82 FR 21521 - Silicomanganese From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 88 (May 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 88 (May 9, 2017)
| Page Range | 21521-21522 | |
| FR Document | 2017-09354 |
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)] [Notices] [Pages 21521-21522] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09354] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-823-805] Silicomanganese From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on silicomanganese from Ukraine. The period of review (POR) is August 1, 2015, through July 31, 2016. The review covers two exporters of the subject merchandise, PJSC Zaporozhye Ferroalloy Plant (ZFP), and PJSC Nikopol Ferroalloy Plant (NFP). The Department preliminarily finds, based on the application of adverse facts available, that subject merchandise has been sold in the United States at prices below normal value during the POR. DATES: Effective May 9, 2017. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by this order is silicomanganese from Ukraine. Most silicomanganese is currently classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Some silicomanganese may also currently be classifiable under HTSUS subheading 7202.99.8040. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ 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, entitled, ``Decision Memorandum for the Preliminary Results in the Administrative Review of the Antidumping Duty Order on Silicomanganese from Ukraine; 2015-2016,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users [[Page 21522]] at https://access.trade.gov, and it 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 is available at http://enforcement.trade.gov/frn/. Adverse Facts Available Because the mandatory respondents ZFP and NFP failed to provide requested information, we preliminarily determine to apply adverse facts available (AFA) to these companies, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Preliminary Decision Memorandum. Preliminary Results of Administrative Review We preliminary determine that the following weighted-average dumping margins exist for the respondents for the period of August 1, 2015, through July 31, 2016: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ PJSC Zaporozhye Ferroalloy Plant........................... 163.00 PJSC Nikopol Ferroalloy Plant.............................. 163.00 ------------------------------------------------------------------------ Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary results of review within five days of the date of publication of the notice of preliminary results of review in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily determined each respondent's weighted-average dumping margin based on AFA, as described in the Preliminary Decision Memorandum, there are no calculations to disclose. This meets our regulatory obligation. Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.\2\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\3\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\4\ --------------------------------------------------------------------------- \2\ See 19 CFR 351.309(c)(ii). \3\ See 19 CFR 351.309(d). \4\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. All documents submitted to the Department must normally be filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\5\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For the final results, if we continue to rely on adverse facts available to establish ZFP's and NFP's weighted-average dumping margins we will instruct CBP to apply an ad valorem assessment rate of 163.00 percent to all entries of subject merchandise during the POR which were exported by ZFP and NFP. We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for subject merchandise exported by ZFP and NFP will be equal to the weighted- average dumping margins established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 163.00 percent, the all- others rate established in the investigation.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ See Suspension Agreement on Silicomanganese from Ukraine; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 66 FR 43838 (August 21, 2001) (clarifying that the ``Ukraine- Wide Rate'' of 163 percent applies to all producers and exporters of subject silicomanganese not specifically listed in Notice of Final Determination of Sales at Less Than Fair Value: Silicomanganese from Ukraine, 59 FR 62711 (December 6, 1994) (where an AFA rate of 163 percent was applied to ZFP and NFP, the mandatory respondents in the original investigation). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties The Department is issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 3, 2017. Ronald K. Lorentzen Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum: 1. Summary 2. Background 3. Scope of the Order 4. Use of Facts Available and Adverse Inferences 5. Recommendation [FR Doc. 2017-09354 Filed 5-8-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices 21521
countervailable subsidy likely to prevail purposes, our written description of the silicomanganese from Ukraine. The
should the orders be revoked.2 scope of these orders is dispositive.4 period of review (POR) is August 1,
On April 21, 2017, the ITC published 2015, through July 31, 2016. The review
Continuation of the Orders
its determination, pursuant to section covers two exporters of the subject
751(c) of the Act, that revocation of the As a result of the determinations by merchandise, PJSC Zaporozhye
existing AD orders on sulfanilic acid the Department and the ITC that Ferroalloy Plant (ZFP), and PJSC
from India and the PRC and the CVD revocation of the AD orders on Nikopol Ferroalloy Plant (NFP). The
order on sulfanilic acid from India sulfanilic acid from the PRC and India Department preliminarily finds, based
would be likely to lead to a continuation and the CVD order from India would be on the application of adverse facts
or recurrence of material injury to an likely to lead to a continuation or available, that subject merchandise has
industry in the United States within a recurrence of dumping and a been sold in the United States at prices
reasonably foreseeable time.3 countervailable subsidy and material below normal value during the POR.
injury to an industry in the United DATES: Effective May 9, 2017.
Scope of the Orders States, pursuant to section 751(d)(2) of FOR FURTHER INFORMATION CONTACT:
The merchandise covered by the AD the Act, the Department hereby orders Dmitry Vladimirov, AD/CVD
and CVD orders is all grades of the continuation of the AD orders on Operations, Office I, Enforcement and
sulfanilic acid, which include technical sulfanilic acid from the PRC and India, Compliance, International Trade
(or crude) sulfanilic acid, refined (or and the CVD order on sulfanilic acid Administration, U.S. Department of
purified) sulfanilic acid and sodium salt from India. U.S. Customs and Border Commerce, 1401 Constitution Avenue
of sulfanilic acid. Protection will continue to collect cash NW., Washington, DC 20230; telephone:
Sulfanilic acid is a synthetic organic deposits at the rates in effect at the time (202) 482–0665.
chemical produced from the direct of entry for all imports of subject
SUPPLEMENTARY INFORMATION:
sulfonation of aniline with sulfuric acid. merchandise. The effective date of the
Sulfanilic acid is used as a raw material continuation of the orders will be the Scope of the Order
in the production of optical brighteners, date of publication in the Federal
The product covered by this order is
food colors, specialty dyes, and concrete Register of this notice of continuation.
silicomanganese from Ukraine. Most
additives. The principal differences Pursuant to section 751(c)(2) of the Act,
silicomanganese is currently classifiable
between the grades are the undesirable the Department intends to initiate the
under subheading 7202.30.0000 of the
quantities of residual aniline and alkali next five-year review of the orders not
Harmonized Tariff Schedule of the
insoluble materials present in the later than 30 days prior to the fifth
United States (HTSUS). Some
sulfanilic acid. All grades are available anniversary of the effective date of this
silicomanganese may also currently be
as dry, free flowing powders. continuation.
classifiable under HTSUS subheading
Technical sulfanilic acid, classifiable These five-year (sunset) reviews and
7202.99.8040. While the HTSUS
under the subheading 2921.42.22 of the this notice are in accordance with
subheadings are provided for
Harmonized Tariff Schedule (HTS), section 751(c) of the Act and published
convenience and customs purposes, the
contains 96 percent minimum sulfanilic pursuant to section 777(i)(1) of the Act
written description is dispositive. A full
acid, 1.0 percent maximum aniline, and and 19 CFR 351.218(f)(4).
description of the scope of the order is
1.0 percent maximum alkali insoluble Dated: May 2, 2017. contained in the Preliminary Decision
materials. Refined sulfanilic acid, also Ronald K. Lorentzen, Memorandum.1
classifiable under the subheading Acting Assistant Secretary for Enforcement
2921.42.22 of the HTS, contains 98 and Compliance.
Methodology
percent minimum sulfanilic acid, 0.5 [FR Doc. 2017–09302 Filed 5–8–17; 8:45 am] The Department is conducting this
percent maximum aniline and 0.25 BILLING CODE 3510–DS–P review in accordance with section
percent maximum alkali insoluble 751(a)(1)(B) of the Tariff Act of 1930, as
materials. amended (the Act). For a full
Sodium salt (sodium sulfanilate), DEPARTMENT OF COMMERCE description of the methodology
classifiable under the HTS subheading underlying our conclusions, see the
2921.42.90, is a powder, granular or International Trade Administration Preliminary Decision Memorandum. A
crystalline material which contains 75 list of the topics included in the
[A–823–805]
percent minimum equivalent sulfanilic Preliminary Decision Memorandum is
acid, 0.5 percent maximum aniline Silicomanganese From Ukraine: included as an appendix to this notice.
based on the equivalent sulfanilic acid Preliminary Results of Antidumping The Preliminary Decision Memorandum
content, and 0.25 percent maximum Duty Administrative Review; 2015– is a public document and is made
alkali insoluble materials based on the 2016 available to the public via Enforcement
equivalent sulfanilic acid content. and Compliance’s Antidumping and
Although the HTS subheadings are AGENCY: Enforcement and Compliance, Countervailing Duty Centralized
provided for convenience and customs International Trade Administration, Electronic Service System (ACCESS).
Department of Commerce. ACCESS is available to registered users
2 See Sulfanilic Acid from India and the People’s SUMMARY: The Department of Commerce
Republic of China: Final Results of Expedited (the Department) is conducting an 1 See Memorandum from Gary Taverman,
Fourth Sunset Reviews of Antidumping Duty Associate Deputy Assistant Secretary for
administrative review of the
mstockstill on DSK30JT082PROD with NOTICES
Orders, 82 FR 1321 (January 5, 2017); Sulfanilic Antidumping and Countervailing Duty Operations,
Acid From India: Final Results of Expedited Sunset antidumping duty order on to Ronald K. Lorentzen, Acting Assistant Secretary
Review of the Countervailing Duty Order, 82 FR for Enforcement and Compliance, entitled,
1693 (January 6, 2017). 4 In response to a request from 3V Corporation, on ‘‘Decision Memorandum for the Preliminary Results
3 See USITC Publication USITC Publication 4680, May 5, 1999, the Department clarified that sodium in the Administrative Review of the Antidumping
April 2017, Sulfanilic Acid from China and India: sulfanilate processed in Italy from sulfanilic acid Duty Order on Silicomanganese from Ukraine;
Inv. Nos. 701–TA–318 and 731–TA–538 and 561 produced in India is within the scope of the AD and 2015–2016,’’ dated concurrently with, and hereby
(Fourth Review). See also Sulfanilic Acid from CVD orders on sulfanilic acid from India. See adopted by, this notice (Preliminary Decision
China and India, 82 FR 18776 (April 21, 2017). Notice of Scope Rulings, 65 FR 41957 (July 7, 2000). Memorandum).
VerDate Sep<11>2014 18:19 May 08, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1](https://thefederalregister.org/doc/82_FR_21609/page/1.svg)
![21522 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
at https://access.trade.gov, and it is Pursuant to 19 CFR 351.310(c), cash deposit rate will continue to be the
available to all parties in the Central interested parties who wish to request a company-specific rate published for the
Records Unit, Room B8024 of the main hearing, must submit a written request most recently completed segment of this
Department of Commerce building. In to the Assistant Secretary for proceeding; (3) if the exporter is not a
addition, a complete version of the Enforcement and Compliance. Requests firm covered in this review, a prior
Preliminary Decision Memorandum is should contain: (1) The party’s name, review, or the original investigation, but
available at http:// address and telephone number; (2) the the producer is, the cash deposit rate
enforcement.trade.gov/frn/. number of participants; and (3) a list of will be the rate established for the most
issues to be discussed. Issues raised in recently completed segment of this
Adverse Facts Available
the hearing will be limited to those proceeding for the producer of the
Because the mandatory respondents raised in the respective case briefs. subject merchandise; and (4) the cash
ZFP and NFP failed to provide All documents submitted to the
deposit rate for all other manufacturers
requested information, we preliminarily Department must normally be filed
or exporters will continue to be 163.00
determine to apply adverse facts electronically via ACCESS. An
available (AFA) to these companies, in percent, the all-others rate established
electronically filed document must be
accordance with sections 776(a) and (b) received successfully in its entirety by in the investigation.6 These cash deposit
of the Act and 19 CFR 351.308. For the Department’s electronic records requirements, when imposed, shall
further discussion, see the Preliminary system, ACCESS, by 5:00 p.m. Eastern remain in effect until further notice.
Decision Memorandum. Time within 30 days after the date of Notification to Importers
publication of this notice.5
Preliminary Results of Administrative The Department will issue the final This notice serves as a preliminary
Review results of this administrative review, reminder to importers of their
We preliminary determine that the including the results of its analysis of responsibility under 19 CFR
following weighted-average dumping the issues raised in any written briefs, 351.402(f)(2) to file a certificate
margins exist for the respondents for the not later than 120 days after the date of regarding the reimbursement of
period of August 1, 2015, through July publication of this notice, pursuant to antidumping duties prior to liquidation
31, 2016: section 751(a)(3)(A) of the Act. of the relevant entries during this POR.
Assessment Rates Failure to comply with this requirement
Weighted-
average could result in the Secretary’s
Upon issuance of the final results, the presumption that reimbursement of
Exporter/producer dumping
margin Department shall determine, and U.S. antidumping duties occurred and the
(percent)Customs and Border Protection (CBP)
subsequent assessment of double
shall assess, antidumping duties on all
PJSC Zaporozhye Ferroalloy
antidumping duties.
appropriate entries covered by this
Plant ...................................... 163.00 review. For the final results, if we Notification to Interested Parties
PJSC Nikopol Ferroalloy Plant 163.00 continue to rely on adverse facts
available to establish ZFP’s and NFP’s The Department is issuing and
Disclosure and Public Comment weighted-average dumping margins we publishing these preliminary results of
Normally, the Department discloses to will instruct CBP to apply an ad review in accordance with sections
interested parties the calculations valorem assessment rate of 163.00 751(a)(1) and 777(i) of the Act.
performed in connection with a percent to all entries of subject Dated: May 3, 2017.
preliminary results of review within five merchandise during the POR which Ronald K. Lorentzen
days of the date of publication of the were exported by ZFP and NFP. We
Acting Assistant Secretary for Enforcement
notice of preliminary results of review intend to issue instructions to CBP 15
and Compliance.
in the Federal Register, in accordance days after the publication date of the
with 19 CFR 351.224(b). However, final results of this review. Appendix
because the Department preliminarily Cash Deposit Requirements List of Topics Discussed in the Preliminary
determined each respondent’s weighted-
The following cash deposit Decision Memorandum:
average dumping margin based on AFA,
as described in the Preliminary Decision requirements will be effective upon 1. Summary
Memorandum, there are no calculations publication of the notice of final results 2. Background
to disclose. This meets our regulatory of administrative review for all 3. Scope of the Order
obligation. shipments of the subject merchandise 4. Use of Facts Available and Adverse
Interested parties may submit case entered, or withdrawn from warehouse, Inferences
briefs no later than 30 days after the for consumption on or after the 5. Recommendation
date of publication of this notice.2 publication date of the final results of [FR Doc. 2017–09354 Filed 5–8–17; 8:45 am]
Rebuttal briefs, limited to issues raised this administrative review, as provided BILLING CODE 3510–DS–P
in the case briefs, may be filed not later by section 751(a)(2)(C) of the Act: (1)
than five days after the date for filing The cash deposit rates for subject 6 See Suspension Agreement on Silicomanganese
case briefs.3 Parties who submit case merchandise exported by ZFP and NFP from Ukraine; Termination of Suspension
briefs or rebuttal briefs in this will be equal to the weighted-average Agreement and Notice of Antidumping Duty Order,
dumping margins established in the 66 FR 43838 (August 21, 2001) (clarifying that the
proceeding are encouraged to submit
mstockstill on DSK30JT082PROD with NOTICES
‘‘Ukraine-Wide Rate’’ of 163 percent applies to all
with each argument: (1) A statement of final results of this administrative producers and exporters of subject silicomanganese
the issue; (2) a brief summary of the review; (2) for merchandise exported by not specifically listed in Notice of Final
argument; and (3) a table of authorities.4 producers or exporters not covered in Determination of Sales at Less Than Fair Value:
this administrative review but covered Silicomanganese from Ukraine, 59 FR 62711
(December 6, 1994) (where an AFA rate of 163
2 See 19 CFR 351.309(c)(ii). in a prior segment of the proceeding, the percent was applied to ZFP and NFP, the
3 See 19 CFR 351.309(d). mandatory respondents in the original
4 See 19 CFR 351.309(c)(2) and (d)(2). 5 See 19 CFR 351.310(c). investigation).
VerDate Sep<11>2014 18:19 May 08, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 9990 E:\FR\FM\09MYN1.SGM 09MYN1](https://thefederalregister.org/doc/82_FR_21609/page/2.svg)
Document Created: 2018-11-08 08:41:19
Document Modified: 2018-11-08 08:41:19
| 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 May 9, 2017. | |
| Contact | Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. | |
| FR Citation | 82 FR 21521 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR