80 FR 73722 - Certain Iron Mechanical Transfer Drive Components From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 227 (November 25, 2015)
International Trade Administration
Federal Register Volume 80, Issue 227 (November 25, 2015)
| Page Range | 73722-73726 | |
| FR Document | 2015-29945 |
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)] [Notices] [Pages 73722-73726] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29945] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-031] Certain Iron Mechanical Transfer Drive Components From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: November 17, 2015. FOR FURTHER INFORMATION CONTACT: Trisha Tran or Robert Galantucci at (202) 482-4852 or (202) 482-2923, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION The Petition On October 28, 2015, the Department of Commerce (Department) received a countervailing duty (CVD) petition concerning certain iron mechanical transfer drive components (iron transfer drive components) from the People's Republic of China (the PRC), filed in proper form on behalf of TB Wood's Incorporated (Petitioner). The CVD petition was accompanied by an antidumping duty (AD) petition concerning imports of iron transfer drive components from the PRC and Canada.\1\ Petitioner is a domestic producer of iron transfer drive components.\2\ --------------------------------------------------------------------------- \1\ See ``Petition for the Imposition of Antidumping and Countervailing Duties: Certain Iron Mechanical Transfer Drive Components from Canada and the People's Republic of China,'' dated October 28, 2015 (Petition). \2\ See Volume I of the Petition, at 2, and Exhibits I-3 and I- 4. --------------------------------------------------------------------------- On November 3, 2015 and November 6, 2015, the Department requested information and clarification for certain areas of the Petition.\3\ Petitioner filed responses to these requests on November 5, 2015 and November 10, 2015.\4\ --------------------------------------------------------------------------- \3\ See Letter from the Department, ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Iron Mechanical Transfer Drive Components from Canada and the People's Republic of China: Supplemental Questions,'' dated November 3, 2015 (General Issues Questionnaire); see also Letter from the Department, ``Petition for the Imposition of Countervailing Duties on Imports of Certain Iron Mechanical Transfer Drive Components from the People's Republic of China: Supplemental Questions,'' dated November 3, 2015; see also Letter from the Department, ``Petition for the Imposition of Countervailing Duties on Imports of Certain Iron Mechanical Transfer Drive Components from the People's Republic of China: Supplemental Questionnaire,'' dated November 6, 2015. \4\ See Letter from Petitioner, ``Response to the Department's November 3, 2015 Supplemental Questions Regarding Volume I of the Petition for the Imposition of Countervailing Duties,'' dated November 5, 2015, covering volume I (General Issues Supplement); see also ``Response to the Department's November 3, 2015 Supplemental Questions Regarding Volume IV of the Petition for the Imposition of Countervailing Duties,'' dated November 5, 2015, covering volume IV of the Petition (CVD Supplement); ``Response to the Department's November 6, 2015 Supplemental Questions Regarding Volume I of the Petition for the Imposition of Countervailing Duties,'' dated November 10, 2015, covering volume IV of the Petition (General Issues Second Supplement). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of China (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) to imports of iron transfer drive components from the PRC and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs in the PRC on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioner supporting its allegation. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because Petitioner is an interested party as defined in section 771(9)(C) of the Act. The Department also finds that Petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that Petitioner is requesting.\5\ --------------------------------------------------------------------------- \5\ See the ``Determination of Industry Support for the Petition'' section below. --------------------------------------------------------------------------- Period of Investigation The period of the investigation is January 1, 2014, through December 31, 2014.\6\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.204(b)(2). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is iron transfer drive components from the PRC. For a full description of the scope of this investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.\7\ --------------------------------------------------------------------------- \7\ See General Issues Questionnaire; see also General Issues Supplement. --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations,\8\ we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties, and if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public [[Page 73723]] information. In order to facilitate preparation of its questionnaire, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, December 8, 2015, which is the first business day after 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, December 18, 2015, which is 10 calendar days after the initial comments deadline. --------------------------------------------------------------------------- \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). --------------------------------------------------------------------------- The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the record of the concurrent AD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\9\ 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 18022, 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. --------------------------------------------------------------------------- \9\ See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook% 20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOC of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD petition. As the GOC did not request consultations prior to the initiation of this investigation, the Department and the GOC did not hold consultations. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\10\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\11\ --------------------------------------------------------------------------- \10\ See section 771(10) of the Act. \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, Petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that iron transfer drive components constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.\12\ --------------------------------------------------------------------------- \12\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Certain Iron Mechanical Transfer Drive Components from the People's Republic of China (PRC CVD Checklist) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Iron Mechanical Transfer Drive Components from Canada and the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether Petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. To establish industry support, Petitioner provided its production of the domestic like product in 2014, as well as estimated total production of the domestic like product for the entire domestic industry.\13\ We relied on data Petitioner provided for purposes of measuring industry support.\14\ --------------------------------------------------------------------------- \13\ See Volume I of the Petition, at 3-4 and Exhibits I-4 through I-7. \14\ Id. For further discussion, see PRC CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- On November 12, 2015, we received comments on industry support from Baldor Electric Company (Baldor) \15\ and Caterpillar, Inc. (Caterpillar).\16\ Baldor also indicated that it opposes the Petition.\17\ Petitioner responded to the letters from Baldor and Caterpillar on November 16, 2015.\18\ Baldor filed two additional submissions regarding industry support on November 16, [[Page 73724]] 2015.\19\ Petitioner provided additional responses to Baldor's arguments on November 17, 2015.\20\ For further discussion of these comments, see the PRC CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- \15\ See Letter from Baldor Electric Company, dated November 12, 2015. \16\ See Letter from Caterpillar, Inc., filed on November 12, 2015. We note that this letter is dated November 11, 2015, but was received by the Department on November 12, 2015. \17\ See Letter from Baldor Electric Company, dated November 12, 2015, at 15. \18\ See Letter from Petitioner, dated November 16, 2015. \19\ See Letters from Baldor Electric Company, dated November 16, 2015. \20\ See Letter from Petitioner, dated November 17, 2015. --------------------------------------------------------------------------- Our review of the data provided in the Petition; General Issues Supplement; letters from Baldor, Caterpillar, and Petitioner; and other information readily available to the Department indicates that Petitioner has established industry support.\21\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\22\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\23\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\24\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \21\ See PRC CVD Initiation Checklist, at Attachment II. \22\ See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist, at Attachment II. \23\ See PRC CVD Initiation Checklist, at Attachment II. \24\ Id. --------------------------------------------------------------------------- The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.\25\ --------------------------------------------------------------------------- \25\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, Petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\26\ --------------------------------------------------------------------------- \26\ See General Issues Supplement, at 12-13 and Exhibit I-S3. --------------------------------------------------------------------------- Petitioner contends that the industry's injured condition is illustrated by eroded domestic output and shipments; underselling and price suppression or depression; declining financial performance; negative impacts to employment; and lost sales and revenues.\27\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.\28\ --------------------------------------------------------------------------- \27\ See Volume I of the Petition, at 16-17, 22-44 and Exhibits I-4, I-10 through I-13, and I-15 through I-23; see also General Issues Supplement, at 12-13 and Exhibit I-S3. \28\ See PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Iron Mechanical Transfer Drive Components from Canada and the People's Republic of China. --------------------------------------------------------------------------- Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party filed a CVD petition on behalf of an industry that: (1) Alleges elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to Petitioner supporting the allegations. Petitioner alleges that producers/exporters of iron transfer drive components in the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of iron transfer drive components from the PRC receive countervailable subsidies from the GOC. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.\29\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\30\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.\31\ --------------------------------------------------------------------------- \29\ See Trade Preferences Extension Act of 2015, Pub. L. 114- 27, 129 Stat. 362 (2015). \30\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \31\ Id. at 46794-95. --------------------------------------------------------------------------- Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on 39 of the 40 alleged programs in the PRC.\32\ For a full discussion of the basis for our decision to initiate or not initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. --------------------------------------------------------------------------- \32\ Petitioner initially alleged 39 subsidy programs. See Volume IV of the Petition, at 7-92. In response to a Department questionnaire, the final number of programs alleged increased to 40. See CVD Supplement at 9-12. --------------------------------------------------------------------------- In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection Petitioner named 36 companies as producers/exporters of iron transfer drive components from the PRC.\33\ Following standard practice in CVD investigations, the Department would normally select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of iron transfer drive components during the period of investigation under the appropriate HTSUS numbers listed in the scope in Appendix I, below. However, CBP data has been reported in [[Page 73725]] mixed units of quantity and, thus, it is problematic for the Department use this data for respondent selection purposes. Accordingly, we intend to issue quantity and value (Q&V) questionnaires to each potential respondent and base respondent selection on the responses received. In addition, the Department will post the Q&V questionnaire along with filing instructions on the Enforcement and Compliance Web site at http://www.trade.gov/enforcement/news.asp. --------------------------------------------------------------------------- \33\ See General Issues Second Supplement, at Exhibit 1; see also Volume I of the Petition, at Exhibit I-11. --------------------------------------------------------------------------- Exporters and producers of iron transfer drive components from the PRC that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy from the Enforcement and Compliance Web site. The Q&V response must be submitted by all PRC exporters/producers no later than December 1, 2015, which is two weeks from the signature date of this notice. All Q&V responses must be filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS, by 5 p.m. ET by the date noted above. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of iron transfer drive components from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\34\ A negative ITC determination will result in the investigation being terminated; \35\ otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \34\ See section 703(a)(2) of the Act. \35\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- 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 this investigation. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, 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 19 CFR 351.301 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 this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\36\ 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.\37\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \36\ See section 782(b) of the Act. \37\ 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 published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation 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 issued and published pursuant to sections 702 and 777(i) of the Act. Dated: November 17, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are iron mechanical transfer drive components, whether finished or unfinished (i.e., blanks or castings). Subject iron mechanical transfer drive components are in the form of wheels or cylinders with a center bore hole that may have one or more grooves or teeth in their outer circumference that guide or mesh with a flat or ribbed belt or like device and are often referred to as sheaves, pulleys, flywheels, flat pulleys, idlers, conveyer pulleys, synchronous sheaves, and timing pulleys. The products covered by this investigation also include bushings, which are iron mechanical transfer drive components in the form of a cylinder and which fit into the bore holes of other mechanical transfer drive components to lock them into drive shafts by means of elements such as teeth, bolts, or screws. [[Page 73726]] Iron mechanical transfer drive components subject to this investigation are those not less than 4.00 inches (101 mm) in the maximum nominal outer diameter. Unfinished iron mechanical transfer drive components (i.e., blanks or castings) possess the approximate shape of the finished iron mechanical transfer drive component and have not yet been machined to final specification after the initial casting, forging or like operations. These machining processes may include cutting, punching, notching, boring, threading, mitering, or chamfering. Subject merchandise includes iron mechanical transfer drive components as defined above that have been finished or machined in a third country, including but not limited to finishing/machining processes such as cutting, punching, notching, boring, threading, mitering, or chamfering, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the iron mechanical transfer drive components. Subject iron mechanical transfer drive components are covered by the scope of the investigation regardless of width, design, or iron type (e.g., gray, white, or ductile iron). Subject iron mechanical transfer drive components are covered by the scope of the investigation regardless of whether they have non-iron attachments or parts and regardless of whether they are entered with other mechanical transfer drive components or as part of a mechanical transfer drive assembly (which typically includes one or more of the iron mechanical transfer drive components identified above, and which may also include other parts such as a belt, coupling and/or shaft). When entered as a mechanical transfer drive assembly, only the iron components that meet the physical description of covered merchandise are covered merchandise, not the other components in the mechanical transfer drive assembly (e.g., belt, coupling, shaft). For purposes of this investigation, a covered product is of ``iron'' where the article has a carbon content of 1.7 percent by weight or above, regardless of the presence and amount of additional alloying elements. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 8483.30.8090, 8483.50.6000, 8483.50.9040, 8483.50.9080, 8483.90.3000, 8483.90.8080. Covered merchandise may also enter under the following HTSUS subheadings: 7325.10.0080, 7325.99.1000, 7326.19.0010, 7326.19.0080, 8431.31.0040, 8431.31.0060, 8431.39.0010, 8431.39.0050, 8431.39.0070, 8431.39.0080, and 8483.50.4000. These HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. [FR Doc. 2015-29945 Filed 11-24-15; 8:45 am] BILLING CODE 3510-DS-P
![73722 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
Subject merchandise includes iron FOR FURTHER INFORMATION CONTACT: (the Act), Petitioner alleges that the
mechanical transfer drive components as Trisha Tran or Robert Galantucci at Government of China (GOC) is
defined above that have been finished or (202) 482–4852 or (202) 482–2923, AD/ providing countervailable subsidies
machined in a third country, including but
CVD Operations, Enforcement and (within the meaning of sections 701 and
not limited to finishing/machining processes
such as cutting, punching, notching, boring, Compliance, International Trade 771(5) of the Act) to imports of iron
threading, mitering, or chamfering, or any Administration, U.S. Department of transfer drive components from the PRC
other processing that would not otherwise Commerce, 14th Street and Constitution and that such imports are materially
remove the merchandise from the scope of Avenue NW., Washington, DC 20230. injuring, or threatening material injury
the investigations if performed in the country SUPPLEMENTARY INFORMATION to, an industry in the United States.
of manufacture of the iron mechanical Also, consistent with section 702(b)(1)
transfer drive components. The Petition of the Act, for those alleged programs in
Subject iron mechanical transfer drive On October 28, 2015, the Department the PRC on which we have initiated a
components are covered by the scope of the of Commerce (Department) received a CVD investigation, the Petition is
investigations regardless of width, design, or
countervailing duty (CVD) petition accompanied by information reasonably
iron type (e.g., gray, white, or ductile iron).
