80 FR 73726 - Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand
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 | 73726-73729 | |
| FR Document | 2015-29984 |
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)] [Notices] [Pages 73726-73729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29984] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-822] Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request by Thai Union Group Public Co., Ltd. (Thai Union Group), a producer/exporter of certain frozen warmwater shrimp (shrimp) from Thailand, and pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3)(ii), the Department of Commerce (the Department) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on shrimp from Thailand with regard to Thai [[Page 73727]] Union Group. Based on the information received, we preliminarily determine that Thai Union Group is the successor-in-interest to Thai Union Frozen Products Public Co., Ltd. (Thai Union Frozen) for purposes of determining AD liability. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: November 25, 2015. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Elizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5973 or (202) 482-3874, respectively. SUPPLEMENTARY INFORMATION: Background On February 1, 2005, the Department published in the Federal Register an AD order on certain frozen warmwater shrimp from Thailand.\1\ On September 17, 2015, Thai Union Group, a producer/ exporter of Thai shrimp covered by this order, changed its name from Thai Union Frozen to Thai Union Group. On October 5, 2015, Thai Union Group requested that the Department conduct an expedited changed circumstances review under section 751(b) of the Act, 19 CFR 351.216(c), and 19 CFR 351.221(c)(3)(ii).\2\ In this request, Thai Union Group asked the Department to determine that it is the successor- in-interest to Thai Union Frozen and, accordingly, to assign it the cash deposit rate of the Thai Union group of companies, of which Thai Union Frozen is a part.3 4 On October 8, 2015, we issued a supplemental questionnaire to Thai Union Group, to which the company responded on October 21, 2015.\5\ --------------------------------------------------------------------------- \1\ See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Thailand, 70 FR 5145 (February 1, 2005). \2\ See Letter from Thai Union Group, Re: ``Frozen Warmwater Shrimp from Thailand: Request for Expedited Changed Circumstances Review,'' dated October 5, 2015 (Thai Union CCR Request). \3\ Id. \4\ This group consists of Thai Union Frozen, Thai Union Seafood Co., Ltd., Pakfood Public Company Limited, Okeanos Co. Ltd., Okeanos Food Co., Ltd, Asia Pacific (Thailand) Co., Ltd., Chaophraya Cold Storage Co. Ltd., and Takzin Samut Co. Ltd. (collectively, ``Thai Union''). \5\ See Letter from Thai Union Group, Re: ``Frozen Warmwater Shrimp from Thailand: Changed Circumstances Review Supplemental Questionnaire Response,'' dated October 21, 2015 (CCR Supplemental Questionnaire Response). --------------------------------------------------------------------------- Scope of the Order The scope of this order includes certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off,\6\ deveined or not deveined, cooked or raw, or otherwise processed in frozen form. --------------------------------------------------------------------------- \6\ ``Tails'' in this context means the tail fan, which includes the telson and the uropods. --------------------------------------------------------------------------- The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not ``prepared meals,'' that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: (1) Breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell- on or peeled (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) certain battered shrimp. Battered shrimp is a shrimp-based product: (1) That is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between four and ten percent of the product's total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. When dusted in accordance with the definition of dusting above, the battered shrimp product is also coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by this order are currently classified under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope of this order is dispositive.\7\ --------------------------------------------------------------------------- \7\ On April 26, 2011, the Department amended the antidumping duty order to include dusted shrimp, pursuant to the U.S. Court of International Trade (CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International Trade Commission determination, which found the domestic like product to include dusted shrimp. See Certain Frozen Warmwater Shrimp from Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR 23277 (April 26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam (Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), USITC Publication 4221, March 2011). --------------------------------------------------------------------------- Initiation and Preliminary Results of Changed Circumstances Review Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), the Department will conduct a CCR upon receipt of a request from an interested party for a review of an AD order which shows changed circumstances sufficient to warrant a review of the order. The information submitted by Thai Union Group supporting its claim that it is the successor-in-interest to Thai Union Frozen demonstrates changed circumstances sufficient to warrant such a review.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.216(d). --------------------------------------------------------------------------- In accordance with the above-referenced regulation, the Department is [[Page 73728]] initiating a CCR to determine whether Thai Union Group is the successor-in-interest to Thai Union Frozen. When it concludes that expedited action is warranted, the Department may publish the notice of initiation and preliminary results for a CCR concurrently.\9\ We determined that expediting this CCR is warranted because we have the information necessary to make a preliminary finding already on the record, in accordance with our practice.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) (Pasta From Italy Preliminary Results) (unchanged in Certain Pasta From Italy: Final Results of Changed Circumstances Review, 80 FR 48807) (August 14, 2015) (Pasta From Italy Final Results). \10\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at 33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at 48807). --------------------------------------------------------------------------- In determining whether one company is the successor-in-interest to another, the Department examines a number of factors including, but not limited to, changes in management, production facilities, supplier relationships, and customer base.\11\ While no single factor or combination of these factors will necessarily provide a dispositive indication of a successor-in-interest relationship, the Department will generally consider the new company to be the successor to the previous company if the new company's resulting operation is not materially dissimilar to that of its predecessor.\12\ Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the prior company, the Department will assign the new company the cash deposit rate of its predecessor.\13\ --------------------------------------------------------------------------- \11\ See, e.g., Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010) (Shrimp From Thailand Preliminary Results) (unchanged in Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December 1, 2010) (Shrimp From Thailand Final Results)); and Industrial Phosphoric Acid From Israel: Final Results of Antidumping Duty Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994). \12\ See Shrimp From Thailand Preliminary Results, 75 FR at 61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at 74684). \13\ Id.; see also Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002); and Ball Bearings and Parts Thereof from France: Final Results of Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010). --------------------------------------------------------------------------- In its October 5 and October 21, 2015, submissions, Thai Union Group provided information to demonstrate that it is the successor-in- interest to Thai Union Frozen. Thai Union Group states that the company's management, production facilities and customer/supplier relationships have not changed as a result of the corporate name change. To support its claims, Thai Union Group submitted the following documents: (1) Resolutions passed at a board of directors' meeting for the company as well as shareholder meeting minutes, demonstrating approval of the name change; \14\ (2) a letter announcing the company's name change to its customers and suppliers; \15\ (3) two affidavits, both dated September 2015, from the Thai Ministry of Commerce's Department of Business Development, certifying that the directors and other business information appearing in the Thai company register for Thai Union Group and Thai Union Frozen are identical; \16\ (4) a list showing the management of Thai Union Frozen before, and Thai Union Group after, the name change; \17\ (5) a list showing the Board of Directors of Thai Union Frozen before, and Thai Union Group after, the name change; \18\ (6) Thai Union Frozen's 2014 audited financial statements; \19\ (7) a list of the suppliers of Thai Union Frozen before, and Thai Union Group after, the name change; \20\ and (8) a list of the customers of Thai Union Frozen before, and Thai Union Group after, the name change.\21\ --------------------------------------------------------------------------- \14\ See Thai Union CCR Request, at Exhibit 1. \15\ Id., at Exhibit 2. \16\ Id., at Exhibit 5; and CCR Supplemental Questionnaire Response, at Exhibit 2. \17\ See Thai Union CCR Request, at Exhibit 3. \18\ Id., at Exhibits 4 and 5. \19\ See CCR Supplemental Questionnaire Response, at Exhibit 3. \20\ See Thai Union CCR Request, at Exhibit 7. \21\ Id. --------------------------------------------------------------------------- Based on the evidence on the record, we preliminarily find that Thai Union Group is the successor-in-interest to Thai Union Frozen. We find that Thai Union Group operates as the same business entity as Thai Union Frozen and that its Board of Directors, management, production facilities, supplier relationships, and customers have not changed as a result of its name change. Thus, we preliminarily find that Thai Union Group should receive the same antidumping duty cash-deposit rate with respect to the subject merchandise as Thai Union Frozen, its predecessor company.