centralized
merchandise in the amounts indicated
Benchmark Values Electronic Service System (‘‘ACCESS’’).
above. If the ITC determines that Comment VIII: Whether the Provision of ACCESS is available to registered users
material injury, or threat of material Electricity is Countervailable
injury, does not exist, this proceeding at https://access.trade.gov, and to all
Comment IX: Topsun’s Denominator parties in the Central Records Unit,
will be terminated and all estimated Comment X: Export Seller’s Credits and
duties deposited or securities posted as room B8024 of the main Department of
Export Buyer’s Credits from China ExIm
a result of the suspension of liquidation Comment XI: Two Free Three Half Program Commerce building. In addition, a
will be refunded or canceled. Comment XII: Other Programs complete version of the Preliminary
Comment XIII: Whether Whirlpool’s Products Decision Memorandum can be found at
ITC Notification are Within the Scope http://enforcement.trade.gov/frn/. The
In accordance with section 705(d) of [FR Doc. 2015–20785 Filed 8–25–15; 8:45 am] signed Preliminary Decision
the Act, we will notify the ITC of our BILLING CODE 3510–DS–P
Memorandum and the electronic
determination. In addition, we are version of the Preliminary Decision
making available to the ITC all non- Memorandum are identical in content.
privileged and non-proprietary DEPARTMENT OF COMMERCE Scope of the Investigation
information related to this investigation.
We will allow the ITC access to all International Trade Administration The product covered by this
privileged and business proprietary investigation is uncoated paper from
information in our files, provided the [A–471–807]
Portugal. For a full description of the
ITC confirms that it will not disclose scope of this investigation, see the
such information, either publicly or Certain Uncoated Paper From ‘‘Scope of the Investigation,’’ in
under an administrative protective order Portugal: Preliminary Determination of Appendix I.
(‘‘APO’’), without the written consent of Sales at Less Than Fair Value and Scope Comments
the Assistant Secretary for Enforcement Postponement of Final Determination
and Compliance. Certain interested parties commented
AGENCY: Enforcement and Compliance, on the scope of the investigation as it
Return or Destruction of Proprietary International Trade Administration, appeared in the Initiation Notice. For
Information Department of Commerce. discussion of those comments, see the
In the event that the ITC issues a final SUMMARY: The Department of Commerce
Preliminary Decision Memorandum.3
negative injury determination, this (the ‘‘Department’’) preliminarily Postponement of Deadline for
notice will serve as the only reminder determines that certain uncoated paper Preliminary Determination
to parties subject to an APO of their from Portugal is being, or is likely to be,
responsibility concerning the On May 18, 2015, Petitioners 4
sold in the United States at less than fair
destruction of proprietary information submitted a timely request for a 50-day
value (‘‘LTFV’’), as provided in section
disclosed under APO in accordance 733(b) of the Tariff Act of 1930, as 1 See Certain Uncoated Paper From Australia,
with 19 CFR 351.305(a)(3). Timely amended (‘‘the Act’’). The period of Brazil, the People’s Republic of China, Indonesia,
written notification of the return/ investigation (‘‘POI’’) is January 1, 2014, and Portugal: Initiation of Less-Than-Fair-Value
destruction of APO materials or through December 31, 2014. The Investigations, 80 FR 8608 (February 18, 2015)
conversion to judicial protective order is (‘‘Initiation Notice’’).
estimated weighted-average dumping 2 See Memorandum from Christian Marsh, Deputy
hereby requested. Failure to comply margins of sales at LTFV are shown in Assistant Secretary for Antidumping and
with the regulations and terms of an the ‘‘Preliminary Determination’’ Countervailing Duty Operations, to Paul Piquado,
APO is a violation which is subject to section of this notice. Interested parties Assistant Secretary for Enforcement and
sanction. Compliance ‘‘Decision Memorandum for the
are invited to comment on this Preliminary Determination in the Antidumping
This determination is issued and preliminary determination. Duty Investigation of Certain Uncoated Paper from
published pursuant to sections 705(d) Portugal’’ (‘‘Preliminary Decision Memorandum’’),
DATES: Effective Date: August 26, 2015.
and 777(i) of the Act. dated concurrently with this notice.
FOR FURTHER INFORMATION CONTACT: 3 See also Memorandum from Erin Begnal,
Dated: August 14, 2015.
Kabir Archuletta, AD/CVD Operations, Director, Office III, to Ronald K. Lorentzen, Acting
Ronald K. Lorentzen,
rmajette on DSK7SPTVN1PROD with NOTICES
Office V, Enforcement and Compliance, Assistant Secretary for Enforcement and
Acting Assistant Secretary for Enforcement International Trade Administration, Compliance ‘‘Scope Comments Decision
and Compliance. Memorandum for the Preliminary Determinations’’
U.S. Department of Commerce, 14th (August 3, 2015).
Appendix—List of Topics Discussed in Street and Constitution Avenue NW., 4 Petitioners are United Steel, Paper and Forestry,
the I&D Memo Washington, DC 20230; telephone: (202) Rubber, Manufacturing, Energy, Allied Industrial
482–2593. and Service Workers International Union; Domtar
Comment I: Whether State Ownership Makes Corporation; Finch Paper LLC; P.H. Glatfelter
an Entity a Government Authority SUPPLEMENTARY INFORMATION: Continued
VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/80_FR_51940/page/3.svg)
Document Created: 2015-12-15 10:58:26
Document Modified: 2015-12-15 10:58:26
| 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 | |
| Contact | Susan Pulongbarit (Topsun) or Paul Walker (ETDZ), AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.4031, or 202.482.0413, respectively. | |
| FR Citation | 80 FR 51775 |
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