82 FR 12438 - Initiation of Five-Year (“Sunset”) Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 41 (March 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 41 (March 3, 2017)
| Page Range | 12438-12440 | |
| FR Document | 2017-04274 |
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)] [Notices] [Pages 12438-12440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04274] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (``Sunset'') Reviews AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating the five-year reviews (``Sunset Reviews'') of the antidumping and countervailing duty (``AD/ CVD'') order(s) listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order(s). DATES: Effective Date: March 1, 2017. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205- 3193. SUPPLEMENTARY INFORMATION: [[Page 12439]] Background The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s): ---------------------------------------------------------------------------------------------------------------- Department DOC Case No. ITC Case No. Country Product contact ---------------------------------------------------------------------------------------------------------------- A-427-602.............. 731-TA-313............. France................. Brass Sheet & Robert James Strip (4th (202) 482-0649. Review). A-428-602.............. 731-TA-317............. Germany................ Brass Sheet & Robert James Strip (4th (202) 482-0649. Review). A-475-601.............. 731-TA-314............. Italy.................. Brass Sheet & Robert James Strip (4th (202) 482-0649. Review). A-588-704.............. 731-TA-379............. Japan.................. Brass Sheet & Robert James Strip (4th (202) 482-0649. Review). A-570-806.............. 731-TA-472............. PRC.................... Silicon Metal (4th Matthew Renkey Review). (202) 482-2312. ---------------------------------------------------------------------------------------------------------------- Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's Web site at the following address: ``http://enforcement.trade.gov/sunset/.'' All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''), can be found at 19 CFR 351.303.\1\ --------------------------------------------------------------------------- \1\ See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.\2\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in these segments.\3\ The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. --------------------------------------------------------------------------- \2\ See section 782(b) of the Act. \3\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule'') (amending 19 CFR 351.303(g)). --------------------------------------------------------------------------- On April 10, 2013, the Department modified two regulations related to AD/CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).\4\ Parties are advised to review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in these segments.\5\ --------------------------------------------------------------------------- \4\ See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). \5\ See Extension of Time Limits, 78 FR 57790 (September 20, 2013). --------------------------------------------------------------------------- Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (``APO'') to file an APO application immediately following publication in the Federal Register of this notice of initiation. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review.\6\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.218(d)(1)(iii). --------------------------------------------------------------------------- If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews. Consult the Department's regulations at 19 CFR part 351 for definitions of terms and for other general information concerning [[Page 12440]] antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: February 27, 2017. James Maeder, Senior Director, Office for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-04274 Filed 3-2-17; 8:45 am] BILLING CODE 3510-DS-P
![12438 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
Company Subsidy rate
Shandong Haoyang New Engineering Materials Co., Ltd.* ................................................................................................................ 152.50
Shandong Tongfa Glass Fiber Ltd.* .................................................................................................................................................... 152.50
Shandong Xinyu Geosynthetics Ltd.* .................................................................................................................................................. 152.50
Tai’an Haohua Plastics Co., Ltd.* ....................................................................................................................................................... 152.50
Taian Hengbang Engineering Material Co., Ltd.* ............................................................................................................................... 152.50
Taian Naite Geosynthetics Ltd.* .......................................................................................................................................................... 152.50
Taian Road Engineering Materials Co., Ltd.* ...................................................................................................................................... 152.50
Tenax* .................................................................................................................................................................................................. 152.50
Hengshui Zhongtiejian Group Co.* ...................................................................................................................................................... 152.50
Qingdao Sunrise Dageng Import and Export Co., Ltd.* ...................................................................................................................... 152.50
Provisional Measures section 706(a) of the Act. Interested processing that would not otherwise remove
parties can find a list of antidumping the merchandise from the scope of the
Section 733(d) of the Act states that investigations if performed in the country of
instructions issued pursuant to an duty orders currently in effect at http://
enforcement.trade.gov/stats/ manufacture of the biaxial integral geogrid.
affirmative preliminary determination The products subject to the scope are
may not remain in effect for more than iastats1.html. currently classified in the Harmonized Tariff
four months. In the underlying This order is issued and published in Schedule of the United States (HTSUS) under
investigation, the Department published accordance with section 706(a) of the the following subheading: 3926.90.9995.
the Preliminary Determination on June Act and 19 CFR 351.211(b). Subject merchandise may also enter under
24, 2016. Therefore, the four-month Dated: February 24, 2017. subheadings 3920.20.0050 and 3925.90.0000.
