81_FR_61837 81 FR 61664 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 61664 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61664-61666
FR Document2016-21490

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain hot- rolled carbon steel flat products from India (hot-rolled steel). The period of review (POR) is December 1, 2014, through November 30, 2015. This review covers four companies, Ispat Industries Ltd. (Ispat), JSW Steel Ltd. (JSW), JSW Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd. (Tata). We preliminarily determine that Ispat, JSW, JSW Ispat, and Tata had no entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61664-61666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21490]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: Notice 
of Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from India (hot-rolled steel). The 
period of review (POR) is December 1, 2014, through November 30, 2015. 
This review covers four companies, Ispat Industries Ltd. (Ispat), JSW 
Steel Ltd. (JSW), JSW Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd. 
(Tata). We preliminarily determine that Ispat, JSW, JSW Ispat, and Tata 
had no entries of subject merchandise during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective: September 7, 2016.

FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, 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-
1167 and (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to this order is certain hot-rolled carbon 
steel flat products from India. The merchandise subject to this order 
is currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) at subheadings: 7208.10.15.00, 7208.10.30.00, 
7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 
7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 
7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 
7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 
7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 
7208.54.00.00, 7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 
7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 
7211.19.75.30, 7211.19.75.60, and 7211.19.75.90.

[[Page 61665]]

Products subject to this order may also enter under HTSUS subheadings: 
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise 
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
Department's written description of the merchandise subject to this 
order is dispositive.\1\
---------------------------------------------------------------------------

    \1\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, titled ``Certain 
Hot-Rolled Carbon Steel Flat Products from India: Decision 
Memorandum for the Preliminary Results of the Antidumping Duty 
Administrative Review; 2014-2015'' (Preliminary Decision 
Memorandum), dated concurrently with and adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our preliminary results, see 
the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Determination of No Shipments

    Ispat, JSW, JSW Ispat, and Tata submitted timely-filed 
certifications that they had no exports, sales, or entries of subject 
merchandise during the POR,\2\ and a query of U.S. Customs and Border 
Protection (CBP) data did not show any POR entries of subject 
merchandise by Ispat, JSW, JSW Ispat, and Tata.\3\ In addition, CBP did 
not identify any entries of subject merchandise from Ispat, JSW, JSW 
Ispat, and Tata during the POR in response to an inquiry from the 
Department asking CBP for such information.\4\ Based on the foregoing, 
the Department preliminarily determines that Ispat, JSW, JSW Ispat, and 
Tata had no shipments of the subject merchandise, and, therefore, no 
reviewable transactions, during the POR.
---------------------------------------------------------------------------

    \2\ See Letter from JSW titled, ``Certain Hot-Rolled Carbon 
Steel Flat Products from India: No Shipment Certification of JSW 
Steel Ltd.'' (February 12, 2016). JSW's letter stated, 
``{p{time} lease note that this statement applies as well to the 
companies listed in the Department's initiation notice as Ispat 
Industries Ltd. and JSW Ispat Steel Ltd. Those companies no longer 
exist as separate entities, but have been merged into JSW Steel.'' 
See also Letter from Tata titled, ``Antidumping Duty Review of 
Certain Hot-Rolled Carbon Steel Flat Products from India: Tata Steel 
Limited Certification of No Shipments'' (March 11, 2016); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 81 FR 6832 (February 9, 2016).
    \3\ See Memorandum to the File titled, ``Customs and Border 
Protection (CBP) Data Query Results,'' dated February 17, 2016.
    \4\ See CBP Message Numbers: 6083305 and 6083306, dated March 
23, 2016.
---------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results of this administrative review, 
the Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 351.212. 
The Department intends to issue assessment instructions to CBP 15 days 
after publication of the final results of this review.
    In accordance with the Department's ``automatic assessment'' 
practice,\5\ for entries of subject merchandise during the POR produced 
by each respondent for which they did not know that their merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rates for respondents noted above, 
which claimed no shipments, will remain unchanged from the rates 
assigned to the companies in the most recently completed review of the 
companies; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 38.72 percent, the all-others rate 
established in the less-than-fair value investigation, as amended. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
cases briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\6\ Parties who submit comments are requested to submit: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\7\ All briefs must be filed electronically 
using ACCESS. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, ACCESS.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\8\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing

[[Page 61666]]

is made, we will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\9\ Parties should confirm by telephone the date, 
time, and location of the hearing.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their case briefs, within 120 days 
after issuance of these preliminary results.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 26, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Results Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Recommendation

