82_FR_16224 82 FR 16162 - Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws

82 FR 16162 - Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16162-16163
FR Document2017-06535

As part of the less-than-fair-value investigation of certain aluminum foil from the People's Republic of China (PRC), the Department of Commerce (Department) is initiating an inquiry into whether the PRC should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. As part of this inquiry, the Department is seeking public comment and information with respect to the factors to be considered under the Tariff Act of 1930, as amended (the Act).

Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017) 
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16162-16163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06535]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 170328324-7324-01; A-570-053]


Certain Aluminum Foil From the People's Republic of China: Notice 
of Initiation of Inquiry Into the Status of the People's Republic of 
China as a Nonmarket Economy Country Under the Antidumping and 
Countervailing Duty Laws

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

ACTION: Notice of initiation and request for public comment and 
information.

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SUMMARY: As part of the less-than-fair-value investigation of certain 
aluminum foil from the People's Republic of China (PRC), the Department 
of Commerce (Department) is initiating an inquiry into whether the PRC 
should continue to be treated as a nonmarket economy (NME) country 
under the antidumping and countervailing duty laws. As part of this 
inquiry, the Department is seeking public comment and information with 
respect to the factors to be considered under the Tariff Act of 1930, 
as amended (the Act).

DATES: To be assured of consideration, written comments and information 
must be received no later than May 3, 2017.

ADDRESSES: You may submit comments and information by either of the 
following methods:
     Federal eRulemaking Portal: www.Regulations.gov. The 
identification number is ITA-2017-0002.
     Postal Mail/Commercial Delivery to Leah Wils-Owens, 
Department of

[[Page 16163]]

Commerce, Enforcement and Compliance, Room 3720, 1401 Constitution 
Avenue NW., Washington, DC and reference ``Inquiry Into the Status of 
the People's Republic of China as a Nonmarket Economy Country Under the 
Antidumping and Countervailing Duty Laws, ITA-2017-0002'' in the 
subject line.
    Instructions: You must submit comments by one of the above methods 
to ensure that the comments are received and considered. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period, may not be considered. All 
comments and information received are a part of the public record and 
will generally be posted to http://www.regulations.gov without change. 
All Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. Any comments and information must be in English 
or be accompanied by English translations to be considered. The 
Department will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only. Supporting documents and any comments we receive 
on this docket may be viewed at http://www.regulations.gov/ITA-2017-0002.

FOR FURTHER INFORMATION CONTACT: Albert Hsu at (202) 482-4491 or Daniel 
Calhoun at (202) 482-1439.

SUPPLEMENTARY INFORMATION:

Background

    Section 771(18)(A) of the Act defines the term ``nonmarket economy 
country'' as any foreign country determined by the Department not to 
``operate on market principles of cost or pricing structures, so that 
sales of merchandise in such country do not reflect the fair value of 
the merchandise.''
    The Department has treated the PRC as an NME country in all past 
antidumping duty investigations and administrative reviews. See, e.g., 
Seamless Refined Copper Pipe and Tube From the People's Republic of 
China: Preliminary Results and Partial Rescission of Administrative 
Review; 2012-2013, 79 FR 71089 (December 1, 2014), unchanged in 
Seamless Refined Copper Pipe and Tube From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2012-
2013, 80 FR 32087 (June 5, 2015); Notice of Final Determination of 
Sales at Less Than Fair Value, and Affirmative Critical Circumstances, 
In Part: Certain Lined Paper Products From the People's Republic of 
China, 71 FR 53079 (September 8, 2006); Final Determination of Sales at 
Less than Fair Value: Certain Paper Clips from the People's Republic of 
China, 59 FR 51168 (October 7, 1994). The Department last reviewed the 
PRC's NME status in 2006 and determined to continue to treat the PRC as 
an NME country. See Memorandum for David M. Spooner, Assistant 
Secretary for Import Administration, ``Antidumping Duty Investigation 
of Certain Lined Paper Products from the People's Republic of China 
(`China')--China's Status as a Non-Market Economy (`NME')'' (August 30, 
2006) (2006 PRC NME Determination), available at http://enforcement.trade.gov/download/prc-nme-status/prc-lined-paper-memo-08302006.pdf.

Initiation of Inquiry

    As part of the less-than-fair-value investigation of certain 
aluminum foil from the People's Republic of China,\1\ and pursuant to 
its authority under section 771(18)(C)(ii) of the Act, which states 
that the Department may make a determination with respect to a 
country's NME status ``at any time,'' the Department is initiating an 
inquiry into the PRC's status as an NME country. The Department intends 
to issue its final determination regarding this review of the PRC's NME 
status prior to the issuance of the Department's preliminary 
determination in this investigation.\2\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, signed 
March 28, 2017.
    \2\ Once the Department issues its final determination regarding 
this inquiry into the PRC's status as an NME country, the Department 
will consider whether to seek additional information from interested 
parties to the investigation for purposes of calculating normal 
value.
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    The Department is conducting this inquiry to solicit and collect 
the most recent information following the December 11, 2016, change in 
the PRC's Protocol of Accession to the World Trade Organization. This 
inquiry is being conducted solely pursuant to section 771(18) of the 
Act. Until such time that the Department's determination of the PRC as 
an NME country may be revoked as set forth in section 771(18)(C)(i) of 
the Act, the PRC remains a nonmarket economy under the antidumping and 
countervailing duty laws.

Opportunity for Public Comment and Information

    As part of this inquiry to review the PRC's NME status, the 
Department is interested in receiving public comment and information 
with respect to the PRC on the following factors enumerated by section 
771(18)(B) of the Act, which the Department must take into account in 
making a market/nonmarket economy determination:
    (i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control of the means of 
production;
    (v) the extent of government control over allocation of resources 
and over price and output decisions of enterprises; and
    (vi) such other factors as the administering authority considers 
appropriate.

As specified above, to be assured of consideration, any comments and 
information must be received no later than May 3, 2017.
    This notice is issued and published pursuant to section 
771(18)(C)(ii) of the Act.

    Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-06535 Filed 3-31-17; 8:45 am]
 BILLING CODE 3510-DS-P

16162 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices Weighted- average Cash deposit Exporter Producer dumping (%) margin (%) Taiyuan Ridetaixing Precision Stainless Steel Incor- Taiyuan Ridetaixing Precision Stainless Steel Incor- 63.86 45.26 porated Co., Ltd. porated Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd ........... Zhangjiagang Pohang Stainless Steel Co., Ltd ........... 63.86 45.26 PRC-Wide Entity ........................................................... PRC-Wide Entity ........................................................... 76.64 58.04 Critical Circumstances subsequent to the rolling process, i.e., 7220.20.1080, 7220.20.6005, 7220.20.6010, products which have been ‘‘worked after 7220.20.6015, 7220.20.6060, 7220.20.6080, With regard to the ITC’s negative rolling’’ (e.g., products which have been 7220.20.7005, 7220.20.7010, 7220.20.7015, critical circumstances determination on beveled or rounded at the edges). 7220.20.7060, 7220.20.7080, 7220.90.0010, imports of stainless sheet and strip from For purposes of the width and thickness 7220.90.0015, 7220.90.0060, and the PRC, we will instruct CBP to lift requirements referenced above: (1) Where the 7220.90.0080. Although the HTSUS suspension and to refund any cash nominal and actual measurements vary, a subheadings are provided for convenience deposits made to secure the payment of product is within the scope if application of and customs purposes, the written either the nominal or actual measurement description of the scope of this proceeding is estimated antidumping duties with would place it within the scope based on the dispositive. respect to entries of the subject definitions set forth above; and (2) where the [FR Doc. 2017–06488 Filed 3–31–17; 8:45 am] merchandise entered, or withdrawn width and thickness vary for a specific from warehouse, for consumption on or product (e.g., the thickness of certain BILLING CODE 3510–DS–P after June 21, 2016 (i.e., 90 days prior to products with non-rectangular cross-section, the date of the publication of the AD the width of certain products with non- Preliminary Determination), but before rectangular shape, etc.), the measurement at DEPARTMENT OF COMMERCE September 19, 2016 (i.e., the date of its greatest width or thickness applies. All products that meet the written physical International Trade Administration publication of the AD Preliminary description, and in which the chemistry [Docket No.: 170328324–7324–01; A–570– Determination). quantities do not exceed any one of the noted 053] Notifications to Interested Parties element levels listed above, are within the scope of this order unless specifically Certain Aluminum Foil From the This notice constitutes the excluded. antidumping duty order with respect to People’s Republic of China: Notice of Subject merchandise includes stainless stainless sheet and strip from the PRC, Initiation of Inquiry Into the Status of steel sheet and strip that has been further pursuant to section 736(a) of the Act. processed in a third country, including but the People’s Republic of China as a Interested parties can find a list of not limited to cold-rolling, annealing, Nonmarket Economy Country Under antidumping duty orders currently in tempering, polishing, aluminizing, coating, the Antidumping and Countervailing effect at http://enforcement.trade.gov/ painting, varnishing, trimming, cutting, Duty Laws punching, and/or slitting, or any other stats/iastats1.html. AGENCY: Enforcement and Compliance, processing that would not otherwise remove This order is issued and published in the merchandise from the scope of the order International Trade Administration, accordance with section 736(a) of the if performed in the country of manufacture Department of Commerce. Act and 19 CFR 351.211(b). of the stainless steel sheet and strip. ACTION: Notice of initiation and request Dated: March 28, 2017. Excluded from the scope of this order are for public comment and information. Ronald K. Lorentzen, the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not SUMMARY: As part of the less-than-fair- Acting Assistant Secretary for Enforcement pickled or otherwise descaled; (2) plate (i.e., and Compliance. value investigation of certain aluminum flat-rolled stainless steel products of a foil from the People’s Republic of China Attachment I—Scope of the Orders thickness of 4.75 mm or more); and (3) flat (PRC), the Department of Commerce wire (i.e., cold-rolled sections, with a mill The merchandise covered by this order is edge, rectangular in shape, of a width of not (Department) is initiating an inquiry stainless steel sheet and strip, whether in more than 9.5 mm). into whether the PRC should continue coils or straight lengths. Stainless steel is an The products under order are currently to be treated as a nonmarket economy alloy steel containing, by weight, 1.2 percent classifiable under Harmonized Tariff (NME) country under the antidumping or less of carbon and 10.5 percent or more Schedule of the United States (HTSUS) and countervailing duty laws. As part of of chromium, with or without other subheadings 7219.13.0031, 7219.13.0051, this inquiry, the Department is seeking elements. The subject sheet and strip is a flat- 7219.13.0071, 7219.13.0081, 7219.14.0030, public comment and information with rolled product with a width that is greater 7219.14.0065, 7219.14.0090, 7219.23.0030, respect to the factors to be considered than 9.5 mm and with a thickness of 0.3048 7219.23.0060, 7219.24.0030, 7219.24.0060, mm and greater but less than 4.75 mm, and 7219.32.0005, 7219.32.0020, 7219.32.0025, under the Tariff Act of 1930, as that is annealed or otherwise heat treated, 7219.32.0035, 7219.32.0036, 7219.32.0038, amended (the Act). and pickled or otherwise descaled. The 7219.32.0042, 7219.32.0044, 7219.32.0045, DATES: To be assured of consideration, subject sheet and strip may also be further 7219.32.0060, 7219.33.0005, 7219.33.0020, written comments and information must processed (e.g., cold-rolled, annealed, 7219.33.0025, 7219.33.0035, 7219.33.0036, be received no later than May 3, 2017. tempered, polished, aluminized, coated, 7219.33.0038, 7219.33.0042, 7219.33.0044, mstockstill on DSK3G9T082PROD with NOTICES ADDRESSES: You may submit comments painted, varnished, trimmed, cut, punched, 7219.33.0045, 7219.33.0070, 7219.33.0080, or slit, etc.) provided that it maintains the 7219.34.0005, 7219.34.0020, 7219.34.0025, and information by either of the specific dimensions of sheet and strip set 7219.34.0030, 7219.34.0035, 7219.34.0050, following methods: forth above following such processing. The 7219.35.0005, 7219.35.0015, 7219.35.0030, • Federal eRulemaking Portal: products described include products 7219.35.0035, 7219.35.0050, 7219.90.0010, www.Regulations.gov. The identification regardless of shape, and include products of 7219.90.0020, 7219.90.0025, 7219.90.0060, number is ITA–2017–0002. either rectangular or non-rectangular cross- 7219.90.0080, 7220.12.1000, 7220.12.5000, • Postal Mail/Commercial Delivery to section where such cross-section is achieved 7220.20.1010, 7220.20.1015, 7220.20.1060, Leah Wils-Owens, Department of VerDate Sep<11>2014 18:32 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16163 Commerce, Enforcement and FR 32087 (June 5, 2015); Notice of Final Opportunity for Public Comment and Compliance, Room 3720, 1401 Determination of Sales at Less Than Information Constitution Avenue NW., Washington, Fair Value, and Affirmative Critical As part of this inquiry to review the DC and reference ‘‘Inquiry Into the Circumstances, In Part: Certain Lined PRC’s NME status, the Department is Status of the People’s Republic of China Paper Products From the People’s interested in receiving public comment as a Nonmarket Economy Country Republic of China, 71 FR 53079 and information with respect to the PRC Under the Antidumping and (September 8, 2006); Final on the following factors enumerated by Countervailing Duty Laws, ITA–2017– Determination of Sales at Less than Fair section 771(18)(B) of the Act, which the 0002’’ in the subject line. Value: Certain Paper Clips from the Department must take into account in Instructions: You must submit People’s Republic of China, 59 FR 51168 making a market/nonmarket economy comments by one of the above methods (October 7, 1994). The Department last determination: to ensure that the comments are reviewed the PRC’s NME status in 2006 (i) The extent to which the currency received and considered. Comments and determined to continue to treat the of the foreign country is convertible into sent by any other method, to any other PRC as an NME country. See the currency of other countries; address or individual, or received after Memorandum for David M. Spooner, (ii) the extent to which wage rates in the end of the comment period, may not Assistant Secretary for Import the foreign country are determined by be considered. All comments and Administration, ‘‘Antidumping Duty free bargaining between labor and information received are a part of the Investigation of Certain Lined Paper management; public record and will generally be Products from the People’s Republic of (iii) the extent to which joint ventures posted to http://www.regulations.gov China (‘China’)—China’s Status as a or other investments by firms of other without change. All Personal Identifying Non-Market Economy (‘NME’)’’ (August foreign countries are permitted in the Information (for example, name, 30, 2006) (2006 PRC NME foreign country; address, etc.) voluntarily submitted by Determination), available at http:// (iv) the extent of government the commenter may be publicly enforcement.trade.gov/download/prc- ownership or control of the means of accessible. Do not submit Confidential nme-status/prc-lined-paper-memo- production; Business Information or otherwise 08302006.pdf. (v) the extent of government control sensitive or protected information. Any over allocation of resources and over comments and information must be in Initiation of Inquiry price and output decisions of English or be accompanied by English As part of the less-than-fair-value enterprises; and translations to be considered. The investigation of certain aluminum foil (vi) such other factors as the Department will accept anonymous from the People’s Republic of China,1 administering authority considers comments (enter ‘‘N/A’’ in the required and pursuant to its authority under appropriate. fields if you wish to remain section 771(18)(C)(ii) of the Act, which As specified above, to be assured of anonymous). Attachments to electronic states that the Department may make a consideration, any comments and comments will be accepted in Microsoft determination with respect to a information must be received no later Word, Excel, or Adobe PDF file formats country’s NME status ‘‘at any time,’’ the than May 3, 2017. only. Supporting documents and any Department is initiating an inquiry into This notice is issued and published comments we receive on this docket the PRC’s status as an NME country. pursuant to section 771(18)(C)(ii) of the may be viewed at http:// The Department intends to issue its Act. www.regulations.gov/ITA-2017-0002. final determination regarding this Dated: March 29, 2017. FOR FURTHER INFORMATION CONTACT: review of the PRC’s NME status prior to Ronald K. Lorentzen, Albert Hsu at (202) 482–4491 or Daniel the issuance of the Department’s Calhoun at (202) 482–1439. Acting Assistant Secretary for Enforcement preliminary determination in this and Compliance. SUPPLEMENTARY INFORMATION: investigation.2 [FR Doc. 2017–06535 Filed 3–31–17; 8:45 am] Background The Department is conducting this BILLING CODE 3510–DS–P inquiry to solicit and collect the most Section 771(18)(A) of the Act defines recent information following the the term ‘‘nonmarket economy country’’ December 11, 2016, change in the PRC’s DEPARTMENT OF COMMERCE as any foreign country determined by Protocol of Accession to the World the Department not to ‘‘operate on Trade Organization. This inquiry is International Trade Administration market principles of cost or pricing being conducted solely pursuant to structures, so that sales of merchandise section 771(18) of the Act. Until such Antidumping or Countervailing Duty in such country do not reflect the fair time that the Department’s Order, Finding, or Suspended value of the merchandise.’’ determination of the PRC as an NME Investigation; Opportunity To Request The Department has treated the PRC country may be revoked as set forth in Administrative Review as an NME country in all past section 771(18)(C)(i) of the Act, the PRC antidumping duty investigations and AGENCY: Enforcement and Compliance, remains a nonmarket economy under International Trade Administration, administrative reviews. See, e.g., the antidumping and countervailing Seamless Refined Copper Pipe and Tube Department of Commerce. duty laws. FOR FURTHER INFORMATION CONTACT: From the People’s Republic of China: Preliminary Results and Partial Brenda E. Waters, Office of AD/CVD mstockstill on DSK3G9T082PROD with NOTICES 1 See Certain Aluminum Foil from the People’s Rescission of Administrative Review; Operations, Customs Liaison Unit, Republic of China: Initiation of Less-Than-Fair- 2012–2013, 79 FR 71089 (December 1, Value Investigation, signed March 28, 2017. Enforcement and Compliance, 2014), unchanged in Seamless Refined 2 Once the Department issues its final International Trade Administration, Copper Pipe and Tube From the determination regarding this inquiry into the PRC’s U.S. Department of Commerce, 1401 status as an NME country, the Department will Constitution Avenue NW., Washington, People’s Republic of China: Final consider whether to seek additional information Results of Antidumping Duty from interested parties to the investigation for DC 20230, telephone: (202) 482–4735. Administrative Review; 2012–2013, 80 purposes of calculating normal value. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:32 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1


Document Created: 2017-04-01 09:36:39
Document Modified: 2017-04-01 09:36:39
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
ActionNotice of initiation and request for public comment and information.
DatesTo be assured of consideration, written comments and information must be received no later than May 3, 2017.
ContactAlbert Hsu at (202) 482-4491 or Daniel Calhoun at (202) 482-1439.
FR Citation82 FR 16162 
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