82_FR_17060 82 FR 16994 - Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2015

82 FR 16994 - Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16994-16995
FR Document2017-06999

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes (pipe and tube) from Turkey for the period of review (POR) of January 1, 2015, through December 31, 2015. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017) 
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 16994-16995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06999]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: 
Preliminary Results of Countervailing Duty Administrative Review; 
Calendar Year 2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubes (pipe and tube) from 
Turkey for the period of review (POR) of January 1, 2015, through 
December 31, 2015. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective April 7, 2017.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jolanta Lawska, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-1503 and 202-482-
8362, respectively.

Background

    On May 2, 2016, the Department published a notice of initiation of 
an administrative review of the countervailing duty order on pipe and 
tube from Turkey.\1\ On October 21, 2016, the Department extended the 
deadline for the preliminary results to March 31, 2017.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 26203 (May 2, 2016).
    \2\ See Memorandum to Christian Marsh, ``Circular Welded Carbon 
Steel Pipes and Tubes from Turkey: Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review,'' 
dated October 21, 2016.
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Scope of the Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) as item numbers 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\3\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.\4\ 
The Preliminary 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 https://access.trade.gov and 
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 Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum re identical in content.
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
    \4\ See the accompanying Decision Memorandum for Preliminary 
Results of Countervailing Duty (CVD) Administrative Review: Circular 
Welded Carbon Steel Pipes and Tubes Products from Turkey 
(Preliminary Decision 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 these results 
and hereby adopted by this notice.
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Preliminary Results of Review

    The Department determines that the following preliminary net 
subsidy rates exist for the period January 1, 2015, through December 
31, 2015:

[[Page 16995]]



------------------------------------------------------------------------
                 Company                    Net subsidy rates (percent)
------------------------------------------------------------------------
Borusan Group, Borusan Holding, A.S.      0.37ad valorem (de minimis).
 (Borusan Holding), Borusan Mannesmann
 Boru Sanayi ve Ticaret A.S. (Borusan),
 Borusan Istikbal Ticaret T.A.S.
 (Istikbal), (collectively, the Borusan
 Companies) \5\.
Erbosan Erciyas Boru Sanayi ve Ticaret    8.63 ad valorem.
 A.S. (Erbosan).
Guven Steel Pipe (also known as Guven     8.63 ad valorem.
 Celik Born San. Ve Tic. Ltd.) (Guven).
Toscelik Profil ve Sac Endustrisi A.S.    8.63 ad valorem.
 (Toscelik Profil), Tosyali Dis Ticaret
 AS. (TDT), and Tosyali Holding
 (Tosyali) (collectively, the Toscelik
 Companies) \6\.
Umran Celik Born Sanayii A.S. (also       8.63 ad valorem.
 known as Umran Steel Pipe Inc.) (Umran).
Yucel Boru ye Profil Endustrisi A.S,      8.63 ad valorem.
 Yucelboru Ihracat Ithalat ye Pazarlama
 A.S, and Cayirova Boru Sanayi ye
 Ticaret A.S.) (collectively, the Yucel
 Companies).
------------------------------------------------------------------------

    For the companies for which a review was requested that were not 
selected as mandatory company respondents, and which we are not finding 
to be cross-owned with the mandatory company respondents--i.e., 
Erbosan, Guven, Umran, and the Yucel Companies--we are preliminarily 
basing the subsidy rate on the subsidy rate calculated for the Toscelik 
Companies.
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    \5\ For the Borusan Companies, we initiated on the following: 
Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Gemlik Boru 
Tesisleri A.S., Borusan Ihicat ve Dagitim A.S, Borusan Ihracat 
Ithalat ve Dagitim A.S., Borusan Istikbal Ticatet T.A.S., Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S., Tubeco Pipe and Steel 
Corporation.
    \6\ For the Toscelik Companies, we initiated on the following: 
Toscelik Metal Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., 
Tosyali Dis Ticaret A.S.
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, countervailing 
duties on all appropriate entries covered by this review. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Rates

