81_FR_27500 81 FR 27412 - Certain Hot-Rolled Carbon Steel Flat Products From India: Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act

81 FR 27412 - Certain Hot-Rolled Carbon Steel Flat Products From India: Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 88 (May 6, 2016)

Page Range27412-27414
FR Document2016-10765

On April 18, 2016, the U.S. Trade Representative (USTR) instructed the Department of Commerce (the Department) to implement its determinations under section 129 of the Uruguay Round Agreements Act (URAA), regarding several countervailing duty (CVD) administrative reviews, which render them not inconsistent with the World Trade Organization (WTO) dispute settlement findings in United States-- Countervailing Duty Measures on Certain Hot-Rolled Carbon Steel Flat Products from India--(DS436).\1\ The Department issued its final determinations in these section 129 proceedings on April 18, 2015. The Department is now implementing these final determinations. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 88 (Friday, May 6, 2016)
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27412-27414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10765]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Certain Hot-Rolled Carbon Steel Flat Products From India: 
Implementation of Determinations Under Section 129 of the Uruguay Round 
Agreements Act

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 18, 2016, the U.S. Trade Representative (USTR) 
instructed the Department of Commerce (the Department) to implement its 
determinations under section 129 of the Uruguay Round Agreements Act 
(URAA), regarding several countervailing duty (CVD) administrative 
reviews, which render them not inconsistent with the World Trade 
Organization (WTO) dispute settlement findings in United States--

[[Page 27413]]

Countervailing Duty Measures on Certain Hot-Rolled Carbon Steel Flat 
Products from India--(DS436).\1\ The Department issued its final 
determinations in these section 129 proceedings on April 18, 2015. The 
Department is now implementing these final determinations.
---------------------------------------------------------------------------

    \1\ See Memorandum to the File, ``Hot-Rolled Carbon Steel Flat 
Products from India, Section 129 Determination (DS436) Placement of 
Letter from the United States Trade Representative (USTR) to the 
Secretary of Commerce (dated April 18, 2016),'' (April 25, 2016).

---------------------------------------------------------------------------
DATES: Effective April 18, 2016.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, Patricia Tran, or 
Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6071, (202) 482-1503, or (202) 482-7851, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 23, 2015, the Department informed interested parties 
that it was initiating proceedings under section 129 of the URAA to 
implement the findings of the WTO dispute settlement panel in DS436.\2\ 
Specifically, the Department issued preliminary determinations 
regarding: (1) Facts Available; \3\ and (2) Other Issues.\4\
---------------------------------------------------------------------------

    \2\ See Certain Hot-Rolled Carbon Steel Flat Products from 
India: Notice of Commencement of Compliance Proceedings Pursuant to 
Section 129 of the Uruguay Round Agreements Act, 80 FR 57336 
(September 23, 2015).
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129(b) Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Preliminary 
Determinations of Facts Available,'' (March 17, 2016).
    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129 Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Preliminary 
Determination on Other Issues,'' (March 18, 2016).
---------------------------------------------------------------------------

    The Department invited interested parties to comment on the section 
129 preliminary determinations.\5\ After receiving comments, rebuttal 
comments, and a hearing on April 8, 2016, the Department issued the 
final determination on April 14, 2016.\6\
---------------------------------------------------------------------------

    \5\ See Department Memorandum to the File, ``Section 129 
Proceedings: United States--Countervailing Duty (CVD) Measures on 
Certain Hot-Rolled Carbon Steel Products from India (WTO/DS436): 
Schedule for written argument and a hearing,'' (March 21, 2016).
    \6\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129 Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Final Determination,'' 
(April 14, 2016).
---------------------------------------------------------------------------

    On April 18, 2016, USTR notified the Department that, consistent 
with section 129(b)(3) of the URAA, consultations with the Department 
and the appropriate congressional committees with respect to the April 
14, 2016, determination have been completed. Also on April 18, 2016, in 
accordance with section 129(b)(4) of the URAA, USTR directed the 
Department to implement these determinations.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that ``notwithstanding any provision of 
the Tariff Act of 1930,'' upon a written request from USTR, the 
Department shall issue a determination that would render its actions 
not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body.\7\ The Statement of Administrative Action, U.R.A.A., H. 
Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a 
determination by the Department as a ``new,'' ``second,'' and 
``different'' determination.\8\ After consulting with the Department 
and the appropriate congressional committees, USTR may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129 of the URAA.\9\ Pursuant to section 129(c) of 
the URAA, the new determination shall apply with respect to 
unliquidated entries of the subject merchandise that are entered or 
withdrawn from warehouse, for consumption, on or after the date on 
which USTR directs the Department to implement the new 
determination.\10\ The new determination is subject to judicial review, 
separate and apart from judicial review of the Department's original 
determination.\11\
---------------------------------------------------------------------------

    \7\ See 19 U.S.C. 3538(b)(2).
    \8\ See SAA at 1025, 1027.
    \9\ See 19 U.S.C. 3538(b)(4).
    \10\ See 19 U.S.C. 3538(c).
    \11\ See 19 U.S.C. 1516(a)(2)(B)(vii).
---------------------------------------------------------------------------

Final Determinations: Analysis of Comments Received

    The issues raised in the comments and rebuttal comments submitted 
by interested parties to these proceedings are addressed in the final 
determination. The issues included in the respective final 
determinations are as follows: (1) Ocean Freight; (2) Whether the CVD 
Rate Determined for JSW in the Department's 129 Proceeding Supersedes 
the Amended Final Results for JSW for the 2006 Administrative Review; 
(3) JSW's Cash Deposit Rate for Future Entries of Hot-rolled Carbon 
Steel Flat Products From India; (4A) Iron Ore Benchmarks: Tier I 
Benchmarks; (4B) Iron Ore Benchmarks: NMDC's export price to Japan; (5) 
NMDC as a Public Body; (6) Mining Rights of Iron Ore; (7) Mining of 
Coal; (8) Administration of Section 129 Proceeding; and (9) Specificity 
of Sale of High-Grade Iron Ore by NMDC. The final determination 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 is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, complete versions of the final determinations can be 
accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed version of the final determination and the 
electronic version of the final determinations are identical in 
content.

Final Determinations: Recalculated Countervailing Duty Rates

    The recalculated CVD rates are listed below. As indicated, we made 
changes to the net subsidy rates in certain segments.\12\ The net 
subsidy rates for the remaining CVD segments in DS436 are unchanged.
---------------------------------------------------------------------------

    \12\ See Final Results of Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products From India, 73 
FR 40295 (July 14, 2008) (2006 Final Results); Final Results of 
Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon 
Steel Flat Products From India, 74 FR 20923 (May 6, 2009); (2007 
Final Results); and Final Results of Countervailing Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
From India, 75 FR 43488 (July 26, 2010) (2008 Final Results).

[[Page 27414]]



 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2006 Final
                                 Results
------------------------------------------------------------------------
                                       CVD rate
        Exporter/producer           (administrative    Revised CVD rate
                                        review)
------------------------------------------------------------------------
JSW Steel Ltd...................         \13\ 484.41              215.54
Tata Steel Ltd..................               27.22               18.81
Essar Steel India Limited \14\..               17.50               15.40
Ispat Industries Ltd............               15.27               14.82
------------------------------------------------------------------------


 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2007 Final
                                 Results
------------------------------------------------------------------------
                                      CVD rate
       Exporter/producer          (administrative      Revised CVD rate
                                      review)
------------------------------------------------------------------------
Essar Steel India Limited \15\               76.88                68.77
------------------------------------------------------------------------


 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2008 Final
                                 Results
------------------------------------------------------------------------
                                      CVD rate
       Exporter/producer          (administrative      Revised CVD rate
                                      review)
------------------------------------------------------------------------
Tata Steel Ltd \16\...........         \17\ 577.28               140.18
------------------------------------------------------------------------

Implementation of the Revised Cash Deposit Requirements
---------------------------------------------------------------------------

    \13\ Pursuant to a litigation settlement, the Department 
published an amended final results; instructed U.S. Customs and 
Border Protection (CBP) requiring the liquidation of entries during 
the 2006 POR at 76.88 percent; and issued instructions to CBP 
establishing the future cash deposit rate for JSW Steel Ltd. at the 
rate of 76.88 percent. See Certain Hot-Rolled Carbon Steel Flat 
Products From India: Amended Final Results of Countervailing Duty 
Administrative Review Pursuant to Court Decision, 75 FR 80455 
(December 22, 2010).
    \14\ In the 2006 Final Results, Essar Steel India Limited was 
referred to as Essar Steel Ltd.
    \15\ In the 2007 Final Results, Essar Steel India Limited was 
referred to as Essar Steel Ltd.
    \16\ In the 2008 Final Results, Tata Steel Ltd. was referred to 
as Tata Steel Limited.
    \17\ Pursuant to a litigation settlement, the Department 
published an amended final; calculated the total amount of duties 
due on the three entries covered by the litigation based on 102.74 
percent and issue instructions to U.S. Customs and Border Protection 
(CBP) requiring the total amount of duties due to be assessed on the 
remaining two entries; and issue instructions to CBP establishing 
the future cash deposit rate for Tata Steel Ltd. at the rate of 
102.74 percent. See Certain Hot-Rolled Carbon Steel Flat Products 
From India: Amended Final Results of Countervailing Duty 
Administrative Review Pursuant to Court Decision, 76 FR 77775 
(December 14, 2011).
---------------------------------------------------------------------------

    On April 18, 2016, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA and after consulting with the Department and 
Congress, USTR directed the Department to implement these final 
determinations. With respect to each of these segments, the Department 
will instruct U.S. Customs and Border Protection to require a cash 
deposit for estimated countervailing duties at the appropriate rate for 
each exporter/producer specified above, for entries of subject 
merchandise, entered or withdrawn from warehouse, for consumption, on 
or after April 18, 2016. This notice of implementation of these section 
129 final determination is published in accordance with section 
129(c)(2)(A) of the URAA.

    Dated: April 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10765 Filed 5-5-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    27412                             Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices

                                                    Review. An Export Trade Certificate of                     AARQ’s amendment of its Export                        22. Riceland Foods, Inc., Stuttgart,
                                                    Review protects the holder and the                      Trade Certificate of Review results in                Arkansas.
                                                    members identified in the Certificate                   the following entities as Members under                  23. Riviana Foods Inc., Houston,
                                                    from State and Federal government                       the Certificate:                                      Texas (a subsidiary of Ebro Foods, S.A.
                                                    antitrust actions and from private treble                  1. ADM Latin, Inc., Decatur, Illinois,             (Spain)), for the activities of itself and
                                                    damage antitrust actions for the export                 ADM Grain Company, Decatur, Illinois,                 its subsidiary, American Rice, Inc.,
                                                    conduct specified in the Certificate and                and ADM Rice, Inc., Tarrytown, New                    Houston, Texas.
                                                    carried out in compliance with its terms                York (subsidiaries of Archer Daniels                     24. Sinamco Trading Inc.,
                                                    and conditions. The regulations                         Midland Company).                                     Minneapolis, Minnesota.
                                                    implementing Title III are found at 15                     2. American Commodity Company,                        25. SunFoods LLC, Woodland,
                                                    CFR part 325 (2016).                                    LLC, Williams, California.                            California.
                                                       OTEA is issuing this notice pursuant                    3. Associated Rice Marketing                          26. SunWest Foods, Inc., Davis,
                                                    to 15 CFR 325.6(b), which requires the                  Cooperative (ARMCO), Richvale,                        California.
                                                    Secretary of Commerce to publish a                      California.                                              27. The Sun Valley Rice Co., LLC,
                                                    summary of the certification in the                        4. Bunge Milling, Saint Louis,                     Arbuckle, California.
                                                    Federal Register. Under Section 305(a)                  Missouri (a subsidiary of Bunge North                    28. TRC Trading Corporation,
                                                    of the Act and 15 CFR 325.11(a), any                    America, White Plains, New York), dba                 Roseville, California (a subsidiary of
                                                    person aggrieved by the Secretary’s                     PIRMI (Pacific International Rice Mills),             TRC Group Inc., Roseville, California)
                                                    determination may, within 30 days of                    Woodland, California.                                 and its subsidiary Gulf Rice Arkansas II,
                                                    the date of this notice, bring an action                   5. Cargill Americas, Inc., and its                 LLC, Crawfordsville, Arkansas.
                                                    in any appropriate district court of the                subsidiary CAI Trading, LLC, Coral                       29. Trujillo & Sons, Inc., Miami,
                                                    United States to set aside the                          Gables, Florida.                                      Florida.
                                                    determination on the ground that the                       6. Farmers’ Rice Cooperative,                         30. Veetee Foods Inc., Islandia, New
                                                    determination is erroneous.                             Sacramento, California.                               York (a subsidiary of Veetee
                                                                                                               7. Farmers Rice Milling Company,                   Investments Corporation (Bahamas)).
                                                    Description of Amended Certificate                      Inc., Lake Charles, Louisiana.                           31. Wehah Farm, Inc., dba Lundberg
                                                       AARQ’s Export Trade Certificate of                      8. Far West Rice, Inc., Durham,                    Family Farms, Richvale, California.
                                                    Review has been amended to make the                     California.                                              No change is has been made regarding
                                                    following changes to the list of Members                   9. Gulf Pacific Rice Co., Inc., Houston,           the Export Trade, Export Trade
                                                    covered by the Certificate:                             Texas; Gulf Rice Milling, Inc., Houston,              Activities or Methods of Operation
                                                       1. Deleting the following Members                    Texas; and Harvest Rice, Inc., McGehee,               covered by the Certificate.
                                                    from its Certificate:                                   Arkansas (each a subsidiary of Gulf                      The amended Certificate of Review is
                                                       a. Family & Sons, Inc., Miami, Florida               Pacific, Inc., Houston, Texas).                       effective from January 11, 2016, the date
                                                       b. Noble Logistics USA, Inc., Portland,                 10. Gulf Pacific Disc, Inc., Houston,              on which the application for an
                                                          Oregon                                            Texas.                                                amendment was deemed submitted.
                                                       c. Rickmers Rice USA, Inc., Knoxville,                  11. Itochu International Inc., Portland,
                                                          Tennessee                                         Oregon (a subsidiary of Itochu                          Dated: May 3, 2016.
                                                       d. Texana Rice, Inc., Louise, Texas                  Corporation (Japan)).                                 Joseph E. Flynn,
                                                       2. Changing Nishimoto Trading Co.,                      12. Interra International, LLC, Chapel             Director, Office of Trade and Economic
                                                    Ltd., Santa Fe Springs, California (a                   Hill, North Carolina.                                 Analysis.
                                                    subsidiary of Nishimoto Trading                            13. JFC International Inc., Los                    [FR Doc. 2016–10711 Filed 5–5–16; 8:45 am]
                                                    Company, Ltd. (Japan) to Nishimoto                      Angeles, California (a subsidiary of                  BILLING CODE 3510–DR–P
                                                    Trading Co., Ltd. dba Wismettac Asian                   Kikkoman Corp.).
                                                    Foods, Santa Fe Springs, California (a                     14. JIT Products, Inc., Davis,
                                                    subsidiary of Nishimoto Trading                         California.                                           DEPARTMENT OF COMMERCE
                                                    Company, Ltd. (Japan).                                     15. Kennedy Rice Dryers, L.L.C., Mer
                                                       3. Changing PS International, LLC dba                Rouge, Louisiana.                                     International Trade Administration
                                                    PS International Ltd., Chapel Hill, North                  16. Kitoku America, Inc., Burlingame,              [C–533–821]
                                                    Carolina (jointly owned by Seaboard                     California (a subsidiary of Kitoku
                                                    Corporation, Kansas City, Missouri and                  Shinryo Co., Ltd. (Japan)).                           Certain Hot-Rolled Carbon Steel Flat
                                                    PS Trading Inc., Chapel Hill, North                        17. LD Commodities Rice                            Products From India: Implementation
                                                    Carolina) to Interra International, LLC,                Merchandising LLC, Wilton,                            of Determinations Under Section 129
                                                    Chapel Hill, North Carolina.                            Connecticut, and LD Commodities                       of the Uruguay Round Agreements Act
                                                       4. Changing TRC Trading Corporation,                 Interior Rice Merchandising LLC,
                                                    Roseville, California (a subsidiary of                  Kansas City, Missouri (subsidiaries of                AGENCY:  Enforcement and Compliance,
                                                    TRC Group Inc., Roseville, California)                  Louis Dreyfus Commodities LLC,                        International Trade Administration,
                                                    and its subsidiary Gulf Rice Arkansas II,               Wilton, Connecticut).                                 Department of Commerce.
                                                    LLC, Houston, Texas to TRC Trading                         18. Louisiana Rice Mill, LLC,                      SUMMARY: On April 18, 2016, the U.S.
                                                    Corporation, Roseville, California (a                   Mermentau, Louisiana.                                 Trade Representative (USTR) instructed
                                                    subsidiary of TRC Group Inc., Roseville,                   19. Nidera US LLC, Wilton,                         the Department of Commerce (the
                                                    California) and its subsidiary Gulf Rice                Connecticut (a subsidiary of Nidera BV                Department) to implement its
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Arkansas II, LLC, Crawfordsville,                       (Netherlands)).                                       determinations under section 129 of the
                                                    Arkansas.                                                  20. Nishimoto Trading Co., Ltd. dba                Uruguay Round Agreements Act
                                                       5. Changing Veetee Rice, Inc., Great                 Wismettac Asian Foods, Santa Fe                       (URAA), regarding several
                                                    Neck, New York (a subsidiary of Veetee                  Springs, California (a subsidiary of                  countervailing duty (CVD)
                                                    Investments Corporation (Bahamas)) to                   Nishimoto Trading Company, Ltd.                       administrative reviews, which render
                                                    Veetee Foods Inc., Islandia, New York (a                (Japan).                                              them not inconsistent with the World
                                                    subsidiary of Veetee Investments                           21. Producers Rice Mill, Inc.,                     Trade Organization (WTO) dispute
                                                    Corporation (Bahamas)).                                 Stuttgart, Arkansas.                                  settlement findings in United States—


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                                                                                      Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices                                                   27413

                                                    Countervailing Duty Measures on                         Department issued the final                           Final Determinations: Analysis of
                                                    Certain Hot-Rolled Carbon Steel Flat                    determination on April 14, 2016.6                     Comments Received
                                                    Products from India—(DS436).1 The                         On April 18, 2016, USTR notified the
                                                    Department issued its final                                                                                      The issues raised in the comments
                                                                                                            Department that, consistent with section              and rebuttal comments submitted by
                                                    determinations in these section 129
                                                                                                            129(b)(3) of the URAA, consultations                  interested parties to these proceedings
                                                    proceedings on April 18, 2015. The
                                                                                                            with the Department and the                           are addressed in the final determination.
                                                    Department is now implementing these
                                                                                                            appropriate congressional committees                  The issues included in the respective
                                                    final determinations.
                                                                                                            with respect to the April 14, 2016,                   final determinations are as follows: (1)
                                                    DATES:   Effective April 18, 2016.                      determination have been completed.                    Ocean Freight; (2) Whether the CVD
                                                                                                            Also on April 18, 2016, in accordance                 Rate Determined for JSW in the
                                                    FOR FURTHER INFORMATION CONTACT:    Eric
                                                                                                            with section 129(b)(4) of the URAA,                   Department’s 129 Proceeding
                                                    B. Greynolds, Patricia Tran, or Samuel
                                                                                                            USTR directed the Department to                       Supersedes the Amended Final Results
                                                    Brummitt, AD/CVD Operations, Office
                                                    III, Enforcement and Compliance,                        implement these determinations.                       for JSW for the 2006 Administrative
                                                    International Trade Administration,                     Nature of the Proceedings                             Review; (3) JSW’s Cash Deposit Rate for
                                                    U.S. Department of Commerce, 14th                                                                             Future Entries of Hot-rolled Carbon
                                                    Street and Constitution Avenue NW.,                        Section 129 of the URAA governs the                Steel Flat Products From India; (4A)
                                                    Washington, DC 20230; telephone: (202)                  nature and effect of determinations                   Iron Ore Benchmarks: Tier I
                                                    482–6071, (202) 482–1503, or (202) 482–                 issued by the Department to implement                 Benchmarks; (4B) Iron Ore Benchmarks:
                                                    7851, respectively.                                     findings by WTO dispute settlement                    NMDC’s export price to Japan; (5)
                                                                                                            panels and the Appellate Body.                        NMDC as a Public Body; (6) Mining
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            Specifically, section 129(b)(2) of the                Rights of Iron Ore; (7) Mining of Coal;
                                                    Background                                              URAA provides that ‘‘notwithstanding                  (8) Administration of Section 129
                                                                                                            any provision of the Tariff Act of 1930,’’            Proceeding; and (9) Specificity of Sale of
                                                       On September 23, 2015, the                           upon a written request from USTR, the                 High-Grade Iron Ore by NMDC. The
                                                    Department informed interested parties                  Department shall issue a determination                final determination is a public
                                                    that it was initiating proceedings under                that would render its actions not                     document and is on file electronically
                                                    section 129 of the URAA to implement                    inconsistent with an adverse finding of               via Enforcement and Compliance’s
                                                    the findings of the WTO dispute                         a WTO panel or the Appellate Body.7                   Antidumping and Countervailing Duty
                                                    settlement panel in DS436.2                             The Statement of Administrative                       Centralized Electronic Service System
                                                    Specifically, the Department issued                     Action, U.R.A.A., H. Doc. 316, Vol. 1,
                                                    preliminary determinations regarding:                                                                         (ACCESS). ACCESS is available to
                                                                                                            103d Cong. (1994) (SAA), variously                    registered users at http://
                                                    (1) Facts Available; 3 and (2) Other
                                                                                                            refers to such a determination by the                 access.trade.gov and is available to all
                                                    Issues.4
                                                                                                            Department as a ‘‘new,’’ ‘‘second,’’ and              parties in the Central Records Unit,
                                                      The Department invited interested                     ‘‘different’’ determination.8 After                   Room B8024 of the main Department of
                                                    parties to comment on the section 129                   consulting with the Department and the                Commerce building. In addition,
                                                    preliminary determinations.5 After                      appropriate congressional committees,                 complete versions of the final
                                                    receiving comments, rebuttal comments,                  USTR may direct the Department to                     determinations can be accessed directly
                                                    and a hearing on April 8, 2016, the                     implement, in whole or in part, the new               on the Internet at http://
                                                                                                            determination made under section 129                  enforcement.trade.gov/frn/index.html.
                                                       1 See Memorandum to the File, ‘‘Hot-Rolled
                                                                                                            of the URAA.9 Pursuant to section                     The signed version of the final
                                                    Carbon Steel Flat Products from India, Section 129
                                                    Determination (DS436) Placement of Letter from the      129(c) of the URAA, the new                           determination and the electronic
                                                    United States Trade Representative (USTR) to the        determination shall apply with respect                version of the final determinations are
                                                    Secretary of Commerce (dated April 18, 2016),’’         to unliquidated entries of the subject                identical in content.
                                                    (April 25, 2016).
                                                       2 See Certain Hot-Rolled Carbon Steel Flat
                                                                                                            merchandise that are entered or
                                                                                                            withdrawn from warehouse, for                         Final Determinations: Recalculated
                                                    Products from India: Notice of Commencement of
                                                                                                            consumption, on or after the date on                  Countervailing Duty Rates
                                                    Compliance Proceedings Pursuant to Section 129 of
                                                    the Uruguay Round Agreements Act, 80 FR 57336           which USTR directs the Department to                    The recalculated CVD rates are listed
                                                    (September 23, 2015).                                   implement the new determination.10
                                                       3 See Memorandum to Paul Piquado, Assistant                                                                below. As indicated, we made changes
                                                    Secretary for Enforcement and Compliance,
                                                                                                            The new determination is subject to                   to the net subsidy rates in certain
                                                    ‘‘Section 129(b) Proceeding: United States—             judicial review, separate and apart from              segments.12 The net subsidy rates for the
                                                    Countervailing Duty Measures on Certain Hot-            judicial review of the Department’s                   remaining CVD segments in DS436 are
                                                    Rolled Carbon Steel Flat Products from India            original determination.11
                                                    (WTO/DS436): Preliminary Determinations of Facts                                                              unchanged.
                                                    Available,’’ (March 17, 2016).
                                                                                                               6 See Memorandum to Paul Piquado, Assistant
                                                       4 See Memorandum to Paul Piquado, Assistant

                                                    Secretary for Enforcement and Compliance,               Secretary for Enforcement and Compliance,               12 See Final Results of Countervailing Duty

                                                    ‘‘Section 129 Proceeding: United States—                ‘‘Section 129 Proceeding: United States—              Administrative Review: Certain Hot-Rolled Carbon
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Countervailing Duty Measures on Certain Hot-            Countervailing Duty Measures on Certain Hot-          Steel Flat Products From India, 73 FR 40295 (July
                                                    Rolled Carbon Steel Flat Products from India            Rolled Carbon Steel Flat Products from India          14, 2008) (2006 Final Results); Final Results of
                                                    (WTO/DS436): Preliminary Determination on Other         (WTO/DS436): Final Determination,’’ (April 14,        Countervailing Duty Administrative Review: Certain
                                                    Issues,’’ (March 18, 2016).                             2016).
                                                       5 See Department Memorandum to the File,
                                                                                                                                                                  Hot-Rolled Carbon Steel Flat Products From India,
                                                                                                               7 See 19 U.S.C. 3538(b)(2).
                                                                                                                                                                  74 FR 20923 (May 6, 2009); (2007 Final Results);
                                                    ‘‘Section 129 Proceedings: United States—                  8 See SAA at 1025, 1027.
                                                    Countervailing Duty (CVD) Measures on Certain                                                                 and Final Results of Countervailing Duty
                                                                                                               9 See 19 U.S.C. 3538(b)(4).
                                                    Hot-Rolled Carbon Steel Products from India (WTO/                                                             Administrative Review: Certain Hot-Rolled Carbon
                                                    DS436): Schedule for written argument and a                10 See 19 U.S.C. 3538(c).                          Steel Flat Products From India, 75 FR 43488 (July
                                                    hearing,’’ (March 21, 2016).                               11 See 19 U.S.C. 1516(a)(2)(B)(vii).               26, 2010) (2008 Final Results).



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                                                    27414                                         Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices

                                                                            AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2006 FINAL RESULTS
                                                                                                                                                                                                                   CVD rate          Revised
                                                                                                                  Exporter/producer                                                                             (administrative      CVD rate
                                                                                                                                                                                                                    review)

                                                    JSW Steel Ltd ..........................................................................................................................................             13 484.41            215.54
                                                    Tata Steel Ltd ..........................................................................................................................................               27.22              18.81
                                                    Essar Steel India Limited 14 .....................................................................................................................                      17.50              15.40
                                                    Ispat Industries Ltd ..................................................................................................................................                 15.27              14.82


                                                                            AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2007 FINAL RESULTS
                                                                                                                                                                                                                   CVD rate          Revised
                                                                                                                  Exporter/producer                                                                             (administrative      CVD rate
                                                                                                                                                                                                                    review)

                                                    Essar Steel India Limited 15 .....................................................................................................................              76.88             68.77


                                                                            AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2008 FINAL RESULTS
                                                                                                                                                                                                                   CVD rate          Revised
                                                                                                                  Exporter/producer                                                                             (administrative      CVD rate
                                                                                                                                                                                                                    review)

                                                    Tata Steel Ltd 16 ......................................................................................................................................      17 577.28           140.18



                                                    Implementation of the Revised Cash                                        or withdrawn from warehouse, for                                           ensuring public safety and economic
                                                    Deposit Requirements                                                      consumption, on or after April 18, 2016.                                   and national security, fostering
                                                      On April 18, 2016, in accordance with                                   This notice of implementation of these                                     discovery and development of new
                                                    sections 129(b)(4) and 129(c)(1)(B) of the                                section 129 final determination is                                         technical solutions, and bolstering
                                                    URAA and after consulting with the                                        published in accordance with section                                       partnerships between Federal, state,
                                                    Department and Congress, USTR                                             129(c)(2)(A) of the URAA.                                                  local, tribal and territorial governments
                                                    directed the Department to implement                                        Dated: April 29, 2016.                                                   and the private sector in the
                                                    these final determinations. With respect                                  Ronald K. Lorentzen,                                                       development, promotion, and use of
                                                    to each of these segments, the                                                                                                                       cybersecurity technologies, policies, and
                                                                                                                              Acting Assistant Secretary for Enforcement
                                                    Department will instruct U.S. Customs                                     and Compliance.                                                            best practices. All sessions will be open
                                                    and Border Protection to require a cash                                                                                                              to the public.
                                                                                                                              [FR Doc. 2016–10765 Filed 5–5–16; 8:45 am]
                                                    deposit for estimated countervailing                                      BILLING CODE 3510–DS–P                                                     DATES: The meeting will be held on
                                                    duties at the appropriate rate for each                                                                                                              Monday, May 16, 2016, from 9:00 a.m.
                                                    exporter/producer specified above, for                                                                                                               until 4:00 p.m. Eastern Time.
                                                    entries of subject merchandise, entered                                   DEPARTMENT OF COMMERCE                                                     ADDRESSES: The meeting will be held at
                                                                                                                                                                                                         the NYU School of Law, Center on Law
                                                      13 Pursuant to a litigation settlement, the                             National Institute of Standards and                                        and Security, in Vanderbilt Hall, located
                                                    Department published an amended final results;                            Technology
                                                    instructed U.S. Customs and Border Protection                                                                                                        at 40 Washington Square South, New
                                                    (CBP) requiring the liquidation of entries during the
                                                                                                                              Open Meeting of the Commission on                                          York, New York. The meeting is open to
                                                    2006 POR at 76.88 percent; and issued instructions                                                                                                   the public and interested parties are
                                                    to CBP establishing the future cash deposit rate for                      Enhancing National Cybersecurity
                                                    JSW Steel Ltd. at the rate of 76.88 percent. See                                                                                                     requested to contact Melanie Cook in
                                                    Certain Hot-Rolled Carbon Steel Flat Products From                        AGENCY: National Institute of Standards                                    advance of the meeting for building
                                                    India: Amended Final Results of Countervailing                            and Technology, Commerce.                                                  entrance requirements.
                                                    Duty Administrative Review Pursuant to Court
                                                                                                                              ACTION: Notice.                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Decision, 75 FR 80455 (December 22, 2010).
                                                      14 In the 2006 Final Results, Essar Steel India
                                                                                                                              SUMMARY:   The Commission on                                               Melanie Cook, Information Technology
                                                    Limited was referred to as Essar Steel Ltd.                                                                                                          Laboratory, National Institute of
                                                      15 In the 2007 Final Results, Essar Steel India                         Enhancing National Cybersecurity (the
                                                                                                                              ‘‘Commission’’) will meet Monday, May                                      Standards and Technology, 100 Bureau
                                                    Limited was referred to as Essar Steel Ltd.
                                                      16 In the 2008 Final Results, Tata Steel Ltd. was                       16, 2016, from 9:00 a.m. until 4:00 p.m.                                   Drive, Stop 8930, Gaithersburg, MD
                                                    referred to as Tata Steel Limited.                                        Eastern Time in Vanderbilt Hall at the                                     20899–8930, telephone: (301) 975–5259,
                                                      17 Pursuant to a litigation settlement, the
                                                                                                                              New York University (NYU) School of                                        or by email at: melanie.cook@nist.gov.
                                                    Department published an amended final; calculated
                                                    the total amount of duties due on the three entries                       Law, Center on Law and Security                                            SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                                              located at 40 Washington Square South,                                     to the Federal Advisory Committee Act,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    covered by the litigation based on 102.74 percent
                                                    and issue instructions to U.S. Customs and Border                         New York, New York. The primary                                            as amended, 5 U.S.C. App., notice is
                                                    Protection (CBP) requiring the total amount of                            purpose of the meeting is to discuss the                                   hereby given that the Commission on
                                                    duties due to be assessed on the remaining two
                                                    entries; and issue instructions to CBP establishing                       challenges and opportunities facing the                                    Enhancing National Cybersecurity will
                                                    the future cash deposit rate for Tata Steel Ltd. at                       finance and insurance sectors as the                                       meet Monday, May 16, 2016, from 9:00
                                                    the rate of 102.74 percent. See Certain Hot-Rolled                        Commission develops detailed                                               a.m. until 4:00 p.m. Eastern Time. All
                                                    Carbon Steel Flat Products From India: Amended
                                                    Final Results of Countervailing Duty Administrative
                                                                                                                              recommendations to strengthen                                              sessions will be open to the public. The
                                                    Review Pursuant to Court Decision, 76 FR 77775                            cybersecurity in both the public and                                       Commission is authorized by Executive
                                                    (December 14, 2011).                                                      private sectors while protecting privacy,                                  Order 13718, Commission on Enhancing


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Document Created: 2016-05-06 00:29:43
Document Modified: 2016-05-06 00:29:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective April 18, 2016.
ContactEric B. Greynolds, Patricia Tran, or Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6071, (202) 482-1503, or (202) 482-7851, respectively.
FR Citation81 FR 27412 

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