82 FR 16790 - Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, and the Republic of Korea: Final Results of Expedited Third Sunset Reviews of Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 65 (April 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 65 (April 6, 2017)
| Page Range | 16790-16792 | |
| FR Document | 2017-06832 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Notices] [Pages 16790-16792] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06832] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-818, C-560-806, C-580-837] Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, and the Republic of Korea: Final Results of Expedited Third Sunset Reviews of Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) orders on certain cut-to-length carbon-quality steel [[Page 16791]] plate from India, Indonesia, and the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Reviews'' section of this notice. DATES: Effective April 6, 2017. FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, Office III, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1009. SUPPLEMENTARY INFORMATION: Background On December 1, 2016, the Department initiated sunset reviews of the CVD orders on certain cut-to-length carbon-quality steel plate from India, Indonesia and Korea pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ The Department received a notice of intent to participate in each of these reviews from the following domestic interested parties: Nucor Corporation, ArcelorMittal USA, and SSAB Enterprises LLC (collectively, domestic interested parties) within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act. --------------------------------------------------------------------------- \1\ See Initiation of Five-Year (Sunset) Reviews 81 FR 86697, (December 1, 2016). --------------------------------------------------------------------------- The Department received adequate substantive responses collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any government or respondent interested party to these proceedings. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited reviews of these CVD orders. Scope of the Orders The products covered by the countervailing duty orders are certain hot-rolled carbon-quality steel: (1) Universal mill plates (i.e., flat- rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut-to-length (not in coils) and without patterns in relief), of iron or non-alloy-quality steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). Steel products to be included in the scope are of rectangular, square, circular or other shape and of rectangular or non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process (i.e., products which have been ``worked after rolling'')--for example, products which have been beveled or rounded at the edges. Steel products that meet the noted physical characteristics that are painted, varnished or coated with plastic or other non-metallic substances are included within the scope. Also, specifically included in the scope are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products to be included in the scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) Iron predominates, by weight, over each of the other contained elements, (2) the carbon content is two percent or less, by weight, and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope unless otherwise specifically excluded. The following products are specifically excluded from the orders: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. The merchandise subject to the orders is currently classifiable in the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the orders is dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum \2\ and are listed in Appendix I attached to this notice. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these expedited sunset reviews and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and 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 can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \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, dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Final Results of Reviews The Department determines that revocation of the CVD orders would be likely to lead to continuation or recurrence of a countervailable subsidy at the rates listed below: [[Page 16792]] ------------------------------------------------------------------------ Net countervailable Producers/exporters subsidy rates (percent) ------------------------------------------------------------------------ India................................................................... ------------------------------------------------------------------------ Steel Authority of India (SAIL)........................ 12.82 All Others............................................. 12.82 ------------------------------------------------------------------------ Indonesia............................................................... ------------------------------------------------------------------------ P.T. Krakatau Steel.................................... 47.71 All Others \3\......................................... 15.90 ------------------------------------------------------------------------ Korea................................................................... ------------------------------------------------------------------------ Dongkuk Steel Mill, Ltd................................ 1.39 All Others \4\......................................... 1.39 ------------------------------------------------------------------------ Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. --------------------------------------------------------------------------- \3\ P.T. Gunawan Steel and P.T. Jaya Pari were excluded from the Indonesia order on the basis of a de minimis net subsidy. See Notice of Amended Final Determinations: Certain Cut-to-Length Carbon- Quality Steel Plate from India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) (CVD Orders). \4\ Pohang Iron & Steel Co., Ltd. was excluded from the Korea order on the basis of a de minimis net subsidy. See CVD Orders. --------------------------------------------------------------------------- We are issuing and publishing these results and this notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: March 31, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. History of the Orders III. Discussion of the Issues A. Continuation of Recurrence of a Countervailable Subsidy B. Net Countervailable Subsidy Likely to Prevail C. Nature of the Subsidy IV. Final Results of Review VI. Recommendation [FR Doc. 2017-06832 Filed 4-5-17; 8:45 am] BILLING CODE 3510-DS-P
![16790 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
Controls, a license or written had an interest at the time of his intended to be, exported from the
authorizations for such export. Kim was conviction. United States; or
sentenced 40 months in prison, with Accordingly, it is hereby ordered: E. Engage in any transaction to service
credit for time served, 36 months of any item subject to the Regulations that
First, from the date of this Order until
supervised release, and a $100 has been or will be exported from the
February 28, 2026, Song II Kim, a/k/a
assessment. United States and which is owned,
Section 766.25 of the Export Kim Song II, with a last known address
of Inmate Number—07778–122, possessed or controlled by the Denied
Administration Regulations (‘‘EAR’’ or Person, or service any item, of whatever
‘‘Regulations’’) 1 provides, in pertinent Moshannon Valley, Correctional
Institution, 555 Geo Drive, Philipsburg, origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of controlled by the Denied Person if such
Exporter Services, in consultation with PA 16866, and when acting for or on his
behalf, his successors, assigns, service involves the use of any item
the Director of the Office of Export subject to the Regulations that has been
Enforcement, may deny the export employees, agents or representatives
(the ‘‘Denied Person’’), may not, directly or will be exported from the United
privileges of any person who has been States. For purposes of this paragraph,
convicted of a violation of the Export or indirectly, participate in any way in
any transaction involving any servicing means installation,
Administration Act (‘‘EAA’’), the EAR, maintenance, repair, modification or
or any order, license or authorization commodity, software or technology
(hereinafter collectively referred to as testing.
issued thereunder; any regulation, Third, after notice and opportunity for
license, or order issued under the ‘‘item’’) exported or to be exported from
the United States that is subject to the comment as provided in Section 766.23
International Emergency Economic of the Regulations, any other person,
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited
to: firm, corporation, or business
U.S.C. 793, 794 or 798; section 4(b) of organization related to Kim by
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using ownership, control, position of
U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or responsibility, affiliation, or other
Export Control Act (22 U.S.C. 2778).’’ 15 export control document; connection in the conduct of trade or
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations business may also be made subject to
the EAA, 50 U.S.C. 4610(h). The denial concerning, or ordering, buying, the provisions of this Order in order to
of export privileges under this provision receiving, using, selling, delivering, prevent evasion of this Order.
may be for a period of up to 10 years storing, disposing of, forwarding, Fourth, in accordance with part 756 of
from the date of the conviction. 15 CFR transporting, financing, or otherwise the Regulations, Kim may file an appeal
766.25(d); see also 50 U.S.C. 4610(h). In servicing in any way, any transaction of this Order with the Under Secretary
addition, Section 750.8 of the involving any item exported or to be of Commerce for Industry and Security.
Regulations states that the Bureau of exported from the United States that is The appeal must be filed within 45 days
Industry and Security’s Office of subject to the Regulations, or in any from the date of this Order and must
Exporter Services may revoke any other activity subject to the Regulations; comply with the provisions of part 756
Bureau of Industry and Security (‘‘BIS’’) or of the Regulations.
licenses previously issued in which the C. Benefitting in any way from any Fifth, a copy of this Order shall be
person had an interest in at the time of transaction involving any item exported delivered to the Kim. This Order shall
his conviction. or to be exported from the United States be published in the Federal Register.
BIS has received notice of Kim’s that is subject to the Regulations, or in Sixth, this Order is effective
conviction for violating the AECA, and any other activity subject to the immediately and shall remain in effect
has provided notice and an opportunity Regulations. until February 28, 2026.
for Kim to make a written submission to
Second, no person may, directly or
BIS, as provided in Section 766.25 of
indirectly, do any of the following: Issued this 31st day of March, 2017.
the Regulations. BIS has not received a
submission from Kim. A. Export or reexport to or on behalf Hillary Hess,
Based upon my review and of the Denied Person any item subject to Acting Director, Office of Exporter Services.