    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts indicated for each of the 
companies listed above with regard to shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\7\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\8\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ All briefs must be filed electronically using ACCESS.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\10\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date for the hearing which will be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\11\ Issues addressed at 
the hearing will be limited to those raised in the briefs.\12\
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmark Interest Rates
V. Non-Selected Rate
VI. Analysis of Programs Preliminarily Determined To Be 
Countervailable
    A. Deduction From Taxable Income for Export Revenue
    B. Short-Term Pre-Shipment Rediscount Program
    C. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate 
Remuneration (LTAR)
    D. Inward Processing Certificate Exemption
    E. Law 6486: Social Security Premium Incentive
    F. Law 5084: Allocation of Free Land and Purchase of Land for 
LTAR
    G. Export Financing: Export-Oriented Working Capital Program
VII. Program Found To Confer Countervailable Benefit That Is Less 
Than 0.005 Percent Ad Valorem
VIII. Programs Preliminarily Determined To Not Be Used
IX. Recommendation

[FR Doc. 2017-06999 Filed 4-6-17; 8:45 am]
 BILLING CODE 3510-DS-P

16994 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices PRC exporters of subject merchandise VI. Currency Conversion any wall thickness (pipe and tube) from that have not been found to be entitled VII. Recommendation Turkey. These products are currently to a separate rate, including Huayang [FR Doc. 2017–06994 Filed 4–6–17; 8:45 am] provided for under the Harmonized Chemical, the cash deposit rate will be BILLING CODE 3510–DS–P Tariff Schedule of the United States that for the PRC-wide entity; and (4) for (HTSUS) as item numbers 7306.30.10, all non-PRC exporters of subject 7306.30.50, and 7306.90.10. Although merchandise which have not received DEPARTMENT OF COMMERCE the HTSUS subheadings are provided their own rate, the cash deposit rate will for convenience and customs purposes, be the rate applicable to the PRC International Trade Administration the written description of the exporter that supplied that non-PRC [C–489–502] merchandise is dispositive. exporter. These deposit requirements, when imposed, shall remain in effect Methodology Circular Welded Carbon Steel Pipes until further notice. and Tubes From Turkey: Preliminary The Department is conducting this Notification to Importers Results of Countervailing Duty review in accordance with section Administrative Review; Calendar Year 751(a)(1)(A) of the Tariff Act of 1930, as This notice also serves as a 2015 amended (the Act). For each of the preliminary reminder to importers of subsidy programs found their responsibility under 19 CFR AGENCY: Enforcement and Compliance, countervailable, we preliminarily 351.402(f)(2) to file a certificate International Trade Administration, determine that there is a subsidy, i.e., a regarding the reimbursement of Department of Commerce. government financial contribution that antidumping duties prior to liquidation SUMMARY: The Department of Commerce gives rise to a benefit to the recipient, of the relevant entries during this (the Department) is conducting an and that the subsidy is specific.3 For a review period. Failure to comply with administrative review of the full description of the methodology this requirement could result in the countervailing duty (CVD) order on underlying our conclusions, see the Department’s presumption that circular welded carbon steel pipes and Preliminary Decision Memorandum.4 reimbursement of antidumping duties tubes (pipe and tube) from Turkey for The Preliminary Decision Memorandum occurred and the subsequent assessment the period of review (POR) of January 1, is a public document and is on file of double antidumping duties. 2015, through December 31, 2015. electronically via Enforcement and Notification to Interested Parties Interested parties are invited to Compliance’s Antidumping and comment on these preliminary results. Countervailing Duty Centralized We are issuing and publishing these DATES: Effective April 7, 2017. Electronic Service System (ACCESS). results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 FOR FURTHER INFORMATION CONTACT: ACCESS is available to registered users CFR 351.213. Patricia Tran or Jolanta Lawska, AD/ at https://access.trade.gov and is CVD Operations, Office III, Enforcement available to all parties in the Central Dated: March 31, 2017. Records Unit, Room B8024 of the main and Compliance, International Trade Ronald K. Lorentzen, Department of Commerce building. In Administration, U.S. Department of Acting Assistant Secretary for Enforcement Commerce, 1401 Constitution Avenue addition, a complete version of the and Compliance. Preliminary Decision Memorandum can NW., Washington, DC 20230; telephone: Appendix—List of Topics Discussed in 202–482–1503 and 202–482–8362, be accessed directly on the Internet at the Preliminary Decision Memorandum respectively. http://enforcement.trade.gov/frn/. The signed Preliminary Decision I. Summary Background II. Background Memorandum and the electronic III. Scope of the Order On May 2, 2016, the Department versions of the Preliminary Decision IV. Discussion of the Methodology published a notice of initiation of an Memorandum re identical in content. A. Bona Fides Inquiry administrative review of the Preliminary Results of Review B. Non-Market Economy (NME) Country countervailing duty order on pipe and Status tube from Turkey.1 On October 21, The Department determines that the C. Separate Rates Determination 2016, the Department extended the 1. Absence of De Jure Control following preliminary net subsidy rates 2. Absence of De Facto Control deadline for the preliminary results to exist for the period January 1, 2015, D. The PRC-Wide Entity March 31, 2017.2 through December 31, 2015: E. Surrogate Country Scope of the Order 1. Same Level of Economic Development 3 See sections 771(5)(B) and (D) of the Act 2. Producers of Identical or Comparable The products covered by this order regarding financial contribution; section 771(5)(E) Merchandise are certain welded carbon steel pipe and of the Act regarding benefit; and, section 771(5A) 3. Data Considerations tube with an outside diameter of 0.375 of the Act regarding specificity. 4 See the accompanying Decision Memorandum V. Fair Value Comparisons inch or more, but not over 16 inches, of A. Determination of Comparison Method for Preliminary Results of Countervailing Duty B. Date of Sale (CVD) Administrative Review: Circular Welded 1 See Initiation of Antidumping and C. U.S. Price Carbon Steel Pipes and Tubes Products from Turkey Countervailing Duty Administrative Reviews, 81 FR (Preliminary Decision Memorandum) from Gary 1. Export Price 26203 (May 2, 2016). Taverman, Associate Deputy Assistant Secretary for 2. Value-Added Tax 2 See Memorandum to Christian Marsh, ‘‘Circular Antidumping and Countervailing Duty Operations, D. Normal Value Welded Carbon Steel Pipes and Tubes from Turkey: to Ronald K. Lorentzen, Acting Assistant Secretary nlaroche on DSK30NT082PROD with NOTICES E. Factor Valuations Extension of Deadline for Preliminary Results of for Enforcement and Compliance, dated F. Market Economy (ME) Prices Countervailing Duty Administrative Review,’’ dated concurrently with these results and hereby adopted G. Surrogate Values October 21, 2016. by this notice. VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices 16995 Net subsidy rates Company (percent) Borusan Group, Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), 0.37ad valorem Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, the Borusan Companies) 5. (de minimis). Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) .............................................................................................................. 8.63 ad valorem. Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven) ........................................................................ 8.63 ad valorem. Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Tosyali Dis Ticaret AS. (TDT), and Tosyali Holding (Tosyali) (collec- 8.63 ad valorem. tively, the Toscelik Companies) 6. Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran) ........................................................................ 8.63 ad valorem. Yucel Boru ye Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and Cayirova Boru Sanayi ye Ticaret A.S.) 8.63 ad valorem. (collectively, the Yucel Companies). For the companies for which a review Disclosure and Public Comment days after issuance of these preliminary was requested that were not selected as The Department will disclose to results. mandatory company respondents, and parties to this proceeding the This administrative review and notice which we are not finding to be cross- calculations performed in reaching the are in accordance with sections owned with the mandatory company preliminary results within five days of 751(a)(1) and 777(i)(1) of the Act and 19 respondents—i.e., Erbosan, Guven, the date of publication of these CFR 351.213. Umran, and the Yucel Companies—we preliminary results.7 Interested parties Dated: March 31, 2017. are preliminarily basing the subsidy rate may submit written comments (case Ronald K. Lorentzen, on the subsidy rate calculated for the briefs) within 30 days of publication of Acting Assistant Secretary for Enforcement Toscelik Companies. the preliminary results and rebuttal and Compliance. Assessment