[FR Doc. 2016-21490 Filed 9-6-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                  61664                     Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices

                                                  administrative review, in whole or in                    Notification Regarding Administrative                DEPARTMENT OF COMMERCE
                                                  part, if a party that requested the review               Protective Orders
                                                  withdraws its request within 90 days of                                                                       International Trade Administration
                                                  the date of publication of the notice of                   This notice also serves as a reminder
                                                                                                           to parties subject to administrative                 [A–533–820]
                                                  initiation of the requested review. All
                                                                                                           protective orders (‘‘APO’’) of their                 Certain Hot-Rolled Carbon Steel Flat
                                                  requesting parties withdrew their
                                                                                                           responsibility concerning the return or              Products From India: Notice of
                                                  respective requests for an administrative
                                                                                                           destruction of proprietary information               Preliminary Results of Antidumping
                                                  review of the 18 companies or groups of                  disclosed under an APO in accordance
                                                  companies listed in the Appendix to                                                                           Duty Administrative Review; 2014–
                                                                                                           with 19 CFR 351.305(a)(3), which                     2015
                                                  this notice within 90 days of the date of                continues to govern business
                                                  publication of the Initiation Notice.                    proprietary information in this segment              AGENCY:  Enforcement and Compliance,
                                                  Accordingly, the Department is                           of the proceeding. Timely written                    International Trade Administration,
                                                  rescinding this review with respect to                   notification of the return or destruction            Department of Commerce.
                                                  these companies, in accordance with 19                   of APO materials or conversion to                    SUMMARY: The Department of Commerce
                                                  CFR 351.213(d)(1).4 The administrative                   judicial protective order is hereby                  (the Department) is conducting an
                                                  review will continue with respect to all                 requested. Failure to comply with the                administrative review of the
                                                  other firms for which a review was                       regulations and terms of an APO is a                 antidumping duty order on certain hot-
                                                  requested and initiated.                                 violation which is subject to sanction.              rolled carbon steel flat products from
                                                                                                             This notice is issued and published in             India (hot-rolled steel). The period of
                                                  Assessment
                                                                                                           accordance with section 751(a)(1) of the             review (POR) is December 1, 2014,
                                                     The Department will instruct U.S.                     Act and 19 CFR 351.213(d)(4).                        through November 30, 2015. This
                                                  Customs and Border Protection (‘‘CBP’’)                                                                       review covers four companies, Ispat
                                                                                                             Dated: August 31, 2016.                            Industries Ltd. (Ispat), JSW Steel Ltd.
                                                  to assess antidumping duties on all
                                                                                                           Christian Marsh,                                     (JSW), JSW Ispat Steel Ltd. (JSW Ispat),
                                                  appropriate entries. For the companies
                                                  for which this review is rescinded,                      Deputy Assistant Secretary for Antidumping           and Tata Steel Ltd. (Tata). We
                                                                                                           and Countervailing Duty Operations.                  preliminarily determine that Ispat, JSW,
                                                  antidumping duties shall be assessed at
                                                  rates equal to the cash deposit of                       APPENDIX                                             JSW Ispat, and Tata had no entries of
                                                                                                                                                                subject merchandise during the POR.
                                                  estimated antidumping duties required                    • Jinko Solar Co. Ltd./Jinko Solar Import and        Interested parties are invited to
                                                  at the time of entry, or withdrawal from                   Export Co., Ltd.5                                  comment on these preliminary results.
                                                  warehouse, for consumption, in                           • Canadian Solar International Limited               DATES: Effective: September 7, 2016.
                                                  accordance with 19 CFR                                   • Canadian Solar Manufacturing (Changshu),
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  351.212(c)(1)(i). The Department                           Inc.
                                                  intends to issue appropriate assessment                  • Canadian Solar Manufacturing (Luoyang)
                                                                                                                                                                George McMahon or Eric Greynolds,
                                                                                                             Inc.                                               AD/CVD Operations Office III,
                                                  instructions directly to CBP 15 days
                                                                                                           • Risen Energy Co., Ltd.                             Enforcement and Compliance,
                                                  after publication of this notice.
                                                                                                           • Zhejiang Jinko Solar Co., Ltd.                     International Trade Administration,
                                                  Notification to Importers                                • Yingli Energy (China) Company Limited              U.S. Department of Commerce, 14th
                                                                                                           • Yingli Green Energy International Trading          Street and Constitution Avenue NW.,
                                                     This notice serves as the only                          Limited                                            Washington, DC 20230; telephone: (202)
                                                  reminder to importers whose entries                      • Baoding Jiasheng Photovoltaic Technology           482–1167 and (202) 482–6071,
                                                  will be liquidated as a result of this                     Co. Ltd.                                           respectively.
                                                  rescission notice, of their responsibility               • Baoding Tianwei Yingli New Energy                  SUPPLEMENTARY INFORMATION:
                                                  under 19 CFR 351.402(f)(2) to file a                       Resources Co., Ltd.
                                                  certificate regarding the reimbursement                  • Beijing Tianneng Yingli New Energy                 Scope of the Order
                                                  of antidumping duties prior to                             Resources Co. Ltd.                                    The merchandise subject to this order
                                                  liquidation of the relevant entries                      • Hainan Yingli New Energy Resources Co.,            is certain hot-rolled carbon steel flat
                                                  during this review period. Failure to                      Ltd.                                               products from India. The merchandise
                                                                                                           • Hengshui Yingli New Energy Resources
                                                  comply with this requirement could                                                                            subject to this order is currently
                                                                                                             Co., Ltd.
                                                  result in the Secretary’s assumption that                                                                     classifiable in the Harmonized Tariff
                                                                                                           • Lixian Yingli New Energy Resources Co.,
                                                  the reimbursement of antidumping                           Ltd.
                                                                                                                                                                Schedule of the United States (HTSUS)
                                                  duties occurred and the subsequent                       • Shenzhen Yingli New Energy Resources               at subheadings: 7208.10.15.00,
                                                  assessment of double antidumping                           Co., Ltd.                                          7208.10.30.00, 7208.10.60.00,
                                                  duties.                                                  • Tianjin Yingli New Energy Resources Co.,           7208.25.30.00, 7208.25.60.00,
                                                                                                             Ltd.                                               7208.26.00.30, 7208.26.00.60,
                                                    4 See Appendix. As stated in Change in Practice        • Shanghai BYD Co., Ltd.                             7208.27.00.30, 7208.27.00.60,
                                                  in NME Reviews, the Department will no longer            • Canadian Solar Inc.                                7208.36.00.30, 7208.36.00.60,
                                                  consider the non-market economy (‘‘NME’’) entity
                                                                                                           [FR Doc. 2016–21499 Filed 9–6–16; 8:45 am]
                                                                                                                                                                7208.37.00.30, 7208.37.00.60,
                                                  as an exporter conditionally subject to                                                                       7208.38.00.15, 7208.38.00.30,
                                                  administrative reviews. See Antidumping                  BILLING CODE 3510–DS–P
                                                                                                                                                                7208.38.00.90, 7208.39.00.15,
                                                  Proceedings: Announcement of Change in
                                                                                                                                                                7208.39.00.30, 7208.39.00.90,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Department Practice for Respondent Selection in             5 In the final determination of the underlying
                                                  Antidumping Duty Proceedings and Conditional             investigation we treated Jinko Solar Co. Ltd. and
                                                                                                                                                                7208.40.60.30, 7208.40.60.60,
                                                  Review of the Nonmarket Economy Entity in NME            Jinko Solar Import and Export Co., Ltd. together     7208.53.00.00, 7208.54.00.00,
                                                  Antidumping Duty Proceedings, 78 FR 65963                with Renesola Jiangsu Ltd. and Renesola Zhejiang     7208.90.00.00, 7211.14.00.90,
                                                  (November 4, 2013) (‘‘Change in Practice in NME          Ltd. as a single entity. See Certain Crystalline     7211.19.15.00, 7211.19.20.00,
                                                  Reviews’’). The PRC-wide entity is not subject to        Silicon Photovoltaic Products From the People’s
                                                  this administrative review because no interested         Republic of China: Final Determination of Sales at
                                                                                                                                                                7211.19.30.00, 7211.19.45.00,
                                                  party requested a review of the entity. See Initiation   Less Than Fair Value, 79 FR 76970 (December 23,      7211.19.60.00, 7211.19.75.30,
                                                  Notice.                                                  2014).                                               7211.19.75.60, and 7211.19.75.90.