The HTSUS subheadings set forth above are
period beginning on the date of the Ronald K. Lorentzen,
provided for convenience and U.S. Customs
publication of the Preliminary Acting Assistant Secretary for Enforcement purposes only. The written description of the
Determination ended on October 22, and Compliance. scope is dispositive.
2016. Furthermore, section 737(b) of the
Act states that definitive duties are to Appendix [FR Doc. 2017–04132 Filed 3–2–17; 8:45 am]
BILLING CODE 3510–DS–P
begin on the date of publication of the The products covered by the scope are
ITC’s final injury determination. certain biaxial integral geogrid products.
Therefore, in accordance with section Biaxial integral geogrid products are a
polymer grid or mesh material (whether or DEPARTMENT OF COMMERCE
733(d) of the Act and our practice, we
instructed CBP to terminate the not finished, slit, cut-to-length, attached to
woven or non-woven fabric or sheet material, International Trade Administration
suspension of liquidation and to or packaged) in which four-sided openings in
liquidate, without regard to the form of squares, rectangles, rhomboids, Initiation of Five-Year (‘‘Sunset’’)
antidumping duties, unliquidated diamonds, or other four-sided figures Reviews
entries of geogrids from the PRC predominate. The products covered have
entered, or withdrawn from warehouse, integral strands that have been stretched to AGENCY: Enforcement and Compliance,
for consumption after October 22, 2016, induce molecular orientation into the International Trade Administration,
the date the provisional measures material (as evidenced by the strands being Department of Commerce.
expired, until and through the day thinner in width toward the middle between
the junctions than at the junctions SUMMARY: In accordance with section
preceding the date of publication of the 751(c) of the Tariff Act of 1930, as
themselves) constituting the sides of the
ITC’s final injury determination in the openings and integral junctions where the amended (‘‘the Act’’), the Department of
Federal Register. Suspension of strands intersect. The scope includes Commerce (‘‘the Department’’) is
liquidation will resume on the date of products in which four-sided figures automatically initiating the five-year
publication of the ITC’s final predominate whether or not they also contain reviews (‘‘Sunset Reviews’’) of the
determination in the Federal Register. additional strands intersecting the four-sided antidumping and countervailing duty
figures and whether or not the inside corners
Critical Circumstances (‘‘AD/CVD’’) order(s) listed below. The
of the four-sided figures are rounded off or
not sharp angles. As used herein, the term International Trade Commission (‘‘the
With regard to the ITC’s negative
‘‘integral’’ refers to strands and junctions that Commission’’) is publishing
critical circumstances determination on
are homogenous with each other. The concurrently with this notice its notice
imports of geogrids from the PRC, we
products covered have a tensile strength of of Institution of Five-Year Review which
will instruct CBP to lift suspension and
greater than 5 kilonewtons per meter (kN/m) covers the same order(s).
to refund any cash deposits made to according to American Society for Testing
secure the payment of estimated and Materials (ASTM) Standard Test Method DATES: Effective Date: March 1, 2017.
countervailing duties with respect to D6637/D6637M in any direction and average FOR FURTHER INFORMATION CONTACT: The
geogrids from the PRC entered, or overall flexural stiffness of more than Department official identified in the
withdrawn from warehouse, for 100,000 milligram-centimeter according to Initiation of Review section below at
consumption on or after March 26, 2016 the ASTM D7748/D7748M Standard Test
Method for Flexural Rigidity of Geogrids,
AD/CVD Operations, Enforcement and
(i.e., 90 days prior to the date of the Compliance, International Trade
publication of the CVD Preliminary Geotextiles and Related Products, or other
equivalent test method standards. Administration, U.S. Department of
mstockstill on DSK3G9T082PROD with NOTICES
Determination), but before June 24, 2016 Commerce, 1401 Constitution Avenue
Subject merchandise includes material
(i.e., the date of publication of the CVD matching the above description that has been NW., Washington, DC 20230. For
Preliminary Determination). finished, packaged, or otherwise further information from the Commission
Notifications to Interested Parties processed in a third country, including by contact Mary Messer, Office of
trimming, slitting, coating, cutting, punching Investigations, U.S. International Trade
This notice constitutes the holes, stretching, attaching to woven or non-
countervailing duty order with respect Commission at (202) 205–3193.
woven fabric or sheet material, or any other
to geogrids from the PRC pursuant to finishing, packaging, or other further SUPPLEMENTARY INFORMATION:
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![12440 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
antidumping and countervailing duty subject to the Department’s affirmative Suspension of Liquidation
proceedings at the Department. critical circumstances finding.2 In accordance with section
This notice of initiation is being 735(c)(1)(B) of the Act, we will instruct
published in accordance with section Scope of the Order
CBP to reinstitute the suspension of
751(c) of the Act and 19 CFR 351.218(c). The scope of this order covers liquidation of geogrids from the PRC.
Dated: February 27, 2017. geogrids from the PRC. For a complete We will also instruct CBP to require
James Maeder, description of the scope, see Appendix. cash deposits equal to the estimated
Senior Director, Office for Antidumping and amount by which the normal value
Countervailing Duty Operations. Antidumping Duty Order exceeds the U.S. price as indicated in
[FR Doc. 2017–04274 Filed 3–2–17; 8:45 am] On February 24, 2017, in accordance the chart below, adjusted where
BILLING CODE 3510–DS–P with section 735(d) of the Act, the ITC appropriate for export subsidies and
estimated domestic subsidy pass-
notified the Department of its final
through.5 These instructions suspending
determination in this investigation, in
DEPARTMENT OF COMMERCE liquidation will remain in effect until
which it found that an industry in the
further notice.
International Trade Administration United States is materially injured by Accordingly, effective on the date of
reason of imports of geogrids from the publication of the ITC’s final affirmative
[A–570–036] PRC, and that critical circumstances do determinations, CBP will require, at the
not exist with respect to imports of same time as importers would normally
Certain Biaxial Integral Geogrid subject merchandise that are subject to
Products From the People’s Republic deposit estimated duties on this subject
the Department’s affirmative critical merchandise, a cash deposit equal to the
of China: Antidumping Duty Order
circumstances finding.3 Therefore, in estimated weighted-average dumping
AGENCY: Enforcement and Compliance, accordance with section 735(c)(2) of the margins, adjusted where appropriate for
International Trade Administration, Act, the Department is issuing this export subsidies and estimated domestic
Department of Commerce. antidumping duty order. Because the subsidy pass-through.6 The ‘‘PRC-wide’’
SUMMARY: Based on affirmative final ITC determined that imports of geogrids rate applies to all exporters of subject
determinations by the Department of from the PRC are materially injuring a merchandise.
Commerce (the Department) and the U.S. industry, unliquidated entries of
International Trade Commission (ITC), such merchandise from the PRC, Weighted-
the Department is issuing the Cash
entered or withdrawn from warehouse average
Exporter or deposit
antidumping duty order on certain dumping
for consumption, are subject to the producer margin rate
biaxial integral geogrid products assessment of antidumping duties. (percent) (percent)
(geogrids) from the People’s Republic of
China (PRC). Therefore, in accordance with section
PRC-Wide Entity 7 372.81 372.81
736(a)(1) of the Act, the Department will
DATES: Effective March 3, 2017.
direct U.S. Customs and Border
FOR FURTHER INFORMATION CONTACT: Julia Provisional Measures
Protection (CBP) to assess, upon further
Hancock at (202) 482–1394, AD/CVD instruction by the Department, Section 733(d) of the Act states that
Operations, Enforcement and antidumping duties equal to the amount instructions issued pursuant to an
Compliance, International Trade by which the normal value of the affirmative preliminary determination
Administration, U.S. Department of merchandise exceeds the export price may not remain in effect for more than
Commerce, 1401 Constitution Avenue four months, except where exporters
(or constructed export price) of the
NW., Washington, DC 20230. representing a significant proportion of
merchandise, for all relevant entries of
SUPPLEMENTARY INFORMATION: geogrids from the PRC. Antidumping exports of the subject merchandise
Background duties will be assessed on unliquidated request the Department to extend that
entries of geogrids entered, or four-month period to no more than six
In accordance with sections 735(d) months. At the request of an exporter
and 777(i)(1) of the Tariff Act of 1930, withdrawn from warehouse, for
consumption on or after August 22, that accounted for a significant
as amended (the Act), and 19 CFR proportion of exports of geogrids from
351.210(c), on January 11, 2017, the 2016, the date of publication of the
Preliminary Determination,4 but will the PRC, we extended the four-month
Department published its affirmative period to no more than six-months.8 In
final determination in the less-than-fair- not include entries occurring after the
expiration of the provisional measures the underlying investigation, the
value (LTFV) investigation of geogrids Department published the Preliminary
from the PRC.1 On February 24, 2017, period and before publication of the
ITC’s final injury determination as Determination on August 22, 2016.
the ITC notified the Department of its Therefore, the six-month period
affirmative determination that an further described below.
beginning on the date of the publication
industry in the United States is of the Preliminary Determination ended
2 See Letter to Ronald Lorentzen, Acting Assistant
materially injured within the meaning
Secretary of Commerce for Enforcement and
of section 735(b)(1)(A)(i) of the Act, by Compliance, from Rhonda K. Schmidtlein, 5 See Final Determination, 82 FR at 3286
reason of the LTFV imports of geogrids Chairman of the U.S. International Trade (describing the adjustments to the AD duty rate for
from the PRC, and of its determination Commission, regarding geogrids from the PRC the PRC-wide entity in more detail); see also
(February 24, 2016) (ITC Letter). sections 772(c)(1)(C) and 777A(f) of the Act,
that critical circumstances do not exist
mstockstill on DSK3G9T082PROD with NOTICES
3 See ITC Letter. respectively.
with respect to imports of subject 4 See Certain Biaxial Integral Geogrid Products 6 Id. at 3286 (we did not make any adjustment to
merchandise from the PRC that are from the People’s Republic of China: Affirmative the cash deposit rates for export subsidy rates or
Preliminary Determination of Sales at Less Than domestic subsidy pass-through).
1 See Certain Biaxial Integral Geogrid Products 7 As discussed in the Final Determination, the
Fair Value, Affirmative Determination of Critical
from the People’s Republic of China: Final Circumstances, in Part, and Postponement of Final PRC-wide entity includes BOSTD Geosynthetics
Determination of Sales at Less Than Fair Value, 82 Determination, 81 FR 56584 (August 22, 2016) Qingdao Ltd. (BOSTD) and Taian Modern Plastic
FR 3284 (January 11, 2017) and accompanying (Preliminary Determination) and accompanying Co., Ltd. (Taian Modern).
Issues and Decision Memorandum. Preliminary Decision Memorandum. 8 See Preliminary Determination, 81 FR at 56586.
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Document Created: 2018-02-01 14:45:53
Document Modified: 2018-02-01 14:45:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: March 1, 2017. | |
| Contact | The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205- 3193. | |
| FR Citation | 82 FR 12438 |
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