\22\ --------------------------------------------------------------------------- \22\ Thai Union Frozen received a 1.10 percent dumping margin as part of Thai Union in the 2012-2013 administrative review of the AD order on shrimp from Thailand. See Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28, 2014) (corrected by Certain Frozen Warmwater Shrimp From Thailand: Notice of Correction to the Final Results of the 2012-2013 Antidumping Duty Administrative Review, 79 FR 62099 (October 16, 2014)). We note that Thai Union Frozen is also a respondent in the current 2014-2015 administrative review of this antidumping duty order. See Certain Frozen Warmwater Shrimp From India and Thailand: Notice of Initiation of Antidumping Duty Administrative Reviews, 80 FR 16634 (March 30, 2015). At the conclusion of this CCR, if we determine that Thai Union Group is the successor-in-interest to Thai Union Frozen, we will assign Thai Union Group an updated cash deposit rate based on the final results of that review. --------------------------------------------------------------------------- Should our final results remain the same as these preliminary results, we will instruct U.S. Customs and Border Protection to suspend entries of subject merchandise produced or exported by Thai Union Group at Thai Union Frozen's cash deposit rate, effective on the publication date of our final results. Public Comment Interested parties may submit case briefs and/or written comments not later than 14 days after the publication of this notice.\23\ Rebuttal briefs, which must be limited to issues raised in case briefs, may be filed not later than five days after the deadline for filing case briefs.\24\ Parties who submit case briefs or rebuttal briefs in this changed circumstance review are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Interested parties who wish to comment on the preliminary results must file briefs electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. An electronically-filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time on the date the document is due. --------------------------------------------------------------------------- \23\ See 19 CFR 351.309(c)(ii). \24\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Interested parties that wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, within 14 days of publication of this notice.\25\ Parties will be notified of the time and date of any hearing, if requested.\26\ --------------------------------------------------------------------------- \25\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general filing requirements. \26\ See 19 CFR 351.310. --------------------------------------------------------------------------- Consistent with 19 CFR 351.216(e), we intend to issue the final results of this changed circumstance review no later than 270 days after the date on which this review was initiated, or [[Page 73729]] within 45 days of publication of these preliminary results if all parties agree to our preliminary finding. We are issuing and publishing this finding and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3)(ii). Dated: November 17, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-29984 Filed 11-24-15; 8:45 am] BILLING CODE 3510-DS-P
![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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![Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73729
within 45 days of publication of these the Act, textile and apparel goods must For a fiber, yarn or fabric to be added
preliminary results if all parties agree to contain fibers, yarns, and fabrics to Appendix 4–B–1, an interested entity
our preliminary finding. produced in Korea or the United States must submit to CITA a Request for a
We are issuing and publishing this to receive duty-free tariff treatment. The Commercial Availability Determination
finding and notice in accordance with Agreement also provides for the (‘‘Request’’) which states that the subject
sections 751(b)(1) and 777(i)(1) of the establishment of a list of specific fibers, product is not commercially available in
Act and 19 CFR 351.216 and yarns, and fabrics that are not available the United States within a commercially
351.221(c)(3)(ii). in commercial quantities in a timely reasonable timeframe (i.e., timely). In
Dated: November 17, 2015. manner from producers in the United support of its claim, the requestor must
States. Articles containing these provide information to CITA regarding
Paul Piquado,
commercially unavailable fibers, yarns, its attempts to source the subject
Assistant Secretary for Enforcement and and fabrics are also entitled to duty-free product in the United States, and why
Compliance.
or preferential duty treatment despite it determined that the product is not
[FR Doc. 2015–29984 Filed 11–24–15; 8:45 am]
not being produced in the United States. available in a timely manner. Potential
BILLING CODE 3510–DS–P The list of commercially unavailable suppliers from the United States may
fabrics, yarns, and fibers may be submit a Response with an Offer to
changed pursuant to the commercial Supply (‘‘Response’’), asserting their
DEPARTMENT OF COMMERCE availability provision of the Agreement capability and capacity to supply the
and the Act. Under Section 202(o) of the subject product. These Responses must
International Trade Administration
Act (‘‘the commercial availability include information supporting the
Proposed Information Collection; provision’’), interested entities from capability and capacity assertion. If the
Comment Request; Interim Procedures Korea or the United States have the right requestor disputes a responder’s
for Considering Requests and to request that a specific fiber, yarn, or assertions, the requestor may submit a
Comments from the Public Under the fabric be added to, or removed from, the Rebuttal comment offering its
Commercial Availability Provision of list of commercially unavailable fibers, contention, along with supporting
the United States—Korea Free Trade yarns, and fabrics. This right becomes information and documentation.
Agreement effective when the Agreement enters The information collected by CITA
into force. from Requests, Responses and Rebuttals
AGENCY: International Trade Section 202(o)(3)(F) of the Act will be used to determine whether the
Administration requires that the President establish subject product is available in
ACTION: Notice. procedures for parties to follow when commercial quantities in a timely
exercising the right to make these manner in the United States under the
SUMMARY: The Department of requests. The President delegated the commercial availability provision of the
Commerce, as part of its continuing responsibility for publishing the Act. Requests, Responses, and Rebuttals
effort to reduce paperwork and procedures and administering must identify confidential information.
respondent burden, invites the general commercial availability requests to the Entities submitting confidential
public and other Federal agencies to Committee for the Implementation of information in their Requests,
take this opportunity to comment on Textile Agreements (CITA), which Responses, or Rebuttals to CITA must
proposed and/or continuing information issues procedures and acts on requests submit both a public and a confidential
collections, as required by the through the Office of Textiles and version of their submissions. If the
Paperwork Reduction Act of 1995. Apparel (‘‘OTEXA’’). submissions are accepted, the public
DATES: Written comments must be The intent of these procedures is to submissions or public versions of
submitted on or before January 25, 2016. foster the trade in U.S. and Korean submissions will be posted on the
textile and apparel articles by allowing dedicated commercial availability
ADDRESSES: Direct all written comments
non-originating fibers, yarns, and fabrics section of the Office of Textiles and
to Jennifer Jessup, Departmental to be placed on or removed from a list
Paperwork Clearance Officer, Apparel (OTEXA)’s Web site. Business
of items not available in commercial confidential information will not be
Department of Commerce, Room 6616, quantities, on a timely basis, and in a
14th and Constitution Avenue NW., shared with the public. Requestors and
manner that is consistent with normal potential suppliers of the product
Washington, DC 20230 (or via the business practice. To this end, these named in the Request may use the
Internet at JJessup@doc.gov). procedures are intended to facilitate the public version as a basis for Responses
FOR FURTHER INFORMATION CONTACT: transmission, on a timely basis, of and Rebuttals.
Requests for additional information or requests for commercial availability Each submission containing factual
copies of the information collection determinations and offers to supply the information for CITA’s consideration
instrument and instructions should be products that are the subject of the must be accompanied by the
directed to Maria D’Andrea, Office of requests; have the market indicate the appropriate certification regarding the
Textiles and Apparel, U.S. Department availability of the supply of the subject accuracy of the factual information.
of Commerce, Tel. (202) 482–1550, products; make available promptly, to With each electronic and original signed
Maria.D’Andrea@trade.gov. interested entities and parties, submission that contains factual
SUPPLEMENTARY INFORMATION: information received regarding the information, an interested entity must
requests for products and offers to file a certification of due diligence,
I. Abstract supply; ensure wide participation by attesting to the accuracy and
tkelley on DSK3SPTVN1PROD with NOTICES
The United States and Korea interested entities and parties; provide authenticity of the submission. If the
negotiated the U.S.-Korea Free Trade careful scrutiny of information provided interested entity has legal counsel or
Agreement (the ‘‘Agreement’’) which to substantiate order requests and other representative, the legal counsel or
was implemented into U.S. law responses of offers to supply; and other representative must also file a
pursuant to the United States-Korea provide timely public dissemination of certification of due diligence with each
Free Trade Agreement Implementation information used by CITA in making electronic and original signed
Act (‘‘the Act’’). Under the provisions of commercial availability determinations. submissions that contains factual
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Document Created: 2018-03-01 11:15:21
Document Modified: 2018-03-01 11:15:21
| 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 25, 2015. | |
| Contact | Dennis McClure or Elizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5973 or (202) 482-3874, respectively. | |
| FR Citation | 80 FR 73726 |
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