Rates comments (rebuttal briefs) within five Appendix days after the time limit for filing case In accordance with 19 CFR I. Summary briefs.8 Pursuant to 19 CFR 351.221(b)(4)(i), we assigned a subsidy II. Background 351.309(d)(2), rebuttal briefs must be rate for each producer/exporter subject III. Scope of the Order limited to issues raised in the case to this administrative review. Upon IV. Subsidies Valuation Information briefs. Parties who submit arguments are issuance of the final results, the A. Allocation Period requested to submit with the argument: B. Attribution of Subsidies Department shall determine, and U.S. (1) A statement of the issue; (2) a brief C. Benchmark Interest Rates Customs and Border Protection (CBP) summary of the argument; and (3) a V. Non-Selected Rate shall assess, countervailing duties on all table of authorities.9 All briefs must be VI. Analysis of Programs Preliminarily appropriate entries covered by this filed electronically using ACCESS. Determined To Be Countervailable review. We intend to issue instructions A. Deduction From Taxable Income for Interested parties who wish to request to CBP 15 days after publication of the Export Revenue a hearing must do so within 30 days of final results of this review. B. Short-Term Pre-Shipment Rediscount publication of these preliminary results Program Cash Deposit Rates by submitting a written request to the C. Provision of Hot-Rolled Steel (HRS) for Pursuant to section 751(a)(2)(C) of the Assistant Secretary for Enforcement and Less Than Adequate Remuneration Act, the Department also intends to Compliance using Enforcement and (LTAR) instruct CBP to collect cash deposits of Compliance’s ACCESS system.10 D. Inward Processing Certificate Exemption estimated countervailing duties in the Requests should contain the party’s E. Law 6486: Social Security Premium amounts indicated for each of the name, address, and telephone number, Incentive the number of participants, and a list of F. Law 5084: Allocation of Free Land and companies listed above with regard to Purchase of Land for LTAR shipments of subject merchandise the issues to be discussed. If a request for a hearing is made, we will inform G. Export Financing: Export-Oriented entered, or withdrawn from warehouse, Working Capital Program for consumption on or after the date of parties of the scheduled date for the VII. Program Found To Confer publication of the final results of this hearing which will be held at the U.S. Countervailable Benefit That Is Less review. For all non-reviewed firms, we Department of Commerce, 1401 Than 0.005 Percent Ad Valorem will instruct CBP to continue to collect Constitution Avenue NW., Washington, VIII. Programs Preliminarily Determined To cash deposits of estimated DC 20230, at a time and location to be Not Be Used countervailing duties at the most recent determined.11 Issues addressed at the IX. Recommendation company-specific or all-others rate hearing will be limited to those raised [FR Doc. 2017–06999 Filed 4–6–17; 8:45 am] applicable to the company, as in the briefs.12 BILLING CODE 3510–DS–P appropriate. These cash deposit Unless the deadline is extended requirements, when imposed, shall pursuant to section 751(a)(3)(A) of the remain in effect until further notice. Act, the Department intends to issue the DEPARTMENT OF COMMERCE final results of this administrative review, including the results of our National Oceanic and Atmospheric 5 For the Borusan Companies, we initiated on the analysis of the issues raised by the Administration following: Borusan Birlesik Boru Fabrikalari San ve parties in their comments, within 120 nlaroche on DSK30NT082PROD with NOTICES Tic., Borusan Gemlik Boru Tesisleri A.S., Borusan RIN 0648–XF272 Ihicat ve Dagitim A.S, Borusan Ihracat Ithalat ve Dagitim A.S., Borusan Istikbal Ticatet T.A.S., 7 See Marine Mammals; File No. 20466 19 CFR 351.224(b). Borusan Mannesmann Boru Sanayi ve Ticaret A.S., 8 See Tubeco Pipe and Steel Corporation. 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 6 For the Toscelik Companies, we initiated on the 9 See 19 CFR 351.309(c)(2) and 351.309(d)(2). AGENCY: National Marine Fisheries following: Toscelik Metal Ticaret A.S, Toscelik 10 See 19 CFR 351.310(c). Service (NMFS), National Oceanic and Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret 11 See 19 CFR 351.310. Atmospheric Administration (NOAA), A.S. 12 See 19 CFR 351.310(c). Commerce. VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1


Document Created: 2017-04-06 23:49:15
Document Modified: 2017-04-06 23:49:15
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
DatesEffective April 7, 2017.
ContactPatricia Tran or Jolanta Lawska, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-1503 and 202-482- 8362, respectively.
FR Citation82 FR 16994 
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