                                             VerDate Sep<11>2014   17:30 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                           Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices                                                   61665

                                                  Products subject to this order may also                 subject merchandise during the POR,2                     shipments of subject merchandise
                                                  enter under HTSUS subheadings:                          and a query of U.S. Customs and Border                   entered, or withdrawn from warehouse,
                                                  7225.11.00.00, 7225.19.00.00,                           Protection (CBP) data did not show any                   for consumption on or after the
                                                  7225.30.30.50, 7225.30.70.00,                           POR entries of subject merchandise by                    publication of the final results of this
                                                  7225.40.70.00, 7225.99.00.90,                           Ispat, JSW, JSW Ispat, and Tata.3 In                     administrative review, as provided by
                                                  7226.11.10.00, 7226.11.90.30,                           addition, CBP did not identify any                       section 751(a)(2) of the Act: (1) The cash
                                                  7226.11.90.60, 7226.19.10.00,                           entries of subject merchandise from                      deposit rates for respondents noted
                                                  7226.19.90.00, 7226.91.50.00,                           Ispat, JSW, JSW Ispat, and Tata during                   above, which claimed no shipments,
                                                  7226.91.70.00, 7226.91.80.00, and                       the POR in response to an inquiry from                   will remain unchanged from the rates
                                                  7226.99.00.00. Subject merchandise                      the Department asking CBP for such                       assigned to the companies in the most
                                                  may also enter under 7210.70.30.00,                     information.4 Based on the foregoing,                    recently completed review of the
                                                  7210.90.90.00, 7211.14.00.30,                           the Department preliminarily                             companies; (2) for merchandise
                                                  7212.40.10.00, 7212.40.50.00, and                       determines that Ispat, JSW, JSW Ispat,                   exported by producers or exporters not
                                                  7212.50.00.00. Although the HTSUS                       and Tata had no shipments of the                         covered in this administrative review
                                                  subheadings are provided for                            subject merchandise, and, therefore, no                  but covered in a prior segment of the
                                                  convenience and customs purposes, the                   reviewable transactions, during the                      proceeding, the cash deposit rate will
                                                  Department’s written description of the                 POR.                                                     continue to be the company-specific rate
                                                  merchandise subject to this order is                                                                             published for the most recently
                                                                                                          Assessment Rate                                          completed segment of this proceeding;
                                                  dispositive.1
                                                                                                             Upon issuance of the final results of                 (3) if the exporter is not a firm covered
                                                  Methodology                                             this administrative review, the                          in this review, a prior review, or the
                                                                                                          Department shall determine, and CBP                      original investigation, but the producer
                                                     The Department conducted this                        shall assess, antidumping duties on all                  is, the cash deposit rate will be the rate
                                                  review in accordance with section                       appropriate entries, in accordance with                  established for the most recently
                                                  751(a)(2) of the Tariff Act of 1930, as                 19 CFR 351.212. The Department                           completed segment of this proceeding
                                                  amended (the Act). For a full                           intends to issue assessment instructions                 for the producer of the subject
                                                  description of the methodology                          to CBP 15 days after publication of the                  merchandise; and (4) the cash deposit
                                                  underlying our preliminary results, see                 final results of this review.                            rate for all other producers or exporters
                                                  the Preliminary Decision Memorandum.                       In accordance with the Department’s                   will continue to be 38.72 percent, the
                                                  The Preliminary Decision Memorandum                     ‘‘automatic assessment’’ practice,5 for                  all-others rate established in the less-
                                                  is a public document and is on file                     entries of subject merchandise during                    than-fair value investigation, as
                                                  electronically via Enforcement and                      the POR produced by each respondent                      amended. These cash deposit
                                                  Compliance’s Antidumping and                            for which they did not know that their                   requirements, when imposed, shall
                                                  Countervailing Duty Centralized                         merchandise was destined for the                         remain in effect until further notice.
                                                  Electronic Service System (ACCESS).                     United States, we will instruct CBP to
                                                  ACCESS is available to registered users                                                                          Disclosure and Public Comment
                                                                                                          liquidate unreviewed entries at the all-
                                                  at http://access.trade.gov and is                       others rate if there is no rate for the                     Pursuant to 19 CFR 351.309(c)(1)(ii),
                                                  available to all parties in the Central                 intermediate company(ies) involved in                    interested parties may submit cases
                                                  Records Unit, Room B8024 of the main                    the transaction.                                         briefs not later than 30 days after the
                                                  Department of Commerce building. In                        We intend to issue instructions to                    date of publication of this notice.
                                                  addition, a complete version of the                     CBP 15 days after publication of the                     Rebuttal briefs, limited to issues raised
                                                  Preliminary Decision Memorandum can                     final results of this review.                            in the case briefs, may be filed not later
                                                  be accessed directly on the internet at                                                                          than five days after the date for filing
                                                                                                          Cash Deposit Requirements                                case briefs.6 Parties who submit
                                                  http://enforcement.trade.gov/frn/
                                                  index.html. The signed Preliminary                        The following cash deposit                             comments are requested to submit: (1) A
                                                  Decision Memorandum and the                             requirements will be effective upon                      statement of the issue; (2) a brief
                                                  electronic version of the Preliminary                   publication of the notice of final results               summary of the argument; and (3) a
                                                  Decision Memorandum are identical in                    of administrative review for all                         table of authorities.7 All briefs must be
                                                  content. A list of the topics discussed in                                                                       filed electronically using ACCESS. An
                                                  the Preliminary Decision Memorandum                        2 See Letter from JSW titled, ‘‘Certain Hot-Rolled    electronically filed document must be
                                                                                                          Carbon Steel Flat Products from India: No Shipment       received successfully in its entirety by
                                                  is attached as an Appendix to this                      Certification of JSW Steel Ltd.’’ (February 12, 2016).
                                                  notice.                                                 JSW’s letter stated, ‘‘{p}lease note that this
                                                                                                                                                                   the Department’s electronic records
                                                                                                          statement applies as well to the companies listed        system, ACCESS.
                                                  Preliminary Determination of No                         in the Department’s initiation notice as Ispat              Interested parties who wish to request
                                                  Shipments                                               Industries Ltd. and JSW Ispat Steel Ltd. Those           a hearing must submit a written request
                                                                                                          companies no longer exist as separate entities, but
                                                                                                          have been merged into JSW Steel.’’ See also Letter
                                                                                                                                                                   to the Assistant Secretary for
                                                    Ispat, JSW, JSW Ispat, and Tata                                                                                Enforcement and Compliance, U.S.
                                                                                                          from Tata titled, ‘‘Antidumping Duty Review of
                                                  submitted timely-filed certifications that              Certain Hot-Rolled Carbon Steel Flat Products from       Department of Commerce, using
                                                  they had no exports, sales, or entries of               India: Tata Steel Limited Certification of No            Enforcement and Compliance’s ACCESS
                                                                                                          Shipments’’ (March 11, 2016); see also Initiation of
                                                                                                          Antidumping and Countervailing Duty
                                                                                                                                                                   system within 30 days of publication of
                                                    1 A full description of the scope of the order is
                                                                                                          Administrative Reviews, 81 FR 6832 (February 9,          this notice.8 Requests should contain
                                                  contained in the memorandum to Paul Piquado,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Assistant Secretary for Enforcement and                 2016).                                                   the party’s name, address, and
                                                  Compliance, from Christian Marsh, Deputy
                                                                                                             3 See Memorandum to the File titled, ‘‘Customs
                                                                                                                                                                   telephone number, the number of
                                                  Assistant Secretary for Antidumping and                 and Border Protection (CBP) Data Query Results,’’        participants, and a list of the issues to
                                                  Countervailing Duty Operations, titled ‘‘Certain        dated February 17, 2016.
                                                                                                             4 See CBP Message Numbers: 6083305 and
                                                                                                                                                                   be discussed. If a request for a hearing
                                                  Hot-Rolled Carbon Steel Flat Products from India:
                                                  Decision Memorandum for the Preliminary Results         6083306, dated March 23, 2016.
                                                                                                                                                                    6 See 19 CFR 351.309(d).
                                                  of the Antidumping Duty Administrative Review;             5 See Antidumping and Countervailing Duty
                                                                                                                                                                    7 See 19 CFR 351.309(c)(2), (d)(2).
                                                  2014–2015’’ (Preliminary Decision Memorandum),          Proceedings: Assessment of Antidumping Duties, 68
                                                  dated concurrently with and adopted by this notice.     FR 23954 (May 6, 2003) (Assessment Policy Notice).        8 See 19 CFR 351.310(c).




                                             VerDate Sep<11>2014   17:30 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM      07SEN1


                                                  61666                       Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices

                                                  is made, we will inform parties of the                   DEPARTMENT OF COMMERCE                             countervailing duty (CVD)
                                                  scheduled date for the hearing which                                                                        investigations concerning CTL plate
                                                  will be held at the U.S. Department of                   International Trade Administration                 from Brazil, the PRC, and Korea.3 On
                                                  Commerce, 14th Street and Constitution                   [A–433–812, A–423–812, A–351–847, A–580–           July 26, 2016, the Department received
                                                  Avenue NW., Washington, DC 20230, at                     887, A–583–858, A–489–828, C–580–888]              timely allegations, pursuant to sections
                                                  a time and location to be determined.9                                                                      703(e)(1) and 733(e)(1) of the Tariff Act
                                                  Parties should confirm by telephone the                  Certain Carbon and Alloy Steel Cut-to- of 1930, as amended (the Act), and 19
                                                  date, time, and location of the hearing.                 Length Plate From Austria, Belgium,                CFR 351.206, that critical circumstances
                                                                                                           Brazil, the Republic of Korea, Taiwan,             exist with respect to imports of CTL
                                                     Unless the deadline is extended                       and Turkey; Antidumping and                        plate from Austria, Belgium, Brazil,
                                                  pursuant to section 751(a)(3)(A) of the                  Countervailing Duty Investigations:                Korea, Taiwan, and Turkey.4 Based on
                                                  Act, the Department will issue the final                 Preliminary Determinations of Critical             information provided by the petitioners,
                                                  results of this administrative review,                   Circumstances                                      data placed on the record of these
                                                  including the results of our analysis of                                                                    investigations by the mandatory
                                                  the issues raised by the parties in their                AGENCY: Enforcement and Compliance,
                                                                                                           International Trade Administration,                respondents, and data collected by the
                                                  case briefs, within 120 days after                                                                          Department from Global Trade Atlas
                                                                                                           Department of Commerce.
                                                  issuance of these preliminary results.                                                                      (GTA), the Department preliminarily
                                                                                                           SUMMARY: The Department of Commerce
                                                                                                                                                              determines that critical circumstances
                                                  Notification to Importers                                (the Department) preliminarily
                                                                                                                                                              exist for imports of CTL plate from
                                                                                                           determines that critical circumstances
                                                    This notice serves as a preliminary                                                                       certain producers and exporters from
                                                                                                           exist for imports of certain carbon and
                                                  reminder to importers of their                                                                              Austria, Belgium, Brazil, Taiwan, and
                                                                                                           alloy steel cut-to-length plate (CTL
                                                  responsibility under 19 CFR                                                                                 Turkey.
                                                                                                           plate) from certain producers and
                                                  351.402(f)(2) to file a certificate                                                                            Pursuant to 19 CFR 351.206(c)(2), the
                                                                                                           exporters from Austria, Belgium, Brazil,
                                                  regarding the reimbursement of                                                                              petitioners requested that the
                                                                                                           Taiwan, and Turkey.
                                                  antidumping duties prior to liquidation                                                                     Department issue a preliminary
                                                                                                           DATES: Effective September 7, 2016.
                                                  of the relevant entries during this                                                                         affirmative determination of critical
                                                                                                           FOR FURTHER INFORMATION CONTACT:                   circumstances on an expedited basis. In
                                                  review period. Failure to comply with                    Edythe Artman at (202) 482–3931                    accordance with sections 703(e)(1) and
                                                  this requirement could result in the                     (Austria), Elizabeth Eastwood at (202)             733(e)(1) of the Act, because the
                                                  Secretary’s presumption that                             482–3874 (Belgium), Mark Kennedy at                petitioners submitted their critical
                                                  reimbursement of antidumping duties                      (202) 482–7883 (Brazil), Steve                     circumstances allegations more than 20
                                                  occurred and increase the subsequent                     Bezirganian at (202) 482–1131 (Korea–              days before the scheduled date of the
                                                  assessment of the antidumping duties                     AD), John Corrigan at (202) 482–7438               final determination, the Department
                                                  by the amount of antidumping duties                      (Korea–CVD), Tyler Weinhold at (202)               must promptly issue preliminary critical
                                                  reimbursed.                                              482–1121 (Taiwan), or Dmitry                       circumstances determinations.
                                                    These preliminary results of review                    Vladimirov at (202) 482–0665 (Turkey),                Section 703(e)(1) of the Act provides
                                                                                                           AD/CVD Operations, Enforcement and                 that the Department will determine that
                                                  are issued and published in accordance
                                                                                                           Compliance, International Trade                    critical circumstances exist in CVD
                                                  with sections 751(a)(1) and 777(i)(1) of                 Administration, U.S. Department of
                                                  the Act.                                                                                                    investigations if there is a reasonable
                                                                                                           Commerce, 1401 Constitution Avenue                 basis to believe or suspect: (A) That ‘‘the
                                                    Dated: August 26, 2016.                                NW., Washington, DC 20230.                         alleged countervailable subsidy’’ is
                                                  Paul Piquado,                                            SUPPLEMENTARY INFORMATION:                         inconsistent with the Agreement on
                                                  Assistant Secretary for Enforcement and                  Background                                         Subsidies and Countervailing Measures
                                                  Compliance.                                                                                                 (SCM Agreement) of the World Trade
                                                                                                              In response to petitions filed on April
                                                  Appendix—List of Topics Discussed in                                                                        Organization, and (B) that ‘‘there have
                                                                                                           8, 2016,1 the Department of Commerce
                                                                                                                                                              been massive imports of the subject
                                                  the Preliminary Results Decision                         (the Department) initiated antidumping
                                                                                                                                                              merchandise over a relatively short
                                                  Memorandum                                               duty (AD) investigations concerning
                                                                                                                                                              period.’’ Section 733(e)(1) of the Act
                                                                                                           imports of CTL plate from Austria,
                                                  I. Summary
                                                                                                           Belgium, Brazil, the People’s Republic             provides that the Department will
                                                  II. Background
                                                                                                           of China (PRC), France, the Federal                preliminarily determine that critical
                                                  III. Scope of the Order
                                                                                                           Republic of Germany (Germany), Italy,              circumstances exist in AD investigations
                                                  IV. Preliminary Determination of No
                                                                                                           Japan, the Republic of Korea (Korea),              if there is a reasonable basis to believe
                                                        Shipments
                                                                                                           South Africa, Taiwan, and Turkey 2 and or suspect: (A)(i) That ‘‘there is a history
                                                  V. Recommendation                                                                                           of dumping and material injury by
                                                  [FR Doc. 2016–21490 Filed 9–6–16; 8:45 am]                 1 See Certain Carbon and Alloy Steel Cut-to-     reason of dumped imports in the United
                                                  BILLING CODE 3510–DS–P                                   Length Plate from Austria, Belgium, Brazil, the    States or elsewhere of the subject
                                                                                                           People’s Republic of China, France, the Federal    merchandise,’’ or (ii) that ‘‘the person by
                                                                                                           Republic of Germany, Italy, Japan, the Republic of whom, or for whose account, the
                                                                                                           South Africa, Taiwan, and Turkey—Petitions for the
                                                                                                           Imposition of Antidumping and Countervailing       merchandise was imported knew or
                                                                                                           Duties, dated April 8, 2016 (collectively, the
                                                                                                           petitions). The petitioners for these investigations      3 See Certain Carbon and Alloy Steel Cut-to-
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                           are ArcelorMittal USA LLC, Nucor Corporation, and       Length Plate From Brazil, the People’s Republic of
                                                                                                           SSAB Enterprises, LLC (the petitioners).                China, and the Republic of Korea: Initiation of
                                                                                                             2 See Certain Carbon and Alloy Steel Cut-To-          Countervailing Duty Investigations, 81 FR 27098
                                                                                                           Length Plate From Austria, Belgium, Brazil, France,     (May 5, 2016).
                                                                                                           the Federal Republic of Germany, Italy, Japan, the        4 See Certain Carbon and Alloy Steel Cut-To-

                                                                                                           Republic of Korea, the People’s Republic of China,      Length Plate From Austria, Belgium, Brazil, the
                                                                                                           South Africa, Taiwan, and the Republic of Turkey:       Republic of Korea, Taiwan, and Turkey: Critical
                                                                                                           Initiation of Less-Than-Fair-Value Investigations, 81   Circumstances Allegations, July 26, 2016
                                                    9 See   19 CFR 351.310.                                FR 27089 (May 5, 2016).                                 (Allegations).



                                             VerDate Sep<11>2014    17:30 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM    07SEN1



Document Created: 2016-09-07 11:50:23
Document Modified: 2016-09-07 11:50:23
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: September 7, 2016.
ContactGeorge McMahon or Eric Greynolds, 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- 1167 and (202) 482-6071, respectively.
FR Citation81 FR 61664 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR