82 FR 14876 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 55 (March 23, 2017)
International Trade Administration
Federal Register Volume 82, Issue 55 (March 23, 2017)
| Page Range | 14876-14879 | |
| FR Document | 2017-05805 |
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)] [Notices] [Pages 14876-14879] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05805] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-045] 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that 1- Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The final weighted- average dumping margins for the investigation on HEDP from the PRC are listed in the ``Final Determination Margins'' section of this notice. DATES: Effective March 23, 2017. FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 482-6491, respectively. SUPPLEMENTARY INFORMATION: Background On November 4, 2016, the Department published its Preliminary Determination.\1\ We invited interested parties to comment on our Preliminary Determination of sales at LTFV. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 81 FR 76916 (November 4, 2016) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination of the Less-Than-Fair-Value Investigation of 1- Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was January 2016.\3\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.204(b)(1). --------------------------------------------------------------------------- Scope of the Investigation The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of 1- hydroxyethylidene-1, 1-diphosphonic acid (HEDP), also referred to as hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The Chemical Abstract Service (CAS) registry number for HEDP is 2809-21-4. The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2931.90.9043. It may also enter under HTSUS subheadings 2811.19.6090 and 2931.90.9041. While HTSUS subheadings and the CAS registry number are provided for convenience and customs purposes only, the written description of the scope of this investigation is dispositive. Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.\4\ The Appendix to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and 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. The Issues and Decision Memorandum 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 Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of [[Page 14877]] the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in December 2016, the Department conducted verification of the information submitted by Shandong Taihe Chemical Co., Ltd. (Taihe), Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. (collectively, WW Group) for use in the final determination. We issued our verification reports on January 19, 2017.\5\ The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.\6\ --------------------------------------------------------------------------- \5\ See the Department's two memoranda regarding: ``Verification of the Questionnaire Responses of Shandong Taihe Chemical Co., Ltd. in the Antidumping Investigation of HEDP from the People's Republic of China'' (January 19, 2017) (Taihe Verification Report); and ``Verification of the Questionnaire Responses of the WW Group in the Antidumping Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the People's Republic of China'' (January 19, 2017) (WW Group's Verification Report). \5\ Id. \6\ Id. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on the Department's verifications of Taihe and WW Group, we made changes from the Preliminary Determination. For WW Group, the Department classified the company's joint-product as a co-product. Additionally, we made a change to the calculation of inventory carrying costs and irrecoverable value-added tax. For Taihe, the Department did not use a net realizable value calculation in Taihe's margin calculation. Additionally, for Taihe, we included inventory carrying costs for all sales where warehousing expenses were reported. The Department also included indirect selling expenses in Taihe's margin calculation. The Department also made the necessary calculation adjustment to international freight, domestic brokerage, and domestic inland freight where the expenses are calculated on a gross weight basis for both Taihe and WW Group. Lastly, the Department made the necessary calculation adjustment for marine insurance surrogate value for Taihe and WW Group. PRC-Wide Entity As explained in the Preliminary Determination, we are applying a rate based entirely on adverse facts available (AFA) to the PRC-wide entity. The Department did not receive timely responses to its quantity and value (Q&V) questionnaire or separate rate applications from certain PRC exporters and/or producers of subject merchandise that were named in the petition and to which the Department issued Q&V questionnaires.\7\ As these non-responsive PRC companies did not demonstrate that they are eligible for separate rate status, the Department continues to consider them to be part of the PRC-wide entity. Further, because these non-responsive companies withheld requested information, significantly impeded the proceeding, and failed to cooperate to the best of their abilities, we are basing the PRC-wide entity rate on AFA. --------------------------------------------------------------------------- \7\ See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 16-17 (Separate Rate). --------------------------------------------------------------------------- PRC-Wide Rate In selecting the AFA rate for the PRC-wide entity, the Department's practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.\8\ Specifically, it is the Department's practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.\9\ As AFA, the Department has assigned to the PRC-wide entity the rate of 184.01 percent, which is the highest calculated dumping margin of any respondent in the investigation. --------------------------------------------------------------------------- \8\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 70 FR 28279 (May 17, 2005). \9\ See, e.g., Certain Stilbenic Optical Brightening Agents from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People's Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- Non-Selected Separate Rate In calculating rates for non-individually investigated respondents in the context of non-market economy cases, the Department looks to section 735(c)(5)(A)-(B) of the Tariff Act of 1930, (as amended) (the Act), which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be equivalent to the weighted average of the estimated weighted-average dumping margins calculated for exporters and producers individually investigated, excluding any margins that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that where all individually investigated exporters or producers receive rates that are zero, de minimis, or based entirely on facts available, then the Department may use ``any reasonable method'' to establish the all- others rate for those companies not individually investigated. Apart from the mandatory respondents in this investigation, two other PRC exporters of the subject merchandise during the POI established entitlement to a separate rate.\10\ Thus, separate rates are being assigned in this segment to Jianghai Environmental Protection Co., Ltd. (Jianghai) and Henan Qingshuiyuan Technology Co., Ltd. (Qingshuiyuan). There currently exist no individually investigated respondents that have failed to cooperate in this investigation, and there are no zero or de minimis margins. Therefore, we are continuing to determine the separate rate for non-selected companies (Jianghai and Qingshuiyuan) based on a weighted average of the calculated rates determined for the mandatory respondents,\11\ in accordance with section 735(c)(5)(A) of the Act. --------------------------------------------------------------------------- \10\ See Preliminary Decision. \11\ We have calculated (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We compared (B) and (C) to (A) and selected the rate closest to (A). Accordingly, we selected (C) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed- Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: [[Page 14878]] ---------------------------------------------------------------------------------------------------------------- Weighted-average Producer Exporter dumping margin Cash deposit rate (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Nanjing University of Chemical Technology Nanjing University of 184.01 184.01 Changzhou Wujin Water Quality Stabilizer Chemical Technology Factory. Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. Shandong Taihe Water Treatment Technologies Shandong Taihe Chemicals Co., 167.58 167.28 Co., Ltd. Ltd. Henan Qingshuiyuan Technology Co., Ltd..... Henan Qingshuiyuan Technology 179.76 179.46 Co., Ltd. Jianghai Environmental Protection Co., Ltd. Jianghai Environmental 179.76 179.46 Protection Co., Ltd. ---------------------------------------------------------------------------------------------------------------- PRC-Wide Entity........................ ............................. 184.01 184.01 ---------------------------------------------------------------------------------------------------------------- Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of HEDP from the PRC, as described in the ``Scope of the Investigation'' section, entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of publication of the Preliminary Determination notice in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to require a cash deposit \12\ equal to the weighted- average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the PRC-wide entity; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \12\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- We normally adjust antidumping duty cash deposit rates by the amount of export subsidies, where appropriate. In the companion CVD investigation, we have found that the WW Group did not receive export subsidies.\13\ Therefore, no offset to the WW Group's cash deposit rate for export subsidies is necessary.\14\ With respect to Taihe, because its countervailing duty rate in the companion investigation included an amount for export subsidies, an offset of 0.30 percent will be made to its cash deposit rate.\15\ With respect to the separate-rate companies, we find that an export subsidy adjustment of 0.30 percent to the cash deposit rate is warranted because this is the export subsidy rate included in the countervailing duty ``all others'' rate to which the separate-rate companies are subject. For the PRC-wide entity, which received an adverse facts available rate in this preliminary determination, as an extension of the adverse inference found necessary pursuant to section 776(b) of the Act, the Department has not adjusted the PRC-wide entity's AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding, because the lowest export subsidy rate determined in the companion CVD proceeding is 0.00 percent.\16\ \17\ --------------------------------------------------------------------------- \13\ See Countervailing Duty Investigation of 1- Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China: Final Affirmative Determination and Alignment of Final Determination with Final Antidumping Duty Determination, filed concurrently with this notice. \14\ Id. \15\ Id. \16\ See, e.g., Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35. \17\ See HEDP CVD Prelim at 81 FR 62085. --------------------------------------------------------------------------- Pursuant to section 777A(f) of the Act, we normally adjust preliminary cash deposit rates for estimated domestic subsidy pass- through, where appropriate. However, in this case there is no basis to grant a domestic subsidy pass-through adjustment.\18\ --------------------------------------------------------------------------- \18\ See Preliminary Decision Memorandum at 28-29. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As the Department's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of HEDP for sale from the PRC, or sales (or the likelihood of sales) for importation, of HEDP from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. [[Page 14879]] Dated: March 20, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Changes Since the Preliminary Determination VII. List of Issues VIII. Discussion of Comments General Issues: Comment 1: Selection of Surrogate Country Comment 2: Selection of Surrogate Final Ratios and Use of CYDSA's Financial Statement Comment 3: Treatment of Joint Product Comment 4: Treatment of Water Comment 5: Net Versus Gross Weight Comment 6: Surrogate Value for Marine Insurance Comment 7: Recalculating Marine Insurance by Using Gross Unit Price Comment 8: Consideration of FOPs as Overhead Comment 9: Partial Rejection of Petitioner's SV Submissions Comment 10: Selection of Voluntary Respondent Comment 11: Surrogate Value for Ocean Freight Comment 12: Converting Expense for INVCARU Comment 13: Surrogate Value for PCl3 Comment 14: Adjustment of Import Statistics Company-Specific Issues: Taihe Comment 15: Taihe's Movement Expenses Company-Specific Issues: WW Group Comment 16: Conversion Calculation for Water Surrogate Value Comment 17: Adjustment of Irrecoverable VAT IX. Conclusion [FR Doc. 2017-05805 Filed 3-22-17; 8:45 am] BILLING CODE 3510-DS-P
![14876 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices
International Trade Commission Average Method Calculating the Margin Period of Investigation
Notification in the Final Determination
Comment 5: Whether the Department Made The period of investigation (POI) is
In accordance with section 735(d) of Certain Ministerial Errors in its July 1, 2015, through December 31,
the Act, we will notify the U.S. Calculations 2015. This period corresponds to the
International Trade Commission (‘‘ITC’’) Comment 6: General and administrative two most recent fiscal quarters prior to
of our final determination. As our final (G&A) Expenses the month of the filing of the petition,
determination is affirmative, in Comment 7: Financial Expenses which was January 2016.3
accordance with section 735(b)(2) of the Comment 8: Whether to Continue to Apply
a Quarterly Cost Methodology Scope of the Investigation
Act, the ITC will determine within 45 V. Recommendation
days of the final determination whether The merchandise covered by this
the domestic industry in the United [FR Doc. 2017–05808 Filed 3–22–17; 8:45 am] investigation includes all grades of
States is materially injured, or BILLING CODE 3510–DS–P aqueous acidic (non-neutralized)
threatened with material injury, by concentrations of 1-hydroxyethylidene-
reason of imports, or sales (or the 1, 1-diphosphonic acid (HEDP), also
likelihood of sales) for importation, of DEPARTMENT OF COMMERCE referred to as
the subject merchandise. If the ITC hydroxyethylidenendiphosphonic acid,
International Trade Administration hydroxyethanediphosphonic acid,
determines that such injury exists, the
Department will issue an antidumping [A–570–045] acetodiphosphonic acid, and etidronic
duty order directing CBP to assess, upon acid. The Chemical Abstract Service
further-instruction by the Department, 1-Hydroxyethylidene-1, 1- (CAS) registry number for HEDP is
antidumping duties on all imports of the Diphosphonic Acid From the People’s 2809–21–4.
subject merchandise entered, or Republic of China: Final Determination The merchandise subject to this
withdrawn from warehouse, for of Sales at Less Than Fair Value investigation is currently classified in
consumption on or after the effective the Harmonized Tariff Schedule of the
AGENCY: Enforcement and Compliance,
date of the suspension of liquidation. United States (HTSUS) at subheading
International Trade Administration,
2931.90.9043. It may also enter under
Notification Regarding Administrative Department of Commerce.
HTSUS subheadings 2811.19.6090 and
Protective Orders (‘‘APOs’’) SUMMARY: The Department of Commerce
2931.90.9041. While HTSUS
(Department) determines that 1- subheadings and the CAS registry
This notice will serve as a reminder Hydroxyethylidene-1, 1-Diphosphonic
to parties subject to APOs of their number are provided for convenience
Acid (HEDP) from the People’s Republic and customs purposes only, the written
responsibility concerning the of China (PRC) is being, or is likely to
disposition of proprietary information description of the scope of this
be, sold in the United States at less than investigation is dispositive.
disclosed under APO in accordance fair value (LTFV). The final weighted-
with 19 CFR 351.305(a)(3). Timely average dumping margins for the Analysis of Comments Received
written notification of the destruction of investigation on HEDP from the PRC are
APO materials or conversion to judicial We addressed all issues raised by
listed in the ‘‘Final Determination parties in case and rebuttal briefs in the
protective order is hereby requested. Margins’’ section of this notice.
Failure to comply with the-regulations Issues and Decision Memorandum.4 The
DATES: Effective March 23, 2017. Appendix to this notice includes a list
and the terms of an APO is a
sanctionable violation. FOR FURTHER INFORMATION CONTACT: of the issues which the parties raised
This determination and notice are Omar Qureshi or Kenneth Hawkins, AD/ and to which the Department responded
issued and published in accordance CVD Operations, Office V, Enforcement in the Issues and Decision
with sections 735(d) and 777(i) of the and Compliance, International Trade Memorandum. The Issues and Decision
Act. Administration, U.S. Department of Memorandum is a public document and
Commerce, 1401 Constitution Avenue is on file electronically via Enforcement
Dated: March 16, 2017. NW., Washington, DC 20230; telephone: and Compliance’s Antidumping and
Ronald K. Lorentzen, (202) 482–5307 or (202) 482–6491, Countervailing Duty Centralized
Acting Assistant Secretary for Enforcement respectively. Electronic Service System (ACCESS).
and Compliance. SUPPLEMENTARY INFORMATION: ACCESS is available to registered users
at http://access.trade.gov. The Issues
Appendix Background and Decision Memorandum is available
List of Topics in the Issues and Decision On November 4, 2016, the Department to all parties in the Central Records
Memorandum Unit, Room B8024 of the main
published its Preliminary
I. Summary Determination.1 We invited interested Department of Commerce building. In
II. List of Issues parties to comment on our Preliminary addition, a complete version of the
III. Background Determination of sales at LTFV. For a Issues and Decision Memorandum is
IV. Scope of the Investigation available at http://
V. Discussion of the Issues
list of the parties that filed case and
rebuttal briefs, see the Issues and enforcement.trade.gov/frn/index.html.
Comment 1: Whether the Department
Should Use Contract Date as the Date of Decision Memorandum.2 The signed and electronic versions of
Sale for Korvan’s Sales to one of its U.S.
Customers 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic to Ronald K. Lorentzen, Acting Assistant Secretary
sradovich on DSK3GMQ082PROD with NOTICES
Comment 2: Duty Drawback Acid from the People’s Republic of China: for Enforcement and Compliance, ‘‘Issues and
Affirmative Preliminary Determination of Sales at Decision Memorandum for the Final Determination
Comment 3: Whether the Department of the Less-Than-Fair-Value Investigation of 1-
Less Than Fair Value, and Postponement of Final
Should Continue to Treat Korvan’s Determination, 81 FR 76916 (November 4, 2016) Hydroxyethylidene-1, 1-Diphosphonic Acid from
Separate Home Market Sale of Korvan- (Preliminary Determination) and accompanying the People’s Republic of China,’’ dated concurrently
Produced and Korvan-Purchased Preliminary Decision Memorandum. with this notice (Issues and Decision
Ferrovanadium as a Separate Sales 2 See Memorandum from Gary Taverman, Memorandum).
Comment 4: Whether the Department Associate Deputy Assistant Secretary for 3 See 19 CFR 351.204(b)(1).
Should Apply Its Standard Average-To- Antidumping and Countervailing Duty Operations, 4 See Issues and Decision Memorandum.
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![Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices 14879
Dated: March 20, 2017. invites organizations to provide Background: The NCCoE, part of
Ronald K. Lorentzen, products and technical expertise to NIST, is a public-private collaboration
Acting Assistant Secretary for Enforcement support and demonstrate security for accelerating the widespread
and Compliance. platforms for the Capabilities adoption of integrated cybersecurity
Assessment for Securing Manufacturing tools and technologies. The NCCoE
Appendix—Issues and Decision
Industrial Control Systems. This notice brings together experts from industry,
Memorandum
is the initial step for the National government, and academia under one
I. Summary Cybersecurity Center of Excellence roof to develop practical, interoperable
II. Background (NCCoE) in collaborating with cybersecurity approaches that address
III. Period of Investigation technology companies to address the real-world needs of complex
IV. Scope of the Investigation cybersecurity challenges identified Information Technology (IT) systems.
V. Scope Comments
VI. Changes Since the Preliminary
under the Manufacturing sector By accelerating dissemination and use
Determination program. Participation in the of these integrated tools and
VII. List of Issues Capabilities Assessment for Securing technologies for protecting IT assets, the
VIII. Discussion of Comments Manufacturing Industrial Control NCCoE will enhance trust in U.S. IT
General Issues: Systems use case is open to all communications, data, and storage
Comment 1: Selection of Surrogate Country interested organizations. systems; reduce risk for companies and
Comment 2: Selection of Surrogate Final DATES: Interested parties must contact individuals using IT systems; and
Ratios and Use of CYDSA’s Financial encourage development of innovative,
NIST to request a letter of interest
Statement job-creating cybersecurity products and
Comment 3: Treatment of Joint Product template to be completed and submitted
Comment 4: Treatment of Water to NIST. Letters of interest will be services.