Subject iron mechanical transfer drive concerning certain iron mechanical available to Petitioner supporting its
components are covered by the scope of the transfer drive components (iron transfer allegation.
investigations regardless of whether they drive components) from the People’s The Department finds that Petitioner
have non-iron attachments or parts and Republic of China (the PRC), filed in filed the Petition on behalf of the
regardless of whether they are entered with proper form on behalf of TB Wood’s domestic industry because Petitioner is
other mechanical transfer drive components Incorporated (Petitioner). The CVD an interested party as defined in section
or as part of a mechanical transfer drive petition was accompanied by an 771(9)(C) of the Act. The Department
assembly (which typically includes one or antidumping duty (AD) petition also finds that Petitioner demonstrated
more of the iron mechanical transfer drive concerning imports of iron transfer sufficient industry support with respect
components identified above, and which may
drive components from the PRC and to the initiation of the CVD investigation
also include other parts such as a belt,
coupling and/or shaft). When entered as a Canada.1 Petitioner is a domestic that Petitioner is requesting.5
mechanical transfer drive assembly, only the producer of iron transfer drive
components.2 Period of Investigation
iron components that meet the physical
description of covered merchandise are On November 3, 2015 and November The period of the investigation is
covered merchandise, not the other 6, 2015, the Department requested January 1, 2014, through December 31,
components in the mechanical transfer drive information and clarification for certain 2014.6
assembly (e.g., belt, coupling, shaft). areas of the Petition.3 Petitioner filed
For purposes of these investigations, a Scope of the Investigation
responses to these requests on
covered product is of ‘‘iron’’ where the article November 5, 2015 and November 10, The product covered by this
has a carbon content of 1.7 percent by weight 2015.4 investigation is iron transfer drive
or above, regardless of the presence and In accordance with section 702(b)(1) components from the PRC. For a full
amount of additional alloying elements.
of the Tariff Act of 1930, as amended description of the scope of this
The merchandise covered by these
investigations is currently classifiable under investigation, see the ‘‘Scope of the
Harmonized Tariff Schedule of the United
1 See ‘‘Petition for the Imposition of Antidumping Investigation’’ in Appendix I of this
and Countervailing Duties: Certain Iron Mechanical notice.
States (‘‘HTSUS’’) subheadings 8483.30.8090, Transfer Drive Components from Canada and the
8483.50.6000, 8483.50.9040, 8483.50.9080, People’s Republic of China,’’ dated October 28, Comments on Scope of the Investigation
8483.90.3000, 8483.90.8080. Covered 2015 (Petition).
merchandise may also enter under the 2 See Volume I of the Petition, at 2, and Exhibits During our review of the Petition, the
following HTSUS subheadings: I–3 and I–4. Department issued questions to, and
7325.10.0080, 7325.99.1000, 7326.19.0010, 3 See Letter from the Department, ‘‘Petitions for
received responses from, Petitioner
7326.19.0080, 8431.31.0040, 8431.31.0060, the Imposition of Antidumping and Countervailing
Duties on Imports of Certain Iron Mechanical
pertaining to the proposed scope to
8431.39.0010, 8431.39.0050, 8431.39.0070, ensure that the scope language in the
Transfer Drive Components from Canada and the
8431.39.0080, and 8483.50.4000. These
People’s Republic of China: Supplemental Petition would be an accurate reflection
HTSUS subheadings are provided for Questions,’’ dated November 3, 2015 (General
convenience and customs purposes. The of the products for which the domestic
Issues Questionnaire); see also Letter from the
written description of the scope of the Department, ‘‘Petition for the Imposition of industry is seeking relief.7
investigations is dispositive. Countervailing Duties on Imports of Certain Iron As discussed in the preamble to the
[FR Doc. 2015–29985 Filed 11–24–15; 8:45 am]
Mechanical Transfer Drive Components from the Department’s regulations,8 we are
People’s Republic of China: Supplemental setting aside a period for interested
BILLING CODE 3510–DS–P Questions,’’ dated November 3, 2015; see also Letter
from the Department, ‘‘Petition for the Imposition parties to raise issues regarding product
of Countervailing Duties on Imports of Certain Iron coverage (i.e., scope). The Department
Mechanical Transfer Drive Components from the will consider all comments received
DEPARTMENT OF COMMERCE People’s Republic of China: Supplemental
Questionnaire,’’ dated November 6, 2015.
from interested parties, and if necessary,
International Trade Administration 4 See Letter from Petitioner, ‘‘Response to the will consult with interested parties prior
Department’s November 3, 2015 Supplemental to the issuance of the preliminary
[C–570–031] Questions Regarding Volume I of the Petition for determination. If scope comments
the Imposition of Countervailing Duties,’’ dated
Certain Iron Mechanical Transfer Drive November 5, 2015, covering volume I (General
include factual information (see 19 CFR
Components From the People’s Issues Supplement); see also ‘‘Response to the 351.102(b)(21)), all such factual
Republic of China: Initiation of
Department’s November 3, 2015 Supplemental information should be limited to public
tkelley on DSK3SPTVN1PROD with NOTICES
Questions Regarding Volume IV of the Petition for
Countervailing Duty Investigation the Imposition of Countervailing Duties,’’ dated 5 See the ‘‘Determination of Industry Support for
November 5, 2015, covering volume IV of the
AGENCY: Enforcement and Compliance, Petition (CVD Supplement); ‘‘Response to the the Petition’’ section below.
6 See 19 CFR 351.204(b)(2).
International Trade Administration, Department’s November 6, 2015 Supplemental
7 See General Issues Questionnaire; see also
Department of Commerce. Questions Regarding Volume I of the Petition for
the Imposition of Countervailing Duties,’’ dated General Issues Supplement.
DATES: Effective Date: November 17, November 10, 2015, covering volume IV of the 8 See Antidumping Duties; Countervailing Duties;
2015. Petition (General Issues Second Supplement). Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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![73726 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
Iron mechanical transfer drive components DEPARTMENT OF COMMERCE (59 FR 8685) and subsequently amended
subject to this investigation are those not less on April 10, 2008 (73 FR 19458).
than 4.00 inches (101 mm) in the maximum International Trade Administration A first Request for Panel Review was
nominal outer diameter. filed with the United States Section of
Unfinished iron mechanical transfer drive North American Free Trade Agreement, the NAFTA Secretariat, pursuant to
components (i.e., blanks or castings) possess Article 1904; NAFTA Panel Reviews; Article 1904 of the Agreement, on
the approximate shape of the finished iron First Request for Panel Review November 18, 2015, requesting a panel
mechanical transfer drive component and review of the determination and order
have not yet been machined to final
AGENCY: NAFTA Secretariat, United
States Section, International Trade described above.
specification after the initial casting, forging The Rules provide that:
or like operations. These machining Administration, Department of
Commerce. (a) A Party or interested person may
processes may include cutting, punching,
ACTION: Notice of first request for panel challenge the final determination in
notching, boring, threading, mitering, or
review. whole or in part by filing a Complaint
chamfering.
Subject merchandise includes iron
in accordance with Rule 39 within 30
mechanical transfer drive components as
SUMMARY: On November 18, 2015, Irving days after the filing of the first Request
defined above that have been finished or
Paper Limited filed a First Request for for Panel Review (the deadline for filing
machined in a third country, including but Panel Review with the United States a Complaint is December 18, 2015);
not limited to finishing/machining processes Section of the NAFTA Secretariat (b) a Party, investigating authority or
such as cutting, punching, notching, boring, pursuant to Article 1904 of the North interested person that does not file a
threading, mitering, or chamfering, or any American Free Trade Agreement. Also, Complaint but that intends to appear in
other processing that would not otherwise on November 18, 2015, additional support of any reviewable portion of the
remove the merchandise from the scope of Requests for Panel Review were filed on final determination may participate in
the investigation if performed in the country behalf of Resolute FP Canada Inc., Port the panel review by filing a Notice of
of manufacture of the iron mechanical Hawkesbury Paper LP, the Government Appearance in accordance with Rule 40
transfer drive components. of Canada and the Governments of the within 45 days after the filing of the first
Subject iron mechanical transfer drive Provinces of British Columbia, Ontario, Request for Panel Review (the deadline
components are covered by the scope of the New Brunswick, Nova Scotia and for filing a Notice of Appearance is
investigation regardless of width, design, or Québec. Panel Review was requested of January 4, 2016); and
iron type (e.g., gray, white, or ductile iron). the U.S. Department of Commerce’s (c) the panel review shall be limited
Subject iron mechanical transfer drive final affirmative countervailing duty to the allegations of error of fact or law,
components are covered by the scope of the determination regarding including the jurisdiction of the
investigation regardless of whether they have Supercalendered Paper from Canada. investigating authority, that are set out
non-iron attachments or parts and regardless This determination was published in in the Complaints filed in panel review
of whether they are entered with other the Federal Register (80 FR 63535), on and the procedural and substantive
mechanical transfer drive components or as October 20, 2015. The NAFTA defenses raised in the panel review.
part of a mechanical transfer drive assembly Secretariat has assigned Case Number
(which typically includes one or more of the Dated: November 19, 2015.
USA–CDA–2015–1904–01 to this Paul Morris,
iron mechanical transfer drive components
request.
identified above, and which may also include United States Secretary, NAFTA Secretariat.
other parts such as a belt, coupling and/or FOR FURTHER INFORMATION CONTACT: Paul [FR Doc. 2015–29959 Filed 11–24–15; 8:45 am]
shaft). When entered as a mechanical transfer Morris, United States Secretary, NAFTA BILLING CODE 3510–DS–P
drive assembly, only the iron components Secretariat, Suite 2061, 14th and
that meet the physical description of covered Constitution Avenue NW., Washington,
merchandise are covered merchandise, not DC 20230, (202)–482–5438. DEPARTMENT OF COMMERCE
the other components in the mechanical SUPPLEMENTARY INFORMATION: Chapter
transfer drive assembly (e.g., belt, coupling, 19 of the North American Free Trade International Trade Administration
shaft). Agreement (‘‘Agreement’’) established a
For purposes of this investigation, a [A–549–822]
mechanism to replace domestic judicial
covered product is of ‘‘iron’’ where the article review of final determinations in
has a carbon content of 1.7 percent by weight
Notice of Initiation and Preliminary
antidumping and countervailing duty Results of Antidumping Duty Changed
or above, regardless of the presence and
cases involving imports from a NAFTA Circumstances Review: Certain Frozen
amount of additional alloying elements.
The merchandise covered by this
country with review by independent Warmwater Shrimp From Thailand
investigation is currently classifiable under binational panels. When a Request for
Panel Review is filed, a panel is AGENCY: Enforcement and Compliance,
Harmonized Tariff Schedule of the United
established to act in place of national International Trade Administration,
States (‘‘HTSUS’’) subheadings 8483.30.8090,
courts to review expeditiously the final Department of Commerce.
8483.50.6000, 8483.50.9040, 8483.50.9080,
8483.90.3000, 8483.90.8080. Covered determination to determine whether it SUMMARY: In response to a request by
merchandise may also enter under the conforms to the antidumping or Thai Union Group Public Co., Ltd. (Thai
following HTSUS subheadings: countervailing duty law of the country Union Group), a producer/exporter of
7325.10.0080, 7325.99.1000, 7326.19.0010, that made the determination. certain frozen warmwater shrimp
7326.19.0080, 8431.31.0040, 8431.31.0060, Under Article 1904 of the Agreement, (shrimp) from Thailand, and pursuant to
8431.39.0010, 8431.39.0050, 8431.39.0070, which came into force on January 1, section 751(b) of the Tariff Act of 1930,
tkelley on DSK3SPTVN1PROD with NOTICES
8431.39.0080, and 8483.50.4000. These 1994, the Government of the United as amended (the Act), 19 CFR 351.216,
HTSUS subheadings are provided for States, the Government of Canada, and and 19 CFR 351.221(c)(3)(ii), the
convenience and customs purposes. The the Government of Mexico established Department of Commerce (the
written description of the scope of the Rules of Procedure for Article 1904 Department) is initiating a changed
investigation is dispositive. Binational Panel Reviews (‘‘Rules’’). circumstances review (CCR) of the
[FR Doc. 2015–29945 Filed 11–24–15; 8:45 am] These Rules were published in the antidumping duty (AD) order on shrimp
BILLING CODE 3510–DS–P Federal Register on February 23, 1994 from Thailand with regard to Thai
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Document Created: 2018-03-01 11:14:30
Document Modified: 2018-03-01 11:14:30
| 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 Date: November 17, 2015. | |
| Contact | Trisha Tran or Robert Galantucci at (202) 482-4852 or (202) 482-2923, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 80 FR 73722 |
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