81 FR 21843 - Certain Steel Grating From the People's Republic of China: Preliminary Results of Antidumping Administrative Review and Preliminary Determination of No Shipments; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 71 (April 13, 2016)
International Trade Administration
Federal Register Volume 81, Issue 71 (April 13, 2016)
| Page Range | 21843-21845 | |
| FR Document | 2016-08500 |
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)] [Notices] [Pages 21843-21845] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08500] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-947] Certain Steel Grating From the People's Republic of China: Preliminary Results of Antidumping Administrative Review and Preliminary Determination of No Shipments; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective April 13, 2016. SUMMARY: The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on certain steel grating (``steel grating'') from the People's Republic of China (``PRC'') for the period of review (``POR'') July 1, 2014, through June 30, 2015. This review covers two PRC companies.\1\ The Department preliminarily finds that Ningbo Haitian has not demonstrated its eligibility for separate rate status and is, thus, part of the PRC-wide entity. The Department preliminarily finds that Yantai Xinke made no shipments of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results of review. --------------------------------------------------------------------------- \1\ The companies under review are Ningbo Haitian International Co., Ltd. (``Ningbo Haitian'') and Yantai Xinke Steel Structure Co., Ltd. (``Yantai Xinke''). --------------------------------------------------------------------------- [[Page 21844]] FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- --------------------------------------------------------------------------- 6412. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this administrative review on September 2, 2015.\2\ For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum,\3\ which is dated concurrently with, and hereby adopted by, this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Results Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 53106 (September 2, 2015) (``Initiation Notice''). \3\ See Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review of Certain Steel Grating from the People's Republic of China (``Preliminary Decision Memorandum''), from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. --------------------------------------------------------------------------- The Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government because of Snowstorm ``Jonas.'' Thus, all of the deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of review is now April 7, 2016.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Order The products covered by this order are certain steel grating, consisting of two or more pieces of steel, including load-bearing pieces and cross pieces, joined by any assembly process.\5\ This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under item number 7308.90.7000. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. --------------------------------------------------------------------------- \5\ For the full scope of the order, see Preliminary Decision Memorandum at 2-3. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a full discussion of the decisions taken in these preliminary results, see the Preliminary Decision Memorandum. Separate Rates Ningbo Haitian failed to submit a separate rate application or separate rate certification. Therefore, the Department preliminarily determines that Ningbo Haitian has not demonstrated its eligibility for a separate rate status and is part of the PRC-wide entity.\6\ The PRC- wide entity rate is 145.18 percent. --------------------------------------------------------------------------- \6\ See Initiation Notice, 80 FR 53106, 53107 (``All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification. . .''); Preliminary Decision Memorandum at 3. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Yantai Xinke submitted a timely-filed certification that it had no exports, sales, or entries of subject merchandise during the POR.\7\ Additionally, our inquiry to U.S. Customs and Border Protection (``CBP'') did not identify any POR entries of Yantai Xinke's subject merchandise. Based on the foregoing, the Department preliminarily determines that Yantai Xinke did not have any reviewable transactions during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ See Letter from Yantai Xinke to the Department, Re: ``Certain Steel Grating from the People's Republic of China: A-570- 947; No Shipment Certification,'' dated September 30, 2015. --------------------------------------------------------------------------- Consistent with our practice in NME cases, the Department is not rescinding this administrative review for Yantai Xinke, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.\8\ --------------------------------------------------------------------------- \8\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (``NME AD Assessment'') and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- Preliminary Results of Review The Department preliminarily determines that Ningbo Haitian is not eligible for separate rates status. Moreover, the Department preliminarily determines that Yantai Xinke did not have reviewable transactions during the POR. Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically using ACCESS, within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii).\9\ Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this review are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2). --------------------------------------------------------------------------- \9\ See also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties, who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. Electronically filed case briefs/ written comments and hearing requests must be received successfully in their entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\10\ Hearing requests should contain: (1) The party's name, address and telephone number; (2) The number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those issues raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Unless extended, the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. [[Page 21845]] Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\11\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate any entries of subject merchandise from Ningbo Haitian at 145.18 percent (the PRC-wide rate). --------------------------------------------------------------------------- \11\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- Additionally, pursuant to the Department's practice in NME cases, if we continue to determine that Yantai Xinke had no shipments of subject merchandise, any suspended entries of subject merchandise from Yantai Xinke will be liquidated at the PRC-wide rate.\12\ --------------------------------------------------------------------------- \12\ For a full discussion of this practice, see NME AD Assessment, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters, which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Ningbo Haitian, the cash deposit rate will be the PRC-wide rate of 145.18 percent; and (3) for all non-PRC exporters of subject merchandise, which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: April 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Results Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology Non-Market Economy Country Status PRC-wide Entity Preliminary Determination of No Shipments Recommendation [FR Doc. 2016-08500 Filed 4-12-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices 21843
advisory committee. The IAC shall Chairman, President, or comparable 6. The sponsoring entity’s size, place
advise the Secretary on U.S. government level of responsibility). of incorporation, product or service line,
policies and programs that affect FDI; Members shall serve in a major markets in which the entity
identify and recommend programs and representative capacity, representing the operates, and the entity’s export or
policies to help the United States attract views and interests of their sponsoring import experience.
and retain FDI; and recommend ways to entity and those of their particular 7. A profile of the entity’s foreign
support the position of the United States sector (if applicable). Members are not direct investment activities, including
as the world’s preeminent destination special government employees and will investment activities, investment plans,
for FDI. The IAC shall act as a liaison receive no compensation for their investment-facilitation activities, or
among the stakeholders represented by participation in IAC activities. Members other foreign direct investment
the membership and shall provide a will not be reimbursed for travel activities.
forum for the stakeholders on current expenses related to IAC activities. 8. Brief statement describing how the
and emerging issues regarding FDI. The Appointments to the IAC shall be made applicant will contribute to the work of
IAC shall report to the Secretary on its without regard to political affiliation. the IAC based on his or her unique
activities and recommendations Because the IAC will advise the experience and perspective (not to
regarding FDI. In creating its reports, the Secretary on U.S. international exceed 100 words).
IAC should survey and evaluate the competitiveness in attracting and 9. All relevant contact information,
investment and investment-facilitating retaining FDI, each member must be a including mailing address, fax, email,
activities of stakeholders, should U.S. national. phone number, and support staff
identify and examine specific problems Each member shall be appointed for a information where relevant.
facing potential foreign investors, and term of two years and will serve at the Dated: April 7, 2016.
should examine the needs of pleasure of the Secretary. The Secretary
stakeholders to inform the IAC’s efforts. Li Zhou,
may at his/her discretion reappoint any
The IAC should recommend specific Deputy Director, Office of Advisory
member to an additional term or terms, Committees & Industry Outreach.
solutions to the problems and needs that provided that the member proves to
it identifies. [FR Doc. 2016–08499 Filed 4–12–16; 8:45 am]
work effectively on the IAC and that
The IAC shall consist of no more than his/her knowledge and advice is still BILLING CODE 3510–DR–P
twenty members appointed by the needed.
Secretary. Members shall represent The Secretary shall designate a Chair
companies and organizations investing, DEPARTMENT OF COMMERCE
and Vice Chair from among the
seeking to invest, seeking foreign members.
investors, or facilitating investment International Trade Administration
The IAC will meet a minimum of two
across many sectors, including but not [A–570–947]
times a year with, to the extent
limited to:
U.S.-incorporated companies that are practical, additional meetings called at
the discretion of the Secretary or his/her Certain Steel Grating From the
majority-owned by foreign companies or People’s Republic of China:
by a foreign individual or individuals, designee. Meetings will be held in
Washington, DC or elsewhere in the Preliminary Results of Antidumping
or that generate significant foreign direct Administrative Review and Preliminary
investment (e.g., through their supply United States, or by teleconference, as
feasible. Members are expected to attend Determination of No Shipments; 2014–
chains); 2015
U.S. companies or entities whose a majority of IAC meetings.
business includes FDI-related activities To be considered for membership, AGENCY: Enforcement and Compliance,
or the facilitation of FDI; and submit the following information by International Trade Administration,
Economic development organizations 5:00 p.m. EDT on May 10, 2016 to the Department of Commerce.
and other U.S. governmental and non- email address listed in the ADDRESSES DATES: Effective April 13, 2016.
governmental organizations and section:
1. Name and title of the individual SUMMARY: The Department of Commerce
associations whose missions or
requesting consideration. (‘‘Department’’) is conducting an
activities include the promotion or
2. A sponsor letter from the applicant administrative review of the
facilitation of FDI.
Members shall be selected based on on the sponsoring entity’s letterhead antidumping duty order on certain steel
their ability to carry out the objectives containing a brief statement of why the grating (‘‘steel grating’’) from the
of the IAC, in accordance with applicant should be considered for People’s Republic of China (‘‘PRC’’) for
applicable Department of Commerce membership on the IAC. This sponsor the period of review (‘‘POR’’) July 1,
guidelines, in a manner that ensures letter should also address the 2014, through June 30, 2015. This
that the IAC is balanced in terms of applicant’s experience and leadership review covers two PRC companies.1 The
points of view, demographics, industry related to foreign direct investment. Department preliminarily finds that
subsector, geography of the source and 3. The applicant’s personal resume Ningbo Haitian has not demonstrated its
the destination of the FDI, and company and short bio (less than 300 words). eligibility for separate rate status and is,
size. Members shall represent a broad 4. An affirmative statement that the thus, part of the PRC-wide entity. The
range of products and services and shall applicant meets all eligibility criteria, Department preliminarily finds that
be drawn from large, medium, and small including an affirmative statement that Yantai Xinke made no shipments of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
enterprises, private-sector organizations the applicant is not required to register subject merchandise during the POR.
involved in investment, and other as a foreign agent under the Foreign Interested parties are invited to
investment-related entities including Agents Registration Act of 1938, as comment on these preliminary results of
non-governmental organizations, amended. review.
associations, and economic 5. Information regarding the 1 The companies under review are Ningbo Haitian
development organizations. ownership and control of the sponsoring International Co., Ltd. (‘‘Ningbo Haitian’’) and
Priority may be given to executives entity, including the stock holdings as Yantai Xinke Steel Structure Co., Ltd. (‘‘Yantai
(Chief Executive Officer, Executive appropriate. Xinke’’).
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Assessment Rates reimbursement of antidumping duties ADDRESSES: Information in response to
Upon issuance of the final results, the occurred and the subsequent assessment this notice and requests for additional
Department will determine, and CBP of double antidumping duties. information about the Consortium can
shall assess, antidumping duties on all We are issuing and publishing these be directed via mail to Fahim Sadek,
appropriate entries covered by this results in accordance with sections NIST Consortium Manager, Engineering
review.11 The Department intends to 751(a)(1) and 777(i)(1) of the Act and 19 Laboratory, National Institute of
issue assessment instructions to CBP 15 CFR 351.213. Standards and Technology, 100 Bureau
days after the publication date of the Dated: April 6, 2016. Drive, Mail Stop 8611, Gaithersburg,
final results of this review. The Ronald K. Lorentzen, Maryland 20899, or via electronic mail
Department intends to instruct CBP to Acting Assistant Secretary for Enforcement to fahim.sadek@nist.gov.
liquidate any entries of subject and Compliance. FOR FURTHER INFORMATION CONTACT: For
merchandise from Ningbo Haitian at further information about partnership
Appendix
145.18 percent (the PRC-wide rate). opportunities or about terms and
Additionally, pursuant to the List of Topics Discussed in the Preliminary
conditions of NIST’s Cooperative
Department’s practice in NME cases, if Results Decision Memorandum
Research and Development Agreement
we continue to determine that Yantai Summary (CRADA), please contact Honeyeh Zube,
Xinke had no shipments of subject Background
Scope of the Order
CRADA and License Officer at the
merchandise, any suspended entries of National Institute of Standards and
subject merchandise from Yantai Xinke Discussion of the Methodology
Non-Market Economy Country Status Technology’s Technology Partnerships
will be liquidated at the PRC-wide Office, by written correspondence to
PRC-wide Entity
rate.12 Preliminary Determination of No Shipments 100 Bureau Drive, Mail Stop 2200,
Cash Deposit Requirements Recommendation Gaithersburg, Maryland 20899, by
The following cash deposit
[FR Doc. 2016–08500 Filed 4–12–16; 8:45 am] electronic mail to
requirements will be effective upon BILLING CODE 3510–DS–P honeyeh.zube@nist.gov, or by telephone
publication of the final results of this at (301) 975–2209.
administrative review for all shipments SUPPLEMENTARY INFORMATION: ASR is a
DEPARTMENT OF COMMERCE
of the subject merchandise entered, or concrete degradation mechanism in
withdrawn from warehouse, for National Institute of Standards and which the alkalis that are typically
consumption on or after the publication Technology found in Portland cement react with
date of the final results of review, as certain amorphous or micro-crystalline
provided by section 751(a)(2)(C) of the Nondestructive Evaluation Techniques siliceous phases in the aggregate and, in
Act: (1) For previously investigated or for Assessing Alkali-Silica Reaction the presence of moisture, form an
reviewed PRC and non-PRC exporters, Degradation of Concrete Consortium expansive gel. The gel generates
which are not under review in this macroscopic expansions within the
segment of the proceeding but which AGENCY: National Institute of Standards
and Technology, Commerce. concrete, which causes the concrete to
have separate rates, the cash deposit rate crack and change its mechanical
will continue to be the exporter-specific ACTION: Notice; request for information.
properties. NIST and the Nuclear
rate published for the most recent SUMMARY: The National Institute of Regulatory Commission (NRC) are
period; (2) for all PRC exporters of Standards and Technology (NIST) is engaged in ongoing research to develop
subject merchandise that have not been establishing the Non-destructive a standardized method for quantifying
found to be entitled to a separate rate, Evaluation Techniques for Assessing the degree of degradation resulting from
including Ningbo Haitian, the cash alkali-silica reaction (ASR) Degradation ASR. NIST’s research includes the
deposit rate will be the PRC-wide rate of Concrete Consortium (‘‘Consortium’’) construction of four large reinforced
of 145.18 percent; and (3) for all non- and invites organizations to participate concrete specimens with a length of 16
PRC exporters of subject merchandise, in this Consortium. The Consortium feet and a cross section of 3.5 feet by 6
which have not received their own rate, will examine non-destructive evaluation feet. Three of the specimens will be cast
the cash deposit rate will be the rate (NDE) technologies that can be used to with reactive aggregates resulting in
applicable to the PRC exporter(s) that determine the presence and the low-, mid-, and high-ASR expansion,
supplied that non-PRC exporter. These evolution of ASR in concrete members. while the fourth specimen will be cast
deposit requirements, when imposed, This notice is the initial step for the with non-reactive aggregates. The NIST
shall remain in effect until further Consortium to provide participants’ ASR Specimens will be conditioned in
notice. access to NIST concrete specimens a large curing chamber at the NIST,
Notification to Importers constructed as large reinforced concrete under controlled temperature and
blocks with ASR reactive aggregates humidity, for a duration of three (3)
This notice also serves as a years.
(‘‘NIST ASR Specimens’’). Participants
preliminary reminder to importers of
will use NIST ASR Specimens to The purpose of this Consortium is for
their responsibility under 19 CFR
determine whether NDE technologies participants to evaluate technologies
351.402(f)(2) to file a certificate
are effective in identifying and that can be used to quantify the
regarding the reimbursement of
quantifying degree of expansion and magnitude and evolution of expansion
asabaliauskas on DSK3SPTVN1PROD with NOTICES
antidumping duties prior to liquidation
degradation of concrete members due to and degradation in structural concrete
of the relevant entries during this
ASR. Participation in this Consortium is members. The intent is for eligible
review period. Failure to comply with
open to all eligible organizations, as participants to use the NIST ASR
this requirement could result in the
described below. Specimens as a testbed, free of charge,
Department’s presumption that
DATES: NIST will accept responses for for experimenting with various non-
11 See
19 CFR 351.212(b)(1). participation in this Consortium from invasive, non-destructive techniques to
12 For
a full discussion of this practice, see NME prospective participants until May 13, detect and monitor the progress of the
AD Assessment, 76 FR 65694 (October 24, 2011). 2016. concrete degradation over time.
VerDate Sep<11>2014 17:41 Apr 12, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\13APN1.SGM 13APN1](https://thefederalregister.org/doc/81_FR_21914/page/3.svg)
Document Created: 2016-04-13 03:11:37
Document Modified: 2016-04-13 03:11:37
| 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 April 13, 2016. | |
| Contact | Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- | |
| FR Citation | 81 FR 21843 |
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