81_FR_74973 81 FR 74765 - Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment

81 FR 74765 - Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74765-74766
FR Document2016-26030

The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2016 through June 30, 2016.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74765-74766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26030]


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DEPARTMENT OF COMMERCE

International Trade Administration


Subsidy Programs Provided by Countries Exporting Softwood Lumber 
and Softwood Lumber Products to the United States; Request for Comment

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

SUMMARY: The Department of Commerce (Department) seeks public comment 
on any subsidies, including stumpage

[[Page 74766]]

subsidies, provided by certain countries exporting softwood lumber or 
softwood lumber products to the United States during the period January 
1, 2016 through June 30, 2016.

DATES: Comments must be submitted within 30 days after publication of 
this notice.

ADDRESSES: See the Submission of Comments section below.

FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3965.

SUPPLEMENTARY INFORMATION: 

Background

    On June 18, 2008, section 805 of Title VIII of the Tariff Act of 
1930 (the Softwood Lumber Act of 2008) was enacted into law. Under this 
provision, the Secretary of Commerce is mandated to submit to the 
appropriate Congressional committees a report every 180 days on any 
subsidy provided by countries exporting softwood lumber or softwood 
lumber products to the United States, including stumpage subsidies.
    The Department submitted its last subsidy report on June 15, 2016. 
As part of its newest report, the Department intends to include a list 
of subsidy programs identified with sufficient clarity by the public in 
response to this notice.

Request for Comments

    Given the large number of countries that export softwood lumber and 
softwood lumber products to the United States, we are soliciting public 
comment only on subsidies provided by countries whose exports accounted 
for at least one percent of total U.S. imports of softwood lumber by 
quantity, as classified under Harmonized Tariff Schedule code 4407.1001 
(which accounts for the vast majority of imports), during the period 
January 1, 2016 through June 30, 2016. Official U.S. import data 
published by the United States International Trade Commission Tariff 
and Trade DataWeb indicate that three countries, Canada, Chile and 
France, exported softwood lumber to the United States during that time 
period in amounts sufficient to account for at least one percent of 
U.S. imports of softwood lumber products. We intend to rely on similar 
previous six-month periods to identify the countries subject to future 
reports on softwood lumber subsidies. For example, we will rely on U.S. 
imports of softwood lumber and softwood lumber products during the 
period July 1, 2016 through December 31, 2016, to select the countries 
subject to the next report.
    Under U.S. trade law, a subsidy exists where an authority: (i) 
Provides a financial contribution; (ii) provides any form of income or 
price support within the meaning of Article XVI of the GATT 1994; or 
(iii) makes a payment to a funding mechanism to provide a financial 
contribution to a person, or entrusts or directs a private entity to 
make a financial contribution, if providing the contribution would 
normally be vested in the government and the practice does not differ 
in substance from practices normally followed by governments, and a 
benefit is thereby conferred.\1\
---------------------------------------------------------------------------

    \1\ See section 771(5)(B) of the Tariff Act of 1930, as amended.
---------------------------------------------------------------------------

    Parties should include in their comments: (1) The country which 
provided the subsidy; (2) the name of the subsidy program; (3) a brief 
description (at least 3-4 sentences) of the subsidy program; and (4) 
the government body or authority that provided the subsidy.

Submission of Comments

    Persons wishing to comment should file comments by the date 
specified above. Comments should only include publicly available 
information. The Department will not accept comments accompanied by a 
request that a part or all of the material be treated confidentially 
due to business proprietary concerns or for any other reason. The 
Department will return such comments or materials to the persons 
submitting the comments and will not include them in its report on 
softwood lumber subsidies. The Department requests submission of 
comments filed in electronic Portable Document Format (PDF) submitted 
on CD-ROM or by email to the email address of the EC Webmaster, below.
    The comments received will be made available to the public in PDF 
on the Enforcement and Compliance Web site at the following address: 
http://enforcement.trade.gov/sla2008/sla-index.html. Any questions 
concerning file formatting, access on the Internet, or other electronic 
filing issues should be addressed to Laura Merchant, Enforcement and 
Compliance Webmaster, at (202) 482-0367, email address: 
[email protected].
    All comments and submissions in response to this Request for 
Comment should be received by the Department no later than 5 p.m. 
Eastern Standard Time on the above-referenced deadline date.

    Dated: October 21, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-26030 Filed 10-26-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices                                                         74765

                                                Enforcement and Compliance’s                                 enforcement.trade.gov/frn/index.html.                     Results, and for the reasons explained in
                                                Antidumping and Countervailing Duty                          The signed Issues and Decision                            the Issues and Decision Memorandum,
                                                Centralized Electronic Service System                        Memorandum and the electronic                             we revised the margin calculations for
                                                (ACCESS). ACCESS is available to                             version of the Issues and Decision                        Wah Yuen.5
                                                registered users at http://                                  Memorandum are identical in content.
                                                                                                                                                                       Final Results of New Shipper Review
                                                access.trade.gov, and it is available to
                                                                                                             Changes Since the Preliminary Results
                                                all parties. In addition, a complete                                                                                     The dumping margin for the final
                                                version of the Issues and Decision                             Based on a review of the record and                     results of the new shipper review for the
                                                Memorandum can be accessed directly                          the comments received from interested                     period of review December 1, 2014,
                                                on the Internet at http://                                   parties regarding our Preliminary                         through May 31, 2015, is as follows:

                                                                                                                                                                                                         Weighted average
                                                                                Exporter                                                                   Producer                                       dumping margin
                                                                                                                                                                                                             (percent)

                                                Wah Yuen Stationery Co., Ltd ...............................................   Shandong Wah Yuen Stationery Co., Ltd ..............................                 33.86



                                                Disclosure                                                   for consumption on or after the                           is hereby requested. Failure to comply
                                                  The Department will disclose the                           publication date, as provided by section                  with the regulations and the terms of an
                                                analysis performed for these final                           751(a)(2)(C) of the Act: (1) For                          APO is a violation subject to sanction.
                                                results to the parties within five days of                   merchandise produced by Shandong                             We are issuing and publishing these
                                                the date of publication of this notice in                    Wah Yuen Stationery Co., Ltd. and                         results and this notice in accordance
                                                accordance with 19 CFR 351.224(b) of                         exported by Wah Yuen Stationery Co.,                      with sections 751(a)(2)(B) and 777(i) of
                                                the Department’s regulations.                                Ltd., the cash deposit rate will be the                   the Act, and 19 CFR 351.214.
                                                                                                             rate established in the final results of                    Dated: October 20, 2016.
                                                Assessment Rates                                             this review; (2) for subject merchandise                  Ronald K. Lorentzen,
                                                   Pursuant to section 751(a)(2)(C) of the                   exported by Wah Yuen Stationery Co.,                      Acting Assistant Secretary for Enforcement
                                                Tariff Act of 1930, as amended (the Act)                     Ltd. but not produced by Shandong                         and Compliance.
                                                and 19 CFR 351.212(b), the Department                        Wah Yuen Stationery Co., Ltd., the cash
                                                will determine, and U.S. Customs and                         deposit rate will be that for the PRC-                    Appendix—List of Topics Discussed in
                                                Border Protection (CBP) shall assess,                        wide entity (i.e., 114.90 percent); and (3)               the Issues and Decision Memorandum
                                                antidumping duties on all appropriate                        for subject merchandise produced by                       I. Summary
                                                entries of subject merchandise, in                           Shandong Wah Yuen Stationery Co.,                         II. Background
                                                accordance with the final results of this                    Ltd. but not exported by Wah Yuen                         III. Scope of the Order
                                                review. The Department intends to issue                      Stationery Co., Ltd., the cash deposit                    IV. Discussion of the Issues
                                                assessment instructions to CBP 15 days                       rate will be that applicable to the                          Comment 1: Whether Wah Yuen Is Entitled
                                                                                                                                                                             to a New Shipper Review
                                                after the date of publication of the final                   exporter. These cash deposit
                                                                                                                                                                          Comment 2: Whether the Surrogate Value
                                                results of this new shipper review.                          requirements, when imposed, shall                               for Brokerage and Handling Was
                                                   For Wah Yuen, which has a dumping                         remain in effect until further notice.                          Calculated Correctly
                                                margin which is not zero or de minimis                                                                                    Comment 3: Whether Wah Yuen Is Entitled
                                                (i.e., less than 0.50 percent), we                           Notification to Importers
                                                                                                                                                                             to a By-Product Offset for Slat Scrap
                                                calculated importer- (or customer-)                             This notice also serves as a reminder                     Comment 4: Whether the Values for Alkyd
                                                specific assessment rates based on the                       to importers of their responsibility                            Resin and Acrylic Resin Were Calculated
                                                ratio of the total amount of dumping                         under 19 CFR 351.402(f)(2) to file a                            Correctly
                                                calculated for the importer’s examined                       certificate regarding the reimbursement                      Comment 5: Whether the Packed Weight of
                                                sales to the total entered value of those                    of antidumping duties prior to                                  One Gross of Pencils Should Be Adjusted
                                                                                                                                                                             by the Weight of the By-Product Scrap
                                                sales, in accordance with 19 CFR                             liquidation of the relevant entries
                                                                                                                                                                       V. Recommendation
                                                351.212(b)(1). Where an importer-                            during the POR. Failure to comply with
                                                specific ad valorem rate is not zero or                      this requirement could result in the                      [FR Doc. 2016–26024 Filed 10–26–16; 8:45 am]
                                                de minimis, the Department will                              Department’s presumption that                             BILLING CODE 3510–DS–P

                                                instruct CBP to collect the appropriate                      reimbursement of antidumping duties
                                                antidumping duties at the time of                            occurred and the subsequent assessment
                                                liquidation.6 Where an importer (or                          of double antidumping duties.                             DEPARTMENT OF COMMERCE
                                                customer)-specific ad valorem rate is                                                                                  International Trade Administration
                                                                                                             Notification Regarding Administrative
                                                zero or de minimis, the Department will
                                                                                                             Protective Order
                                                instruct CBP to liquidate appropriate                                                                                  Subsidy Programs Provided by
                                                entries without regard to antidumping                          This notice serves as a reminder to                     Countries Exporting Softwood Lumber
                                                duties.7                                                     parties subject to an administrative                      and Softwood Lumber Products to the
                                                                                                             protective order (APO) of their                           United States; Request for Comment
                                                Cash Deposit Requirements                                    responsibility concerning the
                                                  The following cash deposit                                 disposition of proprietary information                    AGENCY:  Enforcement and Compliance,
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                                                requirements will be effective upon                          disclosed under APO in accordance                         International Trade Administration,
                                                publication of the final results of this                     with 19 CFR 351.305(a)(3). Timely                         Department of Commerce.
                                                new shipper review for shipments of the                      written notification of the return or                     SUMMARY: The Department of Commerce
                                                subject merchandise from the PRC                             destruction of APO materials, or                          (Department) seeks public comment on
                                                entered, or withdrawn from warehouse,                        conversion to judicial protective order,                  any subsidies, including stumpage
                                                  5 See   Issues and Decision Memorandum.                       6 See   19 CFR 351.212(b)(1).                            7 See   19 CFR 351.106(c)(2).




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                                                74766                       Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices

                                                subsidies, provided by certain countries                1, 2016 through December 31, 2016, to                    Dated: October 21, 2016.
                                                exporting softwood lumber or softwood                   select the countries subject to the next               Christian Marsh,
                                                lumber products to the United States                    report.                                                Deputy Assistant Secretary for Antidumping
                                                during the period January 1, 2016                          Under U.S. trade law, a subsidy exists              and Countervailing Duty Operations.
                                                through June 30, 2016.                                  where an authority: (i) Provides a                     [FR Doc. 2016–26030 Filed 10–26–16; 8:45 am]
                                                DATES: Comments must be submitted                       financial contribution; (ii) provides any              BILLING CODE 3510–DS–P
                                                within 30 days after publication of this                form of income or price support within
                                                notice.                                                 the meaning of Article XVI of the GATT
                                                ADDRESSES: See the Submission of
                                                                                                        1994; or (iii) makes a payment to a                    DEPARTMENT OF COMMERCE
                                                Comments section below.                                 funding mechanism to provide a
                                                                                                        financial contribution to a person, or                 National Oceanic and Atmospheric
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        entrusts or directs a private entity to                Administration
                                                James Terpstra, Office III, Enforcement
                                                                                                        make a financial contribution, if
                                                and Compliance, International Trade                                                                            RIN 0648–XE978
                                                                                                        providing the contribution would
                                                Administration, U.S. Department of
                                                                                                        normally be vested in the government                   New England Fishery Management
                                                Commerce, 14th Street and Constitution
                                                                                                        and the practice does not differ in                    Council; Public Meeting; Cancellation
                                                Avenue NW., Washington, DC 20230;
                                                                                                        substance from practices normally
                                                telephone: (202) 482–3965.                                                                                     AGENCY:  National Marine Fisheries
                                                                                                        followed by governments, and a benefit
                                                SUPPLEMENTARY INFORMATION:                              is thereby conferred.1                                 Service (NMFS), National Oceanic and
                                                Background                                                 Parties should include in their                     Atmospheric Administration (NOAA),
                                                                                                        comments: (1) The country which                        Commerce.
                                                  On June 18, 2008, section 805 of Title                provided the subsidy; (2) the name of                  ACTION: Notice of cancellation of a
                                                VIII of the Tariff Act of 1930 (the                     the subsidy program; (3) a brief
                                                Softwood Lumber Act of 2008) was                                                                               public meeting.
                                                                                                        description (at least 3–4 sentences) of
                                                enacted into law. Under this provision,                 the subsidy program; and (4) the                       SUMMARY:   The New England Fishery
                                                the Secretary of Commerce is mandated                   government body or authority that                      Management Council (Council) has
                                                to submit to the appropriate                            provided the subsidy.                                  cancelled the public meeting of its
                                                Congressional committees a report every                                                                        Herring Advisory Panel that was
                                                180 days on any subsidy provided by                     Submission of Comments                                 scheduled for Tuesday, November 8,
                                                countries exporting softwood lumber or                     Persons wishing to comment should                   2016, at 10:30 a.m.
                                                softwood lumber products to the United                  file comments by the date specified                    FOR FURTHER INFORMATION CONTACT:
                                                States, including stumpage subsidies.                   above. Comments should only include
                                                  The Department submitted its last                                                                            Thomas A. Nies, Executive Director,
                                                                                                        publicly available information. The                    New England Fishery Management
                                                subsidy report on June 15, 2016. As part                Department will not accept comments
                                                of its newest report, the Department                                                                           Council; telephone: (978) 465–0492.
                                                                                                        accompanied by a request that a part or
                                                intends to include a list of subsidy                                                                           SUPPLEMENTARY INFORMATION: The
                                                                                                        all of the material be treated
                                                programs identified with sufficient                                                                            original notice was published in the
                                                                                                        confidentially due to business
                                                clarity by the public in response to this                                                                      Federal Register on Thursday, October
                                                                                                        proprietary concerns or for any other
                                                notice.                                                                                                        20, 2016, (81 FR 72571). The meeting
                                                                                                        reason. The Department will return such
                                                                                                                                                               will be rescheduled at a later date and
                                                Request for Comments                                    comments or materials to the persons
                                                                                                                                                               announced in the Federal Register.
                                                                                                        submitting the comments and will not
                                                  Given the large number of countries                   include them in its report on softwood                   Dated: October 24, 2016.
                                                that export softwood lumber and                         lumber subsidies. The Department                       Tracey L. Thompson,
                                                softwood lumber products to the United                  requests submission of comments filed                  Acting Deputy Director, Office of Sustainable
                                                States, we are soliciting public comment                in electronic Portable Document Format                 Fisheries, National Marine Fisheries Service.
                                                only on subsidies provided by countries                 (PDF) submitted on CD–ROM or by                        [FR Doc. 2016–25998 Filed 10–26–16; 8:45 am]
                                                whose exports accounted for at least one                email to the email address of the EC                   BILLING CODE 3510–22–P
                                                percent of total U.S. imports of softwood               Webmaster, below.
                                                lumber by quantity, as classified under                    The comments received will be made
                                                Harmonized Tariff Schedule code                         available to the public in PDF on the                  DEPARTMENT OF COMMERCE
                                                4407.1001 (which accounts for the vast                  Enforcement and Compliance Web site
                                                majority of imports), during the period                 at the following address: http://                      National Oceanic and Atmospheric
                                                January 1, 2016 through June 30, 2016.                  enforcement.trade.gov/sla2008/sla-                     Administration
                                                Official U.S. import data published by                  index.html. Any questions concerning
                                                the United States International Trade                                                                          RIN 0648–XE977
                                                                                                        file formatting, access on the Internet, or
                                                Commission Tariff and Trade DataWeb                     other electronic filing issues should be               New England Fishery Management
                                                indicate that three countries, Canada,                  addressed to Laura Merchant,                           Council; Public Meeting; Cancellation
                                                Chile and France, exported softwood                     Enforcement and Compliance
                                                lumber to the United States during that                 Webmaster, at (202) 482–0367, email                    AGENCY:  National Marine Fisheries
                                                time period in amounts sufficient to                    address: webmaster_support@trade.gov.                  Service (NMFS), National Oceanic and
                                                account for at least one percent of U.S.                   All comments and submissions in                     Atmospheric Administration (NOAA),
                                                imports of softwood lumber products.
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                                                                                                        response to this Request for Comment                   Commerce.
                                                We intend to rely on similar previous                   should be received by the Department                   ACTION: Notice of cancellation of a
                                                six-month periods to identify the                       no later than 5 p.m. Eastern Standard                  public meeting.
                                                countries subject to future reports on                  Time on the above-referenced deadline
                                                softwood lumber subsidies. For                          date.                                                  SUMMARY:  The New England Fishery
                                                example, we will rely on U.S. imports                                                                          Management Council (Council) has
                                                of softwood lumber and softwood                           1 See section 771(5)(B) of the Tariff Act of 1930,   cancelled the public meeting of its
                                                lumber products during the period July                  as amended.                                            Herring Committee that was scheduled


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Document Created: 2016-10-27 01:52:12
Document Modified: 2016-10-27 01:52:12
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
DatesComments must be submitted within 30 days after publication of this notice.
ContactJames Terpstra, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3965.
FR Citation81 FR 74765 

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