80 FR 57578 - Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Request for Comments
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 185 (September 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 185 (September 24, 2015)
| Page Range | 57578-57579 | |
| FR Document | 2015-24329 |
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)] [Notices] [Pages 57578-57579] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24329] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-821-808] Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Request for Comments AGENCY: Enforcement & Compliance, International Trade Administration, Commerce. ACTION: Invitation for Comment on Antidumping Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from the Russian Federation. ----------------------------------------------------------------------- SUMMARY: On May 5, 2015, ArcelorMittal USA, Inc., Nucor Corporation, and SSAB North America Division (collectively, ``domestic interested parties''), filed with the U.S. Department of Commerce (``Department'') a request to terminate the 2003 Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (``Agreement'') (``request to terminate''). For the reasons stated in this notice, the Department is requesting comments on whether suspension of the investigation is no longer in the ``public interest'' under sections 734(d) and 734(i) of the Tariff Act of 1930, as amended (``Act''). DATES: Effective: September 24, 2015. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Julie H. Santoboni, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-3063, respectively. SUPPLEMENTARY INFORMATION: Background In January 2003, the non-market economy suspension agreement signed in October 1997 on cut-to-length carbon steel plate (``CTL plate'') from the Russian Federation was replaced with a market-economy agreement with Russian producers under section 734(b) of the Act. See Suspension of Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 3859 (Jan. 27, 2003).\1\ In entering into the Agreement, the Department determined, under section 734(b) of the Act, that the Agreement would eliminate completely sales at less than fair value of the imported subject merchandise and, under section 734(d) of the Act, that suspension of the investigation was in the ``public interest'' and could be monitored effectively. Since implementation of the Agreement in 2003, the Department has been calculating semi-annual ``normal values'' (``NVs''), or minimum selling prices, for Joint Stock Company Severstal (``Severstal''), the one Russian signatory producer that has requested NVs. --------------------------------------------------------------------------- \1\ The underlying antidumping duty investigation was continued in 1997, and the Department made an affirmative final determination of sales at less than fair value and the International Trade Commission made an affirmative injury determination. See Notice of Final Determination of Sales at Less than Fair Value: Certain Cut- to-Length Carbon Steel Plate from the Russian Federation, 62 FR 61787 (Nov. 19, 1997); Certain Carbon Steel Plate from China, Russia, South Africa and Ukraine, 62 FR 66128 (Dec. 17, 1997). --------------------------------------------------------------------------- On May 5, 2015, the domestic interested parties filed a request that the Department terminate the Agreement because it is no longer in the public interest and because Severstal may have violated the Agreement. On May 14, 2015, the Ministry of Economic Development of the Russian Federation (``Economy Ministry'') filed a letter in response to the domestic interested parties' request to terminate the Agreement. On May 18, 2015, Severstal filed a letter in response to the domestic interested parties' request to terminate the Agreement. Scope of Review The products covered by the Agreement are CTL plate from the Russian Federation. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Agreement is dispositive. For a full description of the scope of this Agreement, see Appendix B of the Agreement. Invitation for Comment As discussed above, the Department has received a request to terminate the Agreement from the domestic interested parties and is currently evaluating the request. The Agreement, at Section F, provides that ``{i{time} f the Department determines that the Agreement is being or has been violated or no longer meets [[Page 57579]] the requirements of section 734(b) or (d) of the Act, the Department shall take action it determines appropriate under section 734(i) of the Act and the regulations.'' Section 734(i) of the Act provides that where, as here, the investigation was completed, the Department shall publish a determination suspending liquidation and issue an antidumping order under section 736(a) of the Act if the Department determines that there has been a violation of the Agreement, or the Agreement no longer meets certain statutory requirements, including the ``public interest'' requirement under section 734(d)(1) of the Act. The Department's regulations at 19 CFR 351.209(c)(1) state that if the Department has reason to believe that a suspension agreement no longer meets the requirements of section 734(d) of the Act, including if suspension of the investigation is no longer in the ``public interest,'' it will publish a notice inviting comment on the suspension agreement. Based on the request to terminate, we find that the requirements of 19 CFR 351.209(c)(1) have been met, and as such, are issuing this notice to seek comments to determine if suspension of the investigation is no longer in the ``public interest.'' Although the domestic interested parties alleged that Severstal may have violated the terms of the Agreement, we are not soliciting comments on the alleged violation. The Department will make its determination and if appropriate, take necessary action, in accordance with section 734(i) of the Act and 19 CFR 351.209(c). Further, in making our determination, the Department will consider imports into the United States from all sources of the merchandise, as described in Section A of the Agreement. We also will consider factors including, but not limited to, the following: volume of trade, pattern of trade, whether or not the reseller is an original equipment manufacturer, and the reseller's export price. See Agreement, Section B. Public Comment Interested parties may submit comments on whether the Agreement is in the public interest via Enforcement & Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS'') no later than 30 days after the date of publication of this notice by 5 p.m. Eastern Daylight Time.\2\ Rebuttal comments, limited to issues raised in the affirmative comments, may be submitted via ACCESS no later than 45 days after the date of publication of this notice by 5 p.m. Eastern Daylight Time. --------------------------------------------------------------------------- \2\ 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. --------------------------------------------------------------------------- When submitting comments via ACCESS, interested parties must upload their submissions to the segment in ACCESS entitled ``Suspension Agreement.'' The Department intends to address any comments in its determination. Dated: September 18, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement & Compliance. [FR Doc. 2015-24329 Filed 9-23-15; 8:45 am] BILLING CODE 3510-DS-P
![57578 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
and rebuttals are encouraged to submit DEPARTMENT OF COMMERCE the Agreement, the Department
with each argument: (1) A statement of determined, under section 734(b) of the
the issue; (2) a brief summary of the International Trade Administration Act, that the Agreement would
argument; and (3) a table of [A–821–808] eliminate completely sales at less than
authorities.11 All briefs are to be filed fair value of the imported subject
electronically using ACCESS.12 An Certain Cut-to-Length Carbon Steel merchandise and, under section 734(d)
electronically filed document must be Plate From the Russian Federation: of the Act, that suspension of the
received successfully in its entirety by Request for Comments investigation was in the ‘‘public
ACCESS by 5:00 p.m. Eastern Time on interest’’ and could be monitored
AGENCY: Enforcement & Compliance, effectively. Since implementation of the
the day on which it is due.13 International Trade Administration, Agreement in 2003, the Department has
Any interested party may request a Commerce. been calculating semi-annual ‘‘normal
hearing to the Assistant Secretary of ACTION: Invitation for Comment on values’’ (‘‘NVs’’), or minimum selling
Enforcement and Compliance using Antidumping Suspension Agreement on prices, for Joint Stock Company
ACCESS within 30 days of publication Certain Cut-to-Length Carbon Steel Plate Severstal (‘‘Severstal’’), the one Russian
of this notice in the Federal Register.14 from the Russian Federation. signatory producer that has requested
Hearing requests should contain the NVs.
SUMMARY: On May 5, 2015, On May 5, 2015, the domestic
following information: (1) The party’s
ArcelorMittal USA, Inc., Nucor interested parties filed a request that the
name, address, and telephone number;
Corporation, and SSAB North America Department terminate the Agreement
(2) the number of participants; and (3)
Division (collectively, ‘‘domestic because it is no longer in the public
a list of the issues to be discussed. Oral interested parties’’), filed with the U.S.
presentations will be limited to issues interest and because Severstal may have
Department of Commerce violated the Agreement. On May 14,
raised in the briefs.15 If a request for a (‘‘Department’’) a request to terminate
hearing is made, parties will be notified 2015, the Ministry of Economic
the 2003 Agreement Suspending the Development of the Russian Federation
of the time and date for the hearing to Antidumping Investigation of Certain
be held at the U.S. Department of (‘‘Economy Ministry’’) filed a letter in
Cut-to-Length Carbon Steel Plate from response to the domestic interested
Commerce, 1401 Constitution Avenue the Russian Federation (‘‘Agreement’’) parties’ request to terminate the
NW., Washington, DC 20230.16 (‘‘request to terminate’’). For the reasons Agreement. On May 18, 2015, Severstal
Final Results of the Review stated in this notice, the Department is filed a letter in response to the domestic
requesting comments on whether interested parties’ request to terminate
In accordance with 19 CFR suspension of the investigation is no the Agreement.
351.216(e), the Department intends to longer in the ‘‘public interest’’ under
issue the final results of this CCR not sections 734(d) and 734(i) of the Tariff Scope of Review
later than 270 days after the date on Act of 1930, as amended (‘‘Act’’). The products covered by the
which this review was initiated. DATES: Effective: September 24, 2015. Agreement are CTL plate from the
FOR FURTHER INFORMATION CONTACT: Russian Federation. This merchandise is
Notification to Parties Sally C. Gannon or Julie H. Santoboni, currently classified in the Harmonized
The Department is issuing and Enforcement & Compliance, Tariff Schedule of the United States
International Trade Administration, (HTS) under item numbers
publishing these preliminary results in
U.S. Department of Commerce, 14th 7208.40.3030, 7208.40.3060,
accordance with sections 751(b)(1) and
Street and Constitution Avenue NW., 7208.51.0030, 7208.51.0045,
777(i)(1) of the Act and 19 CFR 351.216 7208.51.0060, 7208.52.0000,
Washington, DC 20230, telephone: (202)
and 351.221. 7208.53.0000, 7208.90.0000,
482–0162 or (202) 482–3063,
Dated: September 17, 2015. respectively. 7210.70.3000, 7210.90.9000,
Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION:
7211.13.0000, 7211.14.0030,
Acting Assistant Secretary for Enforcement 7211.14.0045, 7211.90.0000,
and Compliance. Background 7212.40.1000, 7212.40.5000, and
In January 2003, the non-market 7212.50.0000. Although the HTS
Appendix economy suspension agreement signed subheadings are provided for
List of Topics Discussed in the Preliminary in October 1997 on cut-to-length carbon convenience and customs purposes, our
Decision Memorandum steel plate (‘‘CTL plate’’) from the written description of the scope of the
Russian Federation was replaced with a Agreement is dispositive. For a full
I. Summary
market-economy agreement with description of the scope of this
II. Background
Russian producers under section 734(b) Agreement, see Appendix B of the
III. Scope of the Order
of the Act. See Suspension of Agreement.
IV. Preliminary Results of the Changed
Circumstances Review Antidumping Duty Investigation of Invitation for Comment
V. Recommendation Certain Cut-to-Length Carbon Steel Plate
As discussed above, the Department
from the Russian Federation, 68 FR
[FR Doc. 2015–24191 Filed 9–23–15; 8:45 am] has received a request to terminate the
3859 (Jan. 27, 2003).1 In entering into
BILLING CODE 3510–DS–P Agreement from the domestic interested
1 The underlying antidumping duty investigation parties and is currently evaluating the
tkelley on DSK3SPTVN1PROD with NOTICES
was continued in 1997, and the Department made request. The Agreement, at Section F,
11 See 19 CFR 351.309(c)(2) & (d)(2). an affirmative final determination of sales at less provides that ‘‘{i}f the Department
12 See 19 CFR 351.303(b) & (f). than fair value and the International Trade determines that the Agreement is being
13 See 19 CFR 351.303(b). Commission made an affirmative injury
determination. See Notice of Final Determination of or has been violated or no longer meets
14 See 19 CFR 351.310(c).
Sales at Less than Fair Value: Certain Cut-to-Length
15 Id.
Carbon Steel Plate from the Russian Federation, 62 Plate from China, Russia, South Africa and
16 See 19 CFR 351.310(d). FR 61787 (Nov. 19, 1997); Certain Carbon Steel Ukraine, 62 FR 66128 (Dec. 17, 1997).
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![Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices 57579
the requirements of section 734(b) or (d) comments, limited to issues raised in II is not the successor-in-interest to
of the Act, the Department shall take the affirmative comments, may be Shanfu I for these final results.
action it determines appropriate under submitted via ACCESS no later than 45 DATES: Effective September 24, 2015.
section 734(i) of the Act and the days after the date of publication of this FOR FURTHER INFORMATION CONTACT:
regulations.’’ notice by 5 p.m. Eastern Daylight Time. Hilary E. Sadler, Esq., AD/CVD
Section 734(i) of the Act provides that When submitting comments via Operations, Office VII, Enforcement and
where, as here, the investigation was ACCESS, interested parties must upload Compliance, International Trade
completed, the Department shall their submissions to the segment in Administration, U.S. Department of
publish a determination suspending ACCESS entitled ‘‘Suspension Commerce, 14th Street and Constitution
liquidation and issue an antidumping Agreement.’’ The Department intends to Avenue NW., Washington, DC 20230;
order under section 736(a) of the Act if address any comments in its telephone: (202) 482–4340.
the Department determines that there determination. SUPPLEMENTARY INFORMATION:
has been a violation of the Agreement, Dated: September 18, 2015.
or the Agreement no longer meets Background
Ronald K. Lorentzen,
certain statutory requirements, For a complete description of the
Acting Assistant Secretary for Enforcement events following the publication of the
including the ‘‘public interest’’ & Compliance.
requirement under section 734(d)(1) of Preliminary Results, see the Issues and
[FR Doc. 2015–24329 Filed 9–23–15; 8:45 am] Decision Memorandum.3 The Issues and
the Act. The Department’s regulations at
19 CFR 351.209(c)(1) state that if the BILLING CODE 3510–DS–P Decision Memorandum is a public
Department has reason to believe that a document and is on file electronically
suspension agreement no longer meets via Enforcement and Compliance’s AD
DEPARTMENT OF COMMERCE and Countervailing Duty (CVD)
the requirements of section 734(d) of the
Act, including if suspension of the International Trade Administration Centralized Electronic Service System
investigation is no longer in the ‘‘public (ACCESS). ACCESS is available to
interest,’’ it will publish a notice registered users at http://
[A–570–831] access.trade.gov and in the Central
inviting comment on the suspension
agreement. Based on the request to Records Unit, room B8024 of the main
Fresh Garlic From the People’s
terminate, we find that the requirements Department of Commerce building. In
Republic of China: Final Results of the
of 19 CFR 351.209(c)(1) have been met, addition, a complete version of the
Changed Circumstances Review
and as such, are issuing this notice to Issues and Decision Memorandum can
seek comments to determine if AGENCY: Enforcement and Compliance, be accessed directly at http://
suspension of the investigation is no International Trade Administration, enforcement.trade.gov/frn/index.html.
longer in the ‘‘public interest.’’ Department of Commerce. The signed Issues and Decision
Although the domestic interested Memorandum and the electronic
SUMMARY: On June 30, 2015, the version of the Issues and Decision
parties alleged that Severstal may have
Department of Commerce (Department) Memorandum are identical in content.
violated the terms of the Agreement, we
published a notice of preliminary
are not soliciting comments on the Scope of the Order
results of a changed circumstance
alleged violation.
review (CCR) of the antidumping duty The products covered by the order are
The Department will make its (AD) order on fresh garlic from the all grades of garlic, whole or separated
determination and if appropriate, take People’s Republic of China (PRC) 1 in into constituent cloves, whether or not
necessary action, in accordance with response to a request from Jining peeled, fresh, chilled, frozen, water or
section 734(i) of the Act and 19 CFR Yongjia Trade Co., Ltd. (Yongjia), an other neutral substance, but not
351.209(c). Further, in making our exporter of fresh and peeled garlic from prepared or preserved by the addition of
determination, the Department will the PRC.2 Yongjia requested that the other ingredients or heat processing.
consider imports into the United States Department determine that Jinxiang The subject garlic is currently
from all sources of the merchandise, as County Shanfu Frozen Co., Ltd. (Shanfu classifiable under subheadings:
described in Section A of the II), Yongjia’s supplier of garlic, is the 0703.20.0000, 0703.20.0010,
Agreement. We also will consider successor-in-interest to Yongjia’s garlic 0703.20.0015, 0703.20.0020,
factors including, but not limited to, the supplier (Shanfu I) during its new 0703.20.0090, 0710.80.7060,
following: volume of trade, pattern of shipper review (NSR). In the 0710.80.9750, 0711.90.6000,
trade, whether or not the reseller is an Preliminary Results, the Department 0711.90.6500, 2005.90.9500,
original equipment manufacturer, and found that Shanfu II is not the 2005.90.9700, 2005.99.9700, and of the
the reseller’s export price. See successor-in-interest to Shanfu I, and, as Harmonized Tariff Schedule of the
Agreement, Section B. such, is subject to the PRC-wide entity United States (HTSUS). While the
Public Comment cash deposit rate with respect to entries HTSUS subheadings are provided for
of subject merchandise. Based on our convenience and customs purposes, the
Interested parties may submit analysis of the comments from the written description of the scope of the
comments on whether the Agreement is parties, we continue to find that Shanfu
in the public interest via Enforcement & 3 See Memorandum from Christian Marsh, Deputy
Compliance’s Antidumping and Assistant Secretary for Antidumping and
parties in the Central Records Unit, room 7046 of Countervailing Duty Operations, to Ronald K.
Countervailing Duty Centralized the main Department of Commerce building. Lorentzen, Acting Assistant Secretary for
tkelley on DSK3SPTVN1PROD with NOTICES
Electronic Service System (‘‘ACCESS’’) 1 See Antidumping Duty Order: Fresh Garlic from
Enforcement and Compliance, regarding ‘‘Decision
no later than 30 days after the date of the People’s Republic of China, 59 FR 59209 Memorandum for the Final Results of the
(November 16, 1994) (Order). Antidumping Duty Changed Circumstances Review
publication of this notice by 5 p.m. 2 See Fresh Garlic from the People’s Republic of of Fresh Garlic from the People’s Republic of China:
Eastern Daylight Time.2 Rebuttal China: Preliminary Results of the Changed Jining Yongjia Trade Co., Ltd. and Jinxiang County
Circumstances Review of Jining Yongjia Trade Co., Shanfu Frozen Co., Ltd.,’’ dated concurrently with
2 ACCESS is available to registered users at Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., and adopted by this notice (Issues and Decision
http://access.trade.gov, and is available to all 80 FR 37222 (June 30, 2015) (Preliminary Results). Memorandum).
VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1](https://thefederalregister.org/doc/80_FR_57763/page/2.svg)
Document Created: 2018-02-26 10:18:18
Document Modified: 2018-02-26 10:18:18
| 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 | |
| Action | Invitation for Comment on Antidumping Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from the Russian Federation. | |
| Dates | Effective: September 24, 2015. | |
| Contact | Sally C. Gannon or Julie H. Santoboni, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-3063, respectively. | |
| FR Citation | 80 FR 57578 |
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