Comment 5: Net Versus Gross Weight accepted on a first come, first served Process: NIST is soliciting responses
Comment 6: Surrogate Value for Marine basis. Collaborative activities will from all sources of relevant security
Insurance commence as soon as enough completed capabilities (see below) to enter into a
Comment 7: Recalculating Marine and signed letters of interest have been Cooperative Research and Development
Insurance by Using Gross Unit Price returned to address all the necessary Agreement (CRADA) to provide
Comment 8: Consideration of FOPs as components and capabilities of the products and technical expertise to
Overhead support and demonstrate security
project, but no earlier than April 24,
Comment 9: Partial Rejection of platforms for the Capabilities
Petitioner’s SV Submissions 2017. When the use case has been
completed, NIST will post a notice on Assessment for Securing Manufacturing
Comment 10: Selection of Voluntary
Respondent the NCCoE Manufacturing sector Industrial Control Systems for the
Comment 11: Surrogate Value for Ocean program Web site at https:// Manufacturing sector. The full
Freight nccoe.nist.gov/projects/use_cases/ Capabilities Assessment for Securing
Comment 12: Converting Expense for manufacturing announcing the Manufacturing Industrial Control
INVCARU completion of the use case and Systems use case can be viewed here:
Comment 13: Surrogate Value for PCl3 https://nccoe.nist.gov/projects/use_
informing the public that it will no
Comment 14: Adjustment of Import cases/capabilities-assessment-securing-
Statistics longer accept letters of interest for the
Capabilities Assessment for Securing manufacturing-industrial-control-
Company-Specific Issues: Taihe
Manufacturing Industrial Control systems.
Comment 15: Taihe’s Movement Expenses
Company-Specific Issues: WW Group Systems use case. Interested parties should contact NIST
Comment 16: Conversion Calculation for using the information provided in the
ADDRESSES: The NCCoE is located at
Water Surrogate Value FOR FURTHER INFORMATION CONTACT
9700 Great Seneca Highway, Rockville,
Comment 17: Adjustment of Irrecoverable section of this notice. NIST will then
MD 20850. Letters of interest must be
VAT provide each interested party with a
IX. Conclusion submitted to manufacturing_nccoe@
letter of interest template, which the
nist.gov, or via hardcopy to National
[FR Doc. 2017–05805 Filed 3–22–17; 8:45 am] party must complete, certify that it is
Institute of Standards and Technology, accurate, and submit to NIST. NIST will
BILLING CODE 3510–DS–P
NCCoE; 9700 Great Seneca Highway, contact interested parties if there are
Rockville, MD 20850. Organizations questions regarding the responsiveness
whose letters of interest are accepted in of the letters of interest to the use case
DEPARTMENT OF COMMERCE
accordance with the process set forth in objective or requirements identified
National Institute of Standards and the SUPPLEMENTARY INFORMATION section below. NIST will select participants
Technology of this notice will be asked to sign a who have submitted complete letters of
Cooperative Research and Development interest on a first come, first served
[Docket No.: 170221188–7188–01] Agreement (CRADA) with NIST. A basis within each category of product
RIN 0693–XC072 CRADA template can be found at: components or capabilities listed below
https://nccoe.nist.gov/library/nccoe- up to the number of participants in each
National Cybersecurity Center of consortium-crada-example. category necessary to carry out this use
Excellence (NCCoE) Capabilities FOR FURTHER INFORMATION CONTACT: Jim case. However, there may be continuing
Assessment for Securing McCarthy via email at James.McCarthy@ opportunities to participate even after
Manufacturing Industrial Control nist.gov; by telephone at 301–975–0228; initial activity commences. Selected
Systems for the Manufacturing Sector or by mail to National Institute of
sradovich on DSK3GMQ082PROD with NOTICES
participants will be required to enter
AGENCY: National Institute of Standards Standards and Technology, NCCoE, into a consortium CRADA with NIST
and Technology, Department of 9700 Great Seneca Highway, Rockville, (for reference, see ADDRESSES section
Commerce. MD 20850. Additional details about the above). NIST published a notice in the
Manufacturing sector program can be Federal Register on October 19, 2012
ACTION: Notice.
found here: https://nccoe.nist.gov/ (77 FR 64314) inviting U.S. companies
SUMMARY: The National Institute of projects/use_cases/manufacturing. to enter into National Cybersecurity
Standards and Technology (NIST) SUPPLEMENTARY INFORMATION: Excellence Partnerships (NCEPs) in
VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1](https://thefederalregister.org/doc/82_FR_14931/page/4.svg)
Document Created: 2017-03-23 02:45:23
Document Modified: 2017-03-23 02:45:23
| 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 March 23, 2017. | |
| Contact | Omar Qureshi or Kenneth Hawkins, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 482-6491, respectively. | |
| FR Citation | 82 FR 14876 |
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