consultations with BIS’s Office of the Regulations; [FR Doc. 2017–06812 Filed 4–5–17; 8:45 am]
Export Enforcement, including its B. Take any action that facilitates the BILLING CODE P
Director, and the facts available to BIS, acquisition or attempted acquisition by
I have decided to deny Kim’s export the Denied Person of the ownership,
privileges under the Regulations for a possession, or control of any item DEPARTMENT OF COMMERCE
period of 10 years from the date of subject to the Regulations that has been
Kim’s conviction. I have also decided to or will be exported from the United International Trade Administration
revoke all licenses issued pursuant to States, including financing or other
support activities related to a [C–533–818, C–560–806, C–580–837]
the Act or Regulations in which Kim
transaction whereby the Denied Person Certain Cut-to-Length Carbon-Quality
1 The Regulations are currently codified in the acquires or attempts to acquire such Steel Plate From India, Indonesia, and
Code of Federal Regulations at 15 CFR parts 730– ownership, possession or control;
774 (2016). The Regulations issued pursuant to the the Republic of Korea: Final Results of
Export Administration Act (50 U.S.C. 4601–4623 C. Take any action to acquire from or Expedited Third Sunset Reviews of
(Supp. III 2015) (available at http:// to facilitate the acquisition or attempted Countervailing Duty Orders
uscode.house.gov)). Since August 21, 2001, the Act acquisition from the Denied Person of
mstockstill on DSK3G9T082PROD with NOTICES
has been in lapse and the President, through any item subject to the Regulations that AGENCY: Enforcement and Compliance,
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended has been exported from the United International Trade Administration,
by successive Presidential Notices, the most recent States; Department of Commerce.
being that of August 4, 2016 (81 FR 52,587 (Aug. D. Obtain from the Denied Person in SUMMARY: The Department of Commerce
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
the United States any item subject to the (Department) finds that revocation of
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. Regulations with knowledge or reason the countervailing duty (CVD) orders on
IV 2010)). to know that the item will be, or is certain cut-to-length carbon-quality steel
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16855/page/1.svg)
![16792 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
Net VI. Recommendation Scope of the Order
countervailable [FR Doc. 2017–06832 Filed 4–5–17; 8:45 am] The merchandise subject to this
Producers/exporters subsidy rates
(percent) BILLING CODE 3510–DS–P antidumping duty order is polyethylene
retail carrier bags (PRCBs), which also
India may be referred to as t-shirt sacks,
DEPARTMENT OF COMMERCE merchandise bags, grocery bags, or
Steel Authority of India checkout bags. The subject merchandise
(SAIL) ................................ 12.82 International Trade Administration
is defined as non-sealable sacks and
All Others .............................. 12.82 [A–557–813] bags with handles (including
drawstrings), without zippers or integral
Indonesia Polyethylene Retail Carrier Bags From extruded closures, with or without
Malaysia: Preliminary Results of gussets, with or without printing, of
P.T. Krakatau Steel .............. 47.71 Antidumping Duty Administrative
All Others 3 ........................... 15.90 polyethylene film having a thickness no
Review; 2015–2016 greater than 0.035 inch (0.889 mm) and
Korea Enforcement and Compliance,
AGENCY: no less than 0.00035 inch (0.00889 mm),
International Trade Administration, and with no length or width shorter
Dongkuk Steel Mill, Ltd. ....... 1.39 Department of Commerce. than 6 inches (15.24 cm) or longer than
All Others 4 ........................... 1.39 40 inches (101.6 cm). The depth of the
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an bag may be shorter than 6 inches (15.24
Notification Regarding Administrative administrative review of the cm) but not longer than 40 inches (101.6
Protective Order antidumping duty order on cm).
PRCBs are typically provided without
This notice serves as the only Polyethylene Retail Carrier Bags
any consumer packaging and free of
reminder to parties subject to (‘‘PRCBs’’) from Malaysia, covering the
charge by retail establishments, e.g.,
administrative protective order (APO) of period of review (‘‘POR’’) August 1, grocery, drug, convenience, department,
their responsibility concerning the 2015, through July 31, 2016. The review
specialty retail, discount stores, and
return or destruction of proprietary covers one producer/exporter of subject
restaurants to their customers to
information disclosed under APO in merchandise, Euro SME Sdn Bhd (‘‘Euro
package and carry their purchased
accordance with 19 CFR 351.305. SME’’). The Department preliminarily
products. The scope of this antidumping
Timely notification of return/ determines that Euro SME did not have
duty order excludes (1) PRCBs that are
destruction of APO materials or reviewable entries during the POR. We
not printed with logos or store names
conversion to judicial protective order is invite interested parties to comment on and that are closeable with drawstrings
hereby requested. Failure to comply these preliminary results.
made of polyethylene film and (2)
with the regulations and the terms of an DATES: Effective April 6, 2017. PRCBs that are packed in consumer
APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT: Alex packaging with printing that refers to
Rosen, AD/CVD Operations, Office III, specific end-uses other than packaging
We are issuing and publishing these
Enforcement and Compliance, and carrying merchandise from retail
results and this notice in accordance
International Trade Administration, establishments, e.g., garbage bags, lawn
with sections 751(c), 752, and 777(i)(1)
U.S. Department of Commerce, 1401 bags, trash-can liners.
of the Act.
Constitution Avenue NW., Washington, Imports of merchandise included
Dated: March 31, 2017. DC 20230; telephone: (202) 482–7814. within the scope of this antidumping
Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: duty order are currently classifiable
Acting Assistant Secretary for Enforcement under statistical category 3923.21.0085
Background
and Compliance. of the Harmonized Tariff Schedule of
On August 5, 2016, the Department the United States (‘‘HTSUS’’). This
Appendix I published a notice of opportunity to subheading may also cover products
List of Topics Discussed in the Issues and request an administrative review of the that are outside the scope of this
Decision Memorandum antidumping duty order on PRCBs from antidumping duty order. Although the
I. Summary Malaysia for the POR.1 On August 31, HTSUS subheading is provided for
II. History of the Orders 2016, in response to a timely request convenience and customs purposes, the
III. Discussion of the Issues from Petitioners,2 and in accordance written description of the scope of this
A. Continuation of Recurrence of a with section 751(a) of the Tariff Act of antidumping duty order is dispositive.
Countervailable Subsidy 1930, as amended (the ‘‘Act’’), and 19
B. Net Countervailable Subsidy Likely to CFR 351.221(c)(1)(i), the Department Preliminary Determination of No
Prevail initiated an administrative review of the Shipments
C. Nature of the Subsidy antidumping duty order on PRCBs from Subsequent to the initiation of this
IV. Final Results of Review Malaysia with respect to Euro SME.3 administrative review, the Department
received a timely submission from Euro
3 P.T. Gunawan Steel and P.T. Jaya Pari were 1 See Antidumping or Countervailing Duty Order,
SME certifying that it did not have sales,
excluded from the Indonesia order on the basis of Finding, or Suspended Investigation; Opportunity
a de minimis net subsidy. See Notice of Amended To Request Administrative Review, 81 FR 51850 shipments, or exports of subject
Final Determinations: Certain Cut-to-Length (August 5, 2016). merchandise to the United States during
mstockstill on DSK3G9T082PROD with NOTICES
Carbon-Quality Steel Plate from India and the 2 See Letter from Polyethylene Retail Bags the POR.4 On October 16, 2016, the
Republic of Korea; and Notice of Countervailing Committee and its individual members Hilex Poly Department requested entry data from
Duty Orders: Certain Cut-To-Length Carbon-Quality Co., LLC and Superbag Corp. (‘‘Petitioners’’),
Steel Plate From France, India, Indonesia, Italy, and ‘‘Polyethylene Retail Carrier Bags from Malaysia:
U.S. Customs and Border Protection
the Republic of Korea, 65 FR 6587 (February 10, Request for Administrative Review,’’ dated August (‘‘CBP’’) for subject merchandise
2000) (CVD Orders). 31, 2016.
4 Pohang Iron & Steel Co., Ltd. was excluded from 3 See Initiation of Antidumping and 4 See Letter from Euro SME, ‘‘Polyethylene Retail
the Korea order on the basis of a de minimis net Countervailing Duty Administrative Reviews, 81 FR Carrier Bags from Malaysia; No Shipment
subsidy. See CVD Orders. 71061 (October 14, 2016). Certification,’’ dated October 18, 2016.
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16855/page/3.svg)
Document Created: 2017-04-06 01:46:31
Document Modified: 2017-04-06 01:46:31
| 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 April 6, 2017. | |
| Contact | John Conniff, AD/CVD Operations, Office III, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1009. | |
| FR Citation | 82 FR 16790 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR