82_FR_22583 82 FR 22490 - Silicon Metal From Australia, Brazil, and Kazakhstan: Postponement of Preliminary Determinations of Countervailing Duty Investigations

82 FR 22490 - Silicon Metal From Australia, Brazil, and Kazakhstan: Postponement of Preliminary Determinations of Countervailing Duty Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22490-22491
FR Document2017-09872

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22490-22491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09872]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-602-811, C-351-851, C-834-808]


Silicon Metal From Australia, Brazil, and Kazakhstan: 
Postponement of Preliminary Determinations of Countervailing Duty 
Investigations

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

DATES: Effective May 16, 2017.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482-4929 
(Australia and Brazil); and Terre Keaton at (202) 482-1280 
(Kazakhstan), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 2017, the Department of Commerce (Department) 
initiated countervailing duty investigations (CVD) on silicon metal 
from Australia, Brazil, and Kazakhstan.\1\ Currently, the preliminary 
determinations of these investigations are due no later than June 1, 
2017.
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    \1\ See Silicon Metal from Australia, Brazil, and Kazakhstan: 
Initiation of Countervailing Duty Investigations, 82 FR 16356 (April 
4, 2017).
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Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which the Department 
initiated the investigation. However, if the petitioner makes a timely 
request for a postponement, section 703(c)(1)(A) of the Act allows the 
Department to postpone making the preliminary determination until no 
later than 130 days after the date on which the Department initiated 
the investigation.
    On May 2, 2017, the petitioner \2\ submitted timely requests, 
pursuant to section 703(c)(1)(A) of the Act and 19 CFR 351.205(e), to 
postpone the preliminary determinations.\3\ For the reasons stated 
above and because there are no compelling reasons to deny the requests, 
the Department, in accordance with section 703(c)(1)(A) of the Act, is 
postponing the deadline for the preliminary determinations to no later 
than 130 days after the day on which the investigations were initiated. 
Accordingly, the Department will issue the preliminary determinations 
no later than August 5, 2017. However, because August 5, 2017, falls on 
a Saturday, the preliminary determinations will be due no later than 
August 7, 2017.\4\ In accordance with section 705(a)(1) of the

[[Page 22491]]

Act and 19 CFR 351.210(b)(1), the deadline for the final determinations 
of these investigations will continue to be 75 days after the date of 
the preliminary determinations, unless postponed at a later date.
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    \2\ Globe Specialty Metals, Inc.
    \3\ See letters from the petitioner entitled ``Silicon Metal 
from Australia, Brazil, and Kazakhstan; Countervailing Duty 
Investigations; Request for Postponement of Preliminary 
Determinations,'' dated May 2, 2017.
    \4\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-09872 Filed 5-15-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                22490                          Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices

                                                tempering, stress relieving or finish                   investigations unless specifically excluded or        FOR FURTHER INFORMATION CONTACT:
                                                annealing. Typical cold-drawing methods for             covered by the scope of an existing order.            Katherine Johnson at (202) 482–4929
                                                subject merchandise include, but are not                Merchandise that meets the physical                   (Australia and Brazil); and Terre Keaton
                                                limited to, drawing over mandrel, rod                   description of cold-drawn mechanical tubing           at (202) 482–1280 (Kazakhstan), AD/
                                                drawing, plug drawing, sink drawing and                 above is within the scope of the
                                                similar processes that involve reducing the             investigations even if it is also dual or
                                                                                                                                                              CVD Operations, Enforcement and
                                                outside diameter of the tubing with a