81 FR 37180 - Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 111 (June 9, 2016)
International Trade Administration
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37180-37184 | |
| FR Document | 2016-13691 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Notices] [Pages 37180-37184] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13691] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-921; C-570-931; C-570-936; C-570-938; C-570-940; C-570-942; C- 570-944; C-570-946; C-570-955; C-570-957; C-570-959; C-570-966; C-570- 968; C-570-978; C-570-980] Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 1, 2016 and May 26, 2016, the U.S. Trade Representative (USTR) directed the Department of Commerce (the Department) to implement its determinations under section 129 of the Uruguay Round Agreements Act (URAA), regarding 15 countervailing duty (CVD) investigations, which render them not inconsistent with the World Trade Organization (WTO) dispute settlement findings in United States-- Countervailing Duty Measures on Certain Products from China, WT/DS437 (December 18, 2014) (DS437). See Attachment for a listing of the 15 CVD investigations at issue in DS437. The Department issued its final determinations in these section 129 proceedings on March 31, 2016, April 26, 2016, and May 19, 2016. The Department is now implementing these final determinations. DATES: The effective date for the determination covering the Group One Investigations and the Wire Strand investigation with respect to the public body and input specificity analyses is April 1, 2016, and the effective date for the determinations covering the Group Two Investigations and Wire Strand with respect to the land specificity analysis is May 26, 2016. FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Kristen Johnson, 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 or (202) 482-4793, respectively. SUPPLEMENTARY INFORMATION: Background On April 27, 2015, the Department informed interested parties that it was initiating proceedings under section 129 of the URAA to implement the recommendations and rulings of the WTO Dispute Settlement Body (DSB) in DS437.\1\ Given the number of CVD investigations and complexity of the issues involved in this dispute, the Department addressed each of the issues and conclusions of the panel and Appellate Body in DS437 through separate preliminary determination memoranda. Specifically, the Department issued preliminary determinations regarding: (1) Export Restraints; \2\ (2) Land; \3\ (3) Public Bodies and Input Specificity; \4\ and (4) Benefit (Market Distortion).\5\ --------------------------------------------------------------------------- \1\ See Notice of Commencement of Compliance Proceedings Pursuant to Section 129 of the Uruguay Round Agreements Act, 80 FR 23254 (April 27, 2015). \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceeding: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO/DS437): Preliminary Determination Regarding Export Restraints,'' (February 23, 2016). \3\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceeding: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO/DS437): Preliminary Determination Regarding Land Specificity,'' (February 24, 2016). \4\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Preliminary Determination of Public Bodies and Input Specificity,'' (February 25, 2016); see also Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Input Specificity: Preliminary Analysis of the Diversification of Economic Activities and Length of Time,'' (December 31, 2015). \5\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Benefit (Market Distortion) Memorandum,'' (March 7, 2016); see also Memorandum to Brendan Quinn, Acting Director, AD/CVD Operations, Office III, ``Supporting Memorandum to Preliminary Benefit (Market Distortion) Memorandum,'' (March 7, 2016). --------------------------------------------------------------------------- The Department invited interested parties to comment on each of the section 129 preliminary determinations.\6\ After receiving comments and rebuttal comments from the interested parties, the Department issued final determinations on March 31, 2016,\7\ April 26, 2016,\8\ and May 19, 2016.\9\ --------------------------------------------------------------------------- \6\ See Department Memorandum to the File, ``Section 129 Proceedings: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO/DS437): Schedule for rebuttal factual information, written argument, and a hearing,'' (March 11, 2016). \7\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO DS437): Final Determination of Public Bodies and Input Specificity,'' (March 31, 2016); Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO DS437): No Comment Final Determinations,'' (March 31, 2016); and Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States-- Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO DS437): Final Determination for Countervailing Duty Investigation on Drill Pipe from the People's Republic of China,'' (March 31, 2016). \8\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States--Countervailing Duty (CVD) Measures on Certain Products from the People's Republic of China (WTO DS437): Final Determination on the Initiation of Allegations of Export Restraints in Magnesia Bricks,'' (April 26, 2016) (Final Determination for Export Restraints); see also Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States--Countervailing Duty (CVD) Measures on Certain Products from the People's Republic of China (WTO DS437): Final Determination for Certain Seamless Carbon Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China (Seamless Pipe from the PRC),'' (April 26, 2016) (Final Determination for Seamless Pipe). \9\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceedings: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO DS437): Final Determination for Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels,'' (May 19, 2016) (Final Determination for Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels). --------------------------------------------------------------------------- [[Page 37181]] On April 1, 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 March 31, 2016, determinations, had been completed and USTR directed the Department to implement those determinations in accordance with section 129(b)(4) of the URAA. As explained below, those determinations applied to Lawn Groomers, Kitchen Shelving, Steel Cylinders, Print Graphics, Aluminum Extrusions, Thermal Paper, and Citric Acid (``Group One Investigations''), as well as Wire Strand with respect to the Department's public body and input specificity analyses. On May 26, 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 26, 2016, and May 19, 2016, determinations had been completed and USTR directed the Department to implement those determinations in accordance with section 129(b)(4) of the URAA. Those determinations apply to Pressure Pipe, Line Pipe, OCTG, Solar Panels, Seamless Pipe, and Magnesia Bricks (``Group Two Investigations'') and Wire Strand with respect to the Department's land specificity analysis. Also on May 26, 2016, in accordance with section 129(b)(4) of the URAA, USTR directed the Department to implement those determinations as well. 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.\10\ 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.\11\ 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.\12\ 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.\13\ The new determination is subject to judicial review, separate and apart from judicial review of the Department's original determination.\14\ --------------------------------------------------------------------------- \10\ See 19 U.S.C. 3538(b)(2). \11\ See SAA at 1025, 1027. \12\ See 19 U.S.C. 3538(b)(4). \13\ See 19 U.S.C. 3538(c). \14\ 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 respective final determinations. The issues included in the respective final determinations are as follows: (1) Export Restraints (Magnesia Bricks and Seamless Pipe); (2) Land (Thermal Paper, Line Pipe, Citric Acid, OCTG, Wire Strand, and Seamless Pipe); (3) Public Bodies and Input Specificity (Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print Graphics, Aluminum Extrusions, Steel Cylinders, and Solar Panels); and (4) Benefit (Market Distortion) (Pressure Pipe, Line Pipe, OCTG, and Solar Panels). Separately, the Department issued a memorandum regarding Drill Pipe, concluding that because the order for Drill Pipe had been revoked pursuant to a final and conclusive decision from the U.S. Court of Appeals for the Federal Circuit, there is no longer a need for the Department to issue a determination in connection with this proceeding to render it not inconsistent with the findings in WTO DS437.\15\ The final determinations are public documents and are 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 versions of the final determinations and the electronic versions of the final determinations are identical in content. --------------------------------------------------------------------------- \15\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Section 129 Proceeding: United States--Countervailing Duty Measures on Certain Products from the People's Republic of China (WTO/DS437): Final Determination for Countervailing Duty Investigation on Drill Pipe from the People's Republic of China,'' (March 31, 2016); see also Drill Pipe from the People's Republic of China: Notice of Court Decision Not in Harmony With International Trade Commission's Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037 (December 29, 2014) (Drill Pipe Revocation). --------------------------------------------------------------------------- Final Determinations: Recalculated Countervailing Duty Rates The recalculated CVD rates, as included in the final determinations and which remain unchanged from the preliminary determinations for each company, are listed below. As indicated, we made changes to the net subsidy rates in certain proceedings (i.e., Line Pipe, OCTG, Magnesia Bricks, and Seamless Pipe).\16\ As noted above, the CVD order for Drill Pipe including the corresponding CVD rates have been revoked independently from this Section 129 proceeding.\17\ The net subsidy rates for the remaining CVD proceedings in DS437 are unchanged. --------------------------------------------------------------------------- \16\ See Final Determination for Export Restraints, Final Determination for Seamless Pipe, and Final Determination for Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels. \17\ See Drill Pipe Revocation. ------------------------------------------------------------------------ CVD rate Revised CVD Exporter/producer (investigation) rate ------------------------------------------------------------------------ Amended Countervailable Subsidy Rates Ad Valorem (Percent): Line Pipe ------------------------------------------------------------------------ Huludao Seven-Star Steel Pipe Group 33.43 32.65 Co., Ltd. (Huludao Seven Star Group), Huludao Steel Pipe Industrial Co. Ltd. (Huludao Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao Bohai Oil Pipe) (collectively, the Huludao Companies). Liaoning Northern Steel Pipe Co., Ltd. 40.05 40.05 (Northern Steel)...................... [[Page 37182]] All Others............................. 36.74 36.35 ------------------------------------------------------------------------ Amended Countervailable Subsidy Rates Ad Valorem (Percent): OCTG ------------------------------------------------------------------------ Tianjin Pipe (Group) Co., Tianjin Pipe 10.49 7.71 Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (collectively, TPCO).................. Jiangsu Changbao Steel Tube Co. and 12.46 12.46 Jiangsu Changbao Precision Steel Tube Co., Ltd. (collectively, Changbao).... Wuxi Seamless Pipe Co, Ltd., Jiangsu 14.95 14.95 Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel Co., Ltd. (collectively, Wuxi)............. Zhejiang Jianli Enterprise Co., Ltd., 15.78 15.78 Zhejiang Jianli Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd. (collectively, Zhejiang Jinali)............................... All Others............................. 13.41 12.26 ------------------------------------------------------------------------ Amended Countervailable Subsidy Rates Ad Valorem (Percent): Magnesia Bricks ------------------------------------------------------------------------ RHI Refractories Liaoning Co., Ltd., 24.24 3.00 RHI Refractories (Dalian) Co., Ltd., and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI)....... Liaoning Mayerton Refractories and 253.87 232.63 Dalian Mayerton Refractories Co. Ltd. (collectively, Mayerton).............. All Others............................. 24.24 3.00 ------------------------------------------------------------------------ Amended Countervailable Subsidy Rates Ad Valorem (Percent): Seamless Pipe ------------------------------------------------------------------------ Tianjin Pipe (Group) Co., Tianjin Pipe 13.66 8.24 Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (collectively, TPCO).................. Hengyang Steel Tube Group Int'l 56.67 49.56 Trading, Inc., Hengyang Valin Steel Tube Co., Ltd., Hengyang Valin MPM Tube Co., Ltd., Xigang Seamless Steel Tube Co., Ltd., Wuxi Seamless Special Pipe Co., Ltd., Wuxi Resources Steel Making Co., Ltd., Jiangsu Xigang Group Co., Ltd., Hunan Valin Xiangtan Iron & Steel Co., Ltd., Wuxi Sifang Steel Tube Co., Ltd., Hunan Valin Steel Co., Ltd., Hunan Valin Iron & Steel Group Co., Ltd. (collectively, Hengyang).... All Others............................. 35.17 28.90 ------------------------------------------------------------------------ Implementation of the Revised Cash Deposit Requirements As noted above, on April 1, 2016 and May 26, 2016, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR directed the Department to implement these final determinations. With respect to all of the investigations except for Magnesia Bricks and Seamless Pipe, 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 1, 2016, and May 26, 2016, respectively unless the applicable cash deposit rates have been superseded by intervening segments or revised based on a redetermination of the investigation as a result of domestic litigation. For Magnesia Bricks and Seamless Pipe, the Department's determinations are that there are insufficient bases on which to initiate investigations into the export restraint programs. As a result, the Department intends to reduce all cash deposit rates in these two proceedings applicable as of May 26, 2016. As noted above, the order on Drill Pipe and corresponding cash deposits instructions have been revoked independently from these Section 129 proceedings.\18\ This notice of implementation of these section 129 final determinations is published in accordance with section 129(c)(2)(A) of the URAA. --------------------------------------------------------------------------- \18\ See Drill Pipe Revocation. Dated: June 3, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Attachment: CVD Investigations Examined in the Section 129 Proceedings for WTO DS437 ------------------------------------------------------------------------ Final determination and Case No. Case short cite order ------------------------------------------------------------------------ C-570-921................ Thermal Paper...... Lightweight Thermal Paper from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 57323 (October 2, 2008) (Thermal Paper), and accompanying Decision Memorandum (Thermal Paper Decision Memorandum). Lightweight Thermal Paper from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 72 FR 70958 (November 24, 2008). C-570-931................ Pressure Pipe...... Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 4936 (January 28, 2009) (Pressure Pipe), and accompanying Decision Memorandum (Pressure Pipe Decision Memorandum). Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Countervailing Duty Order, 74 FR 11712 (March 19, 2009). [[Page 37183]] C-570-936................ Line Pipe.......... Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 70961 (November 24, 2008) (Line Pipe), and accompanying Decision Memorandum (Line Pipe Decision Memorandum). Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 74 FR 4136 (January 23, 2009). C-570-938................ Citric Acid........ Citric Acid and Certain Citrate Salts from People's Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 16836 (April 13, 2009) (Citric Acid), and accompanying Decision Memorandum (Citric Acid Decision Memorandum). Citric Acid and Certain Citrate Salts from the People's Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 (May 29, 2009). C-570-940................ Lawn Groomers...... Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 29180 (June 19, 2009) (Lawn Groomers), and accompanying Decision Memorandum (Lawn Groomers Decision Memorandum). Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of China: Countervailing Duty Order, 74 FR 38399 (August 3, 2009). C-570-942................ Kitchen Shelving... Certain Kitchen Shelving and Racks from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 37012 (July 27, 2009) (Kitchen Shelving), and accompanying Decision Memorandum (Kitchen Shelving Decision Memorandum). Certain Kitchen Shelving and Racks from the People's Republic of China: Countervailing Duty Order, 74 FR 46973 (September 14, 2009). C-570-944................ OCTG............... Certain Oil Country Tubular Goods from the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Negative Critical Circumstances Determination, 74 FR 64045 (December 7, 2009) (OCTG), and accompanying Decision Memorandum (OCTG Decision Memorandum). Certain Oil Country Tubular Goods from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 2010). C-570-946................ Wire Strand........ Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 28557 (May 21, 2010) (Wire Strand), and accompanying Decision Memorandum (Wire Strand Decision Memorandum). Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 75 FR 38977 (July 7, 2010). C-570-955................ Magnesia Bricks.... Certain Magnesia Carbon Bricks from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 45472 (August 2, 2010) (Magnesia Bricks), and accompanying Decision Memorandum (Magnesia Bricks Decision Memorandum). Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010). C-570-957................ Seamless Pipe...... Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 75 FR 57444 (September 21, 2010) (Seamless Pipe), and accompanying Decision Memorandum (Seamless Pipe Decision Memorandum). Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 69050 (November 10, 2010). C-570-959................ Print Graphics..... Certain Coated Paper Suitable for High- Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 59212 (September 27, 2010) (Print Graphics), and accompanying Decision Memorandum (Print Graphics Decision Memorandum). Certain Coated Paper Suitable for High- Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 70201 (November 17, 2010). C-570-966................ Drill Pipe......... Drill Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 76 FR 1971 (January 11, 2011) (Drill Pipe), and accompanying Decision Memorandum (Drill Pipe Decision Memorandum). Drill Pipe from the People's Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3, 2011). (Note: The CVD order on drill pipe was revoked. However, the litigation is not yet final and complete. Drill Pipe from the People's Republic of China: Notice of Court Decision Not in Harmony With International Trade Commission's Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037 (December 29, 2014)). C-570-968................ Aluminum Extrusions Aluminum Extrusions from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 76 FR 18521 (April 4, 2011) (Aluminum Extrusions), and accompanying Decision Memorandum (Aluminum Extrusions Decision Memorandum). Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011). C-570-978................ Steel Cylinders.... High Pressure Steel Cylinders from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 77 FR 26738 (May 7, 2012) (Steel Cylinders), and accompanying Decision Memorandum (Steel Cylinders Decision Memorandum). High Pressure Steel Cylinders from the People's Republic of China: Countervailing Duty Order, 77 FR 37384 (June 21, 2012). [[Page 37184]] C-570-980................ Solar Panels....... Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 77 FR 63788 (October 17, 2012) (Solar Panels), and accompanying Decision Memorandum (Solar Panels Decision Memorandum). Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012). ------------------------------------------------------------------------ [FR Doc. 2016-13691 Filed 6-8-16; 8:45 am] BILLING CODE 3510-DS-P
![37180 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices
Estimated Number of Respondents: Countervailing Duty Measures on and Input Specificity; 4 and (4) Benefit
250. Certain Products from China, WT/ (Market Distortion).5
Estimated Time per Response: 15 DS437 (December 18, 2014) (DS437). The Department invited interested
minutes. See Attachment for a listing of the 15 parties to comment on each of the
Estimated Total Annual Burden CVD investigations at issue in DS437. section 129 preliminary
Hours: 67.2. The Department issued its final determinations.6 After receiving
Estimated Total Annual Cost to determinations in these section 129 comments and rebuttal comments from
Public: $2,016. proceedings on March 31, 2016, April the interested parties, the Department
IV. Request for Comments 26, 2016, and May 19, 2016. The issued final determinations on March
Department is now implementing these 31, 2016,7 April 26, 2016,8 and May 19,
Comments are invited on: (a) Whether 2016.9
final determinations.
the proposed collection of information
is necessary for the proper performance DATES: The effective date for the 4 See Memorandum to Paul Piquado, Assistant
of the functions of the agency, including determination covering the Group One Secretary for Enforcement and Compliance,
whether the information shall have Investigations and the Wire Strand ‘‘Preliminary Determination of Public Bodies and
Input Specificity,’’ (February 25, 2016); see also
practical utility; (b) the accuracy of the investigation with respect to the public Memorandum to Paul Piquado, Assistant Secretary
agency’s estimate of the burden body and input specificity analyses is for Enforcement and Compliance, ‘‘Input
(including hours and cost) of the April 1, 2016, and the effective date for Specificity: Preliminary Analysis of the
proposed collection of information; (c) Diversification of Economic Activities and Length
the determinations covering the Group of Time,’’ (December 31, 2015).
ways to enhance the quality, utility, and Two Investigations and Wire Strand 5 See Memorandum to Paul Piquado, Assistant
clarity of the information to be with respect to the land specificity Secretary for Enforcement and Compliance,
collected; and (d) ways to minimize the analysis is May 26, 2016. ‘‘Benefit (Market Distortion) Memorandum,’’
burden of the collection of information (March 7, 2016); see also Memorandum to Brendan
on respondents, including through the FOR FURTHER INFORMATION CONTACT: Eric Quinn, Acting Director, AD/CVD Operations, Office
B. Greynolds or Kristen Johnson, AD/ III, ‘‘Supporting Memorandum to Preliminary
use of automated collection techniques Benefit (Market Distortion) Memorandum,’’ (March
or other forms of information CVD Operations, Office III, Enforcement 7, 2016).
technology. and Compliance, International Trade 6 See Department Memorandum to the File,
Comments submitted in response to Administration, U.S. Department of ‘‘Section 129 Proceedings: United States—
Commerce, 14th Street and Constitution Countervailing Duty Measures on Certain Products
this notice will be summarized and/or from the People’s Republic of China (WTO/DS437):
included in the request for OMB Avenue NW., Washington, DC 20230; Schedule for rebuttal factual information, written
approval of this information collection; telephone: (202) 482–6071 or (202) 482– argument, and a hearing,’’ (March 11, 2016).
they also will become a matter of public 4793, respectively. 7 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
record. SUPPLEMENTARY INFORMATION: ‘‘Section 129 Proceedings: United States—
Dated: June 3, 2016. Countervailing Duty Measures on Certain Products
Background from the People’s Republic of China (WTO DS437):
Glenna Mickelson, Final Determination of Public Bodies and Input
Management Analyst, Office of the Chief On April 27, 2015, the Department Specificity,’’ (March 31, 2016); Memorandum to
Information Officer. Paul Piquado, Assistant Secretary for Enforcement
informed interested parties that it was and Compliance, ‘‘Section 129 Proceedings: United
[FR Doc. 2016–13608 Filed 6–8–16; 8:45 am] initiating proceedings under section 129 States—Countervailing Duty Measures on Certain
BILLING CODE 3510–33–P of the URAA to implement the Products from the People’s Republic of China (WTO
recommendations and rulings of the DS437): No Comment Final Determinations,’’
(March 31, 2016); and Memorandum to Paul
WTO Dispute Settlement Body (DSB) in Piquado, Assistant Secretary for Enforcement and
DEPARTMENT OF COMMERCE DS437.1 Given the number of CVD Compliance, ‘‘Section 129 Proceedings: United
investigations and complexity of the States—Countervailing Duty Measures on Certain
International Trade Administration Products from the People’s Republic of China (WTO
issues involved in this dispute, the
DS437): Final Determination for Countervailing
[C–570–921; C–570–931; C–570–936; C– Department addressed each of the issues Duty Investigation on Drill Pipe from the People’s
570–938; C–570–940; C–570–942; C–570– and conclusions of the panel and Republic of China,’’ (March 31, 2016).
944; C–570–946; C–570–955; C–570–957; C– Appellate Body in DS437 through 8 See Memorandum to Paul Piquado, Assistant
570–959; C–570–966; C–570–968; C–570– separate preliminary determination Secretary for Enforcement and Compliance,
978; C–570–980] ‘‘Section 129 Proceedings: United States—
memoranda. Specifically, the Countervailing Duty (CVD) Measures on Certain
Implementation of Determinations Department issued preliminary Products from the People’s Republic of China (WTO
Pursuant to Section 129 of the determinations regarding: (1) Export DS437): Final Determination on the Initiation of
Restraints; 2 (2) Land; 3 (3) Public Bodies Allegations of Export Restraints in Magnesia
Uruguay Round Agreements Act Bricks,’’ (April 26, 2016) (Final Determination for
Export Restraints); see also Memorandum to Paul
AGENCY: Enforcement and Compliance, 1 See Notice of Commencement of Compliance
Piquado, Assistant Secretary for Enforcement and
International Trade Administration, Proceedings Pursuant to Section 129 of the Uruguay Compliance, ‘‘Section 129 Proceedings: United
Department of Commerce. Round Agreements Act, 80 FR 23254 (April 27, States—Countervailing Duty (CVD) Measures on
2015). Certain Products from the People’s Republic of
SUMMARY: On April 1, 2016 and May 26, 2 See Memorandum to Paul Piquado, Assistant China (WTO DS437): Final Determination for
2016, the U.S. Trade Representative Secretary for Enforcement and Compliance, Certain Seamless Carbon Alloy Steel Standard,
(USTR) directed the Department of ‘‘Section 129 Proceeding: United States— Line, and Pressure Pipe from the People’s Republic
Commerce (the Department) to Countervailing Duty Measures on Certain Products of China (Seamless Pipe from the PRC),’’ (April 26,
implement its determinations under from the People’s Republic of China (WTO/DS437): 2016) (Final Determination for Seamless Pipe).
sradovich on DSK3TPTVN1PROD with NOTICES
Preliminary Determination Regarding Export 9 See Memorandum to Paul Piquado, Assistant
section 129 of the Uruguay Round Restraints,’’ (February 23, 2016). Secretary for Enforcement and Compliance,
Agreements Act (URAA), regarding 15 3 See Memorandum to Paul Piquado, Assistant ‘‘Section 129 Proceedings: United States—
countervailing duty (CVD) Secretary for Enforcement and Compliance, Countervailing Duty Measures on Certain Products
investigations, which render them not ‘‘Section 129 Proceeding: United States— from the People’s Republic of China (WTO DS437):
Countervailing Duty Measures on Certain Products Final Determination for Pressure Pipe, Line Pipe,
inconsistent with the World Trade from the People’s Republic of China (WTO/DS437): OCTG, Wire Strand, and Solar Panels,’’ (May 19,
Organization (WTO) dispute settlement Preliminary Determination Regarding Land 2016) (Final Determination for Pressure Pipe, Line
findings in United States— Specificity,’’ (February 24, 2016). Pipe, OCTG, Wire Strand, and Solar Panels).
VerDate Sep<11>2014 15:50 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1](https://thefederalregister.org/doc/81_FR_37291/page/1.svg)
![37184 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices
ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437—Continued
Case No. Case short cite Final determination and order
C–570–980 ....... Solar Panels .................. Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s
Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Crit-
ical Circumstances Determination, 77 FR 63788 (October 17, 2012) (Solar Panels), and accom-
panying Decision Memorandum (Solar Panels Decision Memorandum). Crystalline Silicon Pho-
tovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December 7, 2012).
[FR Doc. 2016–13691 Filed 6–8–16; 8:45 am] viewing on www.regulations.gov Summary of Application
BILLING CODE 3510–DS–P without change. All personal identifying NMFS received an application
information (e.g. name, address, etc.), requesting authorization for four
confidential business information, or Canadian transport vessels to receive
DEPARTMENT OF COMMERCE otherwise sensitive information transfers of herring from United States
submitted voluntarily by the sender will purse seine vessels, stop seines, and
National Oceanic and Atmospheric be publicly accessible. NMFS will weirs for the purpose of transporting the
Administration accept anonymous comments (enter ‘‘N/ herring to Canada for processing. The
RIN 0648–XE658 A’’ in the required fields if you wish to transshipment operations will occur
remain anonymous). within the boundaries of the State of
Permits; Foreign Fishing Maine or within the portion of the EEZ
FOR FURTHER INFORMATION CONTACT:
AGENCY: National Marine Fisheries Mark Wildman at (301) 427–8386 or by east of the line 69°30′ W. longitude and
Service (NMFS), National Oceanic and email at mark.wildman@noaa.gov. within 12 nautical miles from Maine’s
Atmospheric Administration (NOAA), seaward boundary.
SUPPLEMENTARY INFORMATION:
Commerce. Dated: June 3, 2016.
ACTION: Notice of application for permit; Background John Henderschedt,
request for comments. Director, Office for International Affairs and
Section 204(d) of the Magnuson- Seafood Inspection, National Marine
SUMMARY: NMFS publishes for public Stevens Act (16 U.S.C. 1824(d)) Fisheries Service.
review and comment information authorizes the Secretary of Commerce [FR Doc. 2016–13619 Filed 6–8–16; 8:45 am]
regarding a permit application for (Secretary) to issue a transshipment BILLING CODE 3510–22–P
transshipment of Atlantic herring by permit authorizing a vessel other than a
Canadian vessels, submitted under vessel of the United States to engage in
provisions of the Magnuson-Stevens fishing consisting solely of transporting DEPARTMENT OF COMMERCE
Fishery Conservation and Management fish or fish products at sea from a point
Act (Magnuson-Stevens Act). This within the United States Exclusive National Oceanic and Atmospheric
action is necessary for NMFS to make a Economic Zone (EEZ) or, with the Administration
determination that the permit concurrence of a state, within the RIN 0648–XE613
application can be approved. boundaries of that state, to a point
DATES: Written comments must be outside the United States. In addition, Schedules for Atlantic Shark
received by June 23, 2016. Public Law 104–297, section 105(e), Identification Workshops and
ADDRESSES: You may submit comments
directs the Secretary to issue section Protected Species Safe Handling,
on this document, identified by docket 204(d) permits for up to 14 Canadian Release, and Identification Workshops
NOAA–HQ–2016–0071, by any of the transport vessels to receive Atlantic
herring harvested by United States AGENCY: National Marine Fisheries
following methods: Service (NMFS), National Oceanic and
Electronic Submission: Submit all fishermen and to be used in sardine
processing. Transshipment must occur Atmospheric Administration (NOAA),
electronic public comments via the Commerce.
Federal e-Rulemaking Portal. Go to from within the boundaries of the State
of Maine or within the portion of the ACTION: Notice of public workshops.
www.regulations.gov/
#!docketDetail;D=NOAA-HQ-2016-0071, EEZ east of the line 69 degrees 30 SUMMARY: Free Atlantic Shark
click the ‘‘Comment Now!’’ icon, minutes west and within 12 nautical Identification Workshops and Protected
complete the required fields, and enter miles from Maine’s seaward boundary. Species Safe Handling, Release, and
or attach your comments. Section 204(d)(3)(D) of the Magnuson- Identification Workshops will be held in
Mail: Mark Wildman, International Stevens Act provides that an application July, August, and September of 2016.
Fisheries Division, Office for may not be approved until the Secretary Certain fishermen and shark dealers are
International Affairs and Seafood determines that ‘‘no owner or operator required to attend a workshop to meet
Inspection, NOAA Fisheries, 1315 East- of a vessel of the United States which regulatory requirements and to maintain
West Highway, Silver Spring, MD has adequate capacity to perform the valid permits. Specifically, the Atlantic
20910. transportation for which the application Shark Identification Workshop is
sradovich on DSK3TPTVN1PROD with NOTICES
Instructions: Comments sent by any is submitted has indicated . . . an mandatory for all federally permitted
other method, to any other address or interest in performing the transportation Atlantic shark dealers. The Protected
individual, or received after the end of at fair and reasonable rates.’’ NMFS is Species Safe Handling, Release, and
the comment period, may not be publishing this notice as part of its effort Identification Workshop is mandatory
considered by NMFS. All comments to make such a determination with for vessel owners and operators who use
received are a part of the public record respect to the application described bottom longline, pelagic longline, or
and will generally be posted for public below. gillnet gear, and who have also been
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Document Created: 2018-02-08 07:33:57
Document Modified: 2018-02-08 07:33:57
| 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 | The effective date for the determination covering the Group One Investigations and the Wire Strand investigation with respect to the public body and input specificity analyses is April 1, 2016, and the effective date for the determinations covering the Group Two Investigations and Wire Strand with respect to the land specificity analysis is May 26, 2016. | |
| Contact | Eric B. Greynolds or Kristen Johnson, 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 or (202) 482-4793, respectively. | |
| FR Citation | 81 FR 37180 |
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