81 FR 22211 - Silicomanganese From Ukraine: Notice of Rescission of Antidumping Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 73 (April 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 73 (April 15, 2016)
| Page Range | 22211-22212 | |
| FR Document | 2016-08787 |
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)] [Notices] [Pages 22211-22212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08787] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-823-805] Silicomanganese From Ukraine: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On August 3, 2015, the Department of Commerce (the Department) published in the Federal Register a notice of ``Opportunity to Request Administrative Review'' of the antidumping duty order on silicomanganese from Ukraine for the period of review (POR), August 1, 2014, through July 31, 2015.\1\ On September 3, 2015, we received an untimely-filed request \2\ for an administrative review from two Ukrainian producers and/or exporters of silicomanganese, JSC Zaporizhya Ferroalloy Plant (ZFP) and JSC Nikopol Ferroalloy Plant (NFP), requesting an administrative review of exports of subject merchandise for the period of September 1, 2014, through August 31, 2015. On September 21, 2015, we received comments from a domestic interested party, Eramet Marietta, Inc. (Eramet), objecting to initiation and placing on the record certain import statistics stating that there were no entries of subject merchandise from Ukraine during the period of review. --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 80 FR 45952 (August 3, 2015) (August 2015 Opportunity Notice). \2\ The Ukrainian producers' September 3, 2015, request for an administrative review was untimely under 19 CFR 351.213(b) and 19 CFR 351.302(d) because we did not receive it during the anniversary month of August 2015, as required by the regulations and specified in the August 2015 Opportunity Notice. --------------------------------------------------------------------------- On October 6, 2015, the Department initiated the administrative review of the antidumping duty order on silicomanganese from Ukraine with respect to ZFP and NFP for the POR, August 1, 2014, through July 31, 2015,\3\ notwithstanding the untimely nature of the Ukrainian producers' request for review. --------------------------------------------------------------------------- \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 60356 (October 6, 2015). --------------------------------------------------------------------------- In accordance with our practice, we requested information from U.S. Customs and Border Protection (CBP) concerning imports of subject merchandise from these companies during the POR. We received the requested CBP information, which showed that neither ZFP nor NFP had suspended entries of subject merchandise during the POR. On October 6, 2015, we documented this finding and invited comments from interested parties regarding this CBP query result.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to the File, ``Silicomanganese from Ukraine-- U.S. Customs and Border Protection (CBP) Data'' dated October 6, 2015. --------------------------------------------------------------------------- On October 19, 2015, we received comments from domestic interested parties, Eramet and Felman Production, LLC (collectively, U.S. producers). On October 20, 2015, we received comments from ZFP and NFP (Ukrainian producers). ZFP's and NFP's October 20, 2015, submission contained documentation establishing that both companies made both a sale and an entry of subject merchandise in August 2015. Because there is no evidence that there were entries of subject merchandise into the United States from Ukraine during the POR, on November 17, 2015, the Department placed a memorandum on the record notifying interested parties of its intent to rescind the 2014-2015 administrative review of silicomanganese from Ukraine, and invited comments.\5\ In its November 17, 2015, memorandum, the Department rejected the Ukrainian producers' arguments that the Department provided defective or inadequate notice concerning the correct anniversary month of the antidumping duty order on silicomanganese from Ukraine, and found no basis to alter the POR to capture the Ukrainian producers' entries [[Page 22212]] of subject merchandise made after the POR.\6\ --------------------------------------------------------------------------- \5\ See Memorandum to James Maeder, Senior Director for AD/CVD Operations, Office I, ``2014-2015 Antidumping Duty Administrative Review of Silicomanganese from Ukraine; Intent to Rescind Administrative Review'' dated November 17, 2015. \6\ Id. --------------------------------------------------------------------------- On November 24, 2015, we received comments from ZFP and NFP. On November 30, 2015, we received rebuttal comments from U.S. producers. Rescission of Review It is the Department's practice to rescind an administrative review pursuant to 19 CFR 351.213(d)(3) when there are no suspended entries of subject merchandise during the POR from the country in question.\7\ At the end of an administrative review, all suspended entries during the POR for the parties under review are liquidated at the assessment rate computed in the final results of review.\8\ Therefore, since the purpose of an administrative review is to assess antidumping duties, there must be a suspended AD/CVD entry to be liquidated at the newly calculated assessment rate. As discussed in the Decision Memorandum accompanying this notice,\9\ we find that, because there were no entries of subject merchandise during the POR from Ukraine, we are rescinding the 2014-2015 administrative review of the antidumping duty order on silicomanganese from Ukraine, pursuant to 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- \7\ See, e.g., Certain Frozen Warmwater Shrimp From Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 32498 (June 1, 2012). \8\ See 19 CFR 351.212(b)(l). \9\ See Memorandum to James Maeder, Senior Director for AD/CVD Operations, Office I, ``2014-2015 Antidumping Duty Administrative Review of Silicomanganese from Ukraine; Rescission of Administrative Review'' dated concurrently with this notice (Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised by parties in this administrative review are addressed in the accompanying Decision Memorandum, which is adopted by this notice. The 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 to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Decision Memorandum are identical in content. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 7, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-08787 Filed 4-14-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices 22211
current zone includes the following via www.trade.gov/ftz. For further there were no entries of subject
sites: Site 1 (534 acres)—Oneida County information, contact Elizabeth merchandise from Ukraine during the
Airport Industrial Park, Oneida County Whiteman at Elizabeth.Whiteman@ period of review.
Airport, Oriskany; Site 2 (412 acres)— trade.gov or (202) 482–0473. On October 6, 2015, the Department
West Rome Industrial Park, 1 Success Dated: April 12, 2016. initiated the administrative review of
Dr, Rome; Site 2a (100 acres)—Griffiss Andrew McGilvray, the antidumping duty order on
Business & Technology Park Hanger silicomanganese from Ukraine with
Executive Secretary.
Road, Rome; Site 3 (100 acres)— respect to ZFP and NFP for the POR,
Boonville Industrial Park, Industrial [FR Doc. 2016–08791 Filed 4–14–16; 8:45 am]
August 1, 2014, through July 31, 2015,3
Road, Boonville; Site 4 (82 acres)—Utica BILLING CODE 3510–DS–P
notwithstanding the untimely nature of
Business Park, Business Park Drive, the Ukrainian producers’ request for
Utica; and, Site 5 (52 acres)—East review.
Arterial Industrial Park, Dwyer Avenue, DEPARTMENT OF COMMERCE
Utica. The zone also includes Subzone In accordance with our practice, we
International Trade Administration requested information from U.S.
172A (Oneida Ltd.) with three sites in
Sherrill and Oneida, New York. [A–823–805] Customs and Border Protection (CBP)
The grantee’s proposed service area concerning imports of subject
under the ASF would be Oneida Silicomanganese From Ukraine: Notice merchandise from these companies
County, New York, as described in the of Rescission of Antidumping Duty during the POR. We received the
application. If approved, the grantee Administrative Review requested CBP information, which
would be able to serve sites throughout showed that neither ZFP nor NFP had
AGENCY: Enforcement and Compliance, suspended entries of subject
the service area based on companies’ International Trade Administration,
needs for FTZ designation. The merchandise during the POR. On
Department of Commerce. October 6, 2015, we documented this
application indicates that the proposed
FOR FURTHER INFORMATION CONTACT: finding and invited comments from
service area is within and adjacent to
Dmitry Vladimirov or Minoo Hatten, interested parties regarding this CBP
the Syracuse, New York Customs and
AD/CVD Operations, Office I, query result.4
Border Protection port of entry.
The applicant is requesting authority Enforcement and Compliance,
On October 19, 2015, we received
to renumber existing Site 2a as Site 6 International Trade Administration,
comments from domestic interested
and to include the renumbered Site 6 as U.S. Department of Commerce, 1401
parties, Eramet and Felman Production,
a ‘‘magnet’’ site, as well as to remove Constitution Avenue NW., Washington,
LLC (collectively, U.S. producers). On
Sites 1, 2, 3, 4, 5 and Subzone 172A. DC 20230; telephone: (202) 482–0665,
October 20, 2015, we received
The ASF allows for the possible and (202) 482–1690, respectively.
comments from ZFP and NFP
exemption of one magnet site from the SUPPLEMENTARY INFORMATION: (Ukrainian producers). ZFP’s and NFP’s
‘‘sunset’’ time limits that generally Background October 20, 2015, submission contained
apply to sites under the ASF, and the documentation establishing that both
applicant proposes that Site 6 be so On August 3, 2015, the Department of
companies made both a sale and an
exempted. The applicant is also Commerce (the Department) published
entry of subject merchandise in August
requesting approval of the following in the Federal Register a notice of
2015.
magnet site: Proposed Site 7 (316.5 ‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order Because there is no evidence that
acres)—Marcy Nanocenter at SUNYIT, there were entries of subject
5737 Marcy-SUNYIT Parkway, Marcy, on silicomanganese from Ukraine for the
period of review (POR), August 1, 2014, merchandise into the United States from
Oneida County.
through July 31, 2015.1 On September 3, Ukraine during the POR, on November
In accordance with the FTZ Board’s
2015, we received an untimely-filed 17, 2015, the Department placed a
regulations, Elizabeth Whiteman of the
request 2 for an administrative review memorandum on the record notifying
FTZ Staff is designated examiner to
from two Ukrainian producers and/or interested parties of its intent to rescind
evaluate and analyze the facts and
exporters of silicomanganese, JSC the 2014–2015 administrative review of
information presented in the application
Zaporizhya Ferroalloy Plant (ZFP) and silicomanganese from Ukraine, and
and case record and to report findings
JSC Nikopol Ferroalloy Plant (NFP), invited comments.5 In its November 17,
and recommendations to the FTZ Board.
Public comment is invited from requesting an administrative review of 2015, memorandum, the Department
interested parties. Submissions shall be exports of subject merchandise for the rejected the Ukrainian producers’
addressed to the FTZ Board’s Executive period of September 1, 2014, through arguments that the Department provided
Secretary at the address below. The August 31, 2015. On September 21, defective or inadequate notice
closing period for their receipt is June 2015, we received comments from a concerning the correct anniversary
14, 2016. Rebuttal comments in domestic interested party, Eramet month of the antidumping duty order on
response to material submitted during Marietta, Inc. (Eramet), objecting to silicomanganese from Ukraine, and
the foregoing period may be submitted initiation and placing on the record found no basis to alter the POR to
during the subsequent 15-day period to certain import statistics stating that capture the Ukrainian producers’ entries
June 29, 2016.
3 See Initiation of Antidumping and
A copy of the application will be 1 See Antidumping or Countervailing Duty Order,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Finding, or Suspended Investigation; Opportunity Countervailing Duty Administrative Reviews, 80 FR
available for public inspection at the 60356 (October 6, 2015).
to Request Administrative Review, 80 FR 45952
Office of the Executive Secretary, (August 3, 2015) (August 2015 Opportunity Notice). 4 See Memorandum to the File, ‘‘Silicomanganese
Foreign-Trade Zones Board, Room 2 The Ukrainian producers’ September 3, 2015, from Ukraine—U.S. Customs and Border Protection
21013, U.S. Department of Commerce, request for an administrative review was untimely (CBP) Data’’ dated October 6, 2015.
1401 Constitution Avenue NW., under 19 CFR 351.213(b) and 19 CFR 351.302(d) 5 See Memorandum to James Maeder, Senior
because we did not receive it during the anniversary Director for AD/CVD Operations, Office I, ‘‘2014–
Washington, DC 20230–0002, and in the month of August 2015, as required by the 2015 Antidumping Duty Administrative Review of
‘‘Reading Room’’ section of the FTZ regulations and specified in the August 2015 Silicomanganese from Ukraine; Intent to Rescind
Board’s Web site, which is accessible Opportunity Notice. Administrative Review’’ dated November 17, 2015.
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![22212 Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
of subject merchandise made after the This notice is published in merchandise is currently classifiable
POR.6 accordance with section 751 of the under the Harmonized Tariff Schedule
On November 24, 2015, we received Tariff Act of 1930, as amended, and 19 of the United States (HTSUS)
comments from ZFP and NFP. On CFR 351.213(d)(4). subheading 2922.49.4020. The HTSUS
November 30, 2015, we received Dated: April 7, 2016. subheading is provided for convenience
rebuttal comments from U.S. producers. Christian Marsh,
and customs purposes only; the written
product description of the scope of the
Rescission of Review Deputy Assistant Secretary for Antidumping
order is dispositive.2
and Countervailing Duty Operations.
It is the Department’s practice to
[FR Doc. 2016–08787 Filed 4–14–16; 8:45 am] Methodology
rescind an administrative review
BILLING CODE 3510–DS–P The Department is conducting this
pursuant to 19 CFR 351.213(d)(3) when
there are no suspended entries of review in accordance with section
subject merchandise during the POR 751(a)(1)(B) of the Tariff Act of 1930, as
DEPARTMENT OF COMMERCE amended (the Act). For a full
from the country in question.7 At the
end of an administrative review, all International Trade Administration description of the methodology
suspended entries during the POR for underlying our conclusions, see
the parties under review are liquidated [A–570–836] Preliminary Decision Memorandum.
at the assessment rate computed in the This memorandum is a public
final results of review.8 Therefore, since Glycine From the People’s Republic of document and is on file electronically
the purpose of an administrative review China: Preliminary Results of via Enforcement and Compliance’s
is to assess antidumping duties, there Antidumping Duty Administrative Antidumping and Countervailing Duty
must be a suspended AD/CVD entry to Review; 2014–2015 Centralized Electronic Service System
be liquidated at the newly calculated (ACCESS). ACCESS is available to
AGENCY: Enforcement and Compliance,
assessment rate. As discussed in the registered users at http://
International Trade Administration,
Decision Memorandum accompanying access.trade.gov and is available to all
Department of Commerce.
this notice,9 we find that, because there parties in the Central Records Unit,
SUMMARY: The Department of Commerce Room B8024 of the main Department of
were no entries of subject merchandise
during the POR from Ukraine, we are (the Department) is conducting an Commerce building. In addition, a
rescinding the 2014–2015 administrative review of the complete version of the Issues and
administrative review of the antidumping duty order on glycine from Decision Memorandum can be accessed
antidumping duty order on the People’s Republic of China (PRC). directly at http://enforcement.trade.gov/
silicomanganese from Ukraine, pursuant The period of review (POR) is March 1, frn/. The signed and the electronic
to 19 CFR 351.213(d)(3). 2014, through February 28, 2015. This versions of the memorandum are
review covers five companies, Baoding identical in content.
Analysis of Comments Received Mantong Fine Chemistry Co., Ltd.
(Baoding Mantong), Nutracare Background
All issues raised by parties in this
administrative review are addressed in International (Nutracare), Ravi On April 30, 2015, in accordance with
the accompanying Decision Industries (Ravi), Kumar Industries section 751(a) of the Act, the
Memorandum, which is adopted by this (Kumar), and Rudraa International Department published in the Federal
notice. The Decision Memorandum is a (Rudraa). The Department preliminarily Register a notice of initiation of this
public document and is on file finds that these five companies did not antidumping duty administrative
electronically via Enforcement and have reviewable entries during the POR. review.3 For a detailed background
Compliance’s Antidumping and We invite interested parties to comment discussion, see Preliminary Decision
Countervailing Duty Centralized on these preliminary results. Memorandum.
Electronic Service System (ACCESS). DATES: Effective Date: April 15, 2016.
Preliminary Results of Review
ACCESS is available to registered users FOR FURTHER INFORMATION CONTACT:
at http://access.trade.gov, and to all Dena Crossland or Brian Davis, AD/CVD The Department preliminarily
parties in the Central Records Unit, Operations, Office VI, Enforcement and determines that Baoding Mantong,
room B8024 of the main Department of Compliance, International Trade Kumar, Nutracare, Ravi, and Rudraa did
Commerce building. In addition, a Administration, U.S. Department of not have reviewable transactions of
complete version of the Decision Commerce, 14th Street and Constitution subject merchandise during the POR.
Memorandum can be accessed directly Avenue NW., Washington, DC 20230; Disclosure and Public Comment
on the internet at http:// telephone: (202) 482–3362 or (202) 482–
Interested parties are invited to
enforcement.trade.gov/frn/index.html. 7924, respectively.
comment on the preliminary results and
The signed and electronic versions of
Scope of the Order may submit case briefs and/or written
the Decision Memorandum are identical
comments, filed electronically using
in content. The product covered by the
ACCESS, within 30 days of the date of
antidumping duty order is glycine,
publication of this notice, pursuant to
6 Id. which is a free-flowing crystalline
19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
7 See, e.g., Certain Frozen Warmwater Shrimp material, like salt or sugar.1 The subject
asabaliauskas on DSK3SPTVN1PROD with NOTICES
From Brazil: Notice of Rescission of Antidumping limited to issues raised in the case
Duty Administrative Review, 77 FR 32498 (June 1, 1 See ‘‘Decision Memorandum for the Preliminary
2012). Results of Antidumping Duty Administrative Memorandum), for a complete description of the
8 See 19 CFR 351.212(b)(l).
Review: Glycine from the People’s Republic of scope of the order.
9 See Memorandum to James Maeder, Senior 2 See Glycine from the People’s Republic of
China; 2014–2015’’ from Christian Marsh, Deputy
Director for AD/CVD Operations, Office I, ‘‘2014– Assistant Secretary for Antidumping and China: Antidumping Duty Order, 60 FR 16116
2015 Antidumping Duty Administrative Review of Countervailing Duty Operations, to Ronald K. (March 29, 1995).
Silicomanganese from Ukraine; Rescission of Lorentzen, Acting Assistant Secretary for 3 See Initiation of Antidumping and
Administrative Review’’ dated concurrently with Enforcement and Compliance, dated concurrently Countervailing Duty Administrative Reviews, 80 FR
this notice (Decision Memorandum). with this notice (Preliminary Decision 24233 (April 30, 2015).
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Document Created: 2016-04-15 00:55:47
Document Modified: 2016-04-15 00:55:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Dmitry Vladimirov or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665, and (202) 482-1690, respectively. | |
| FR Citation | 81 FR 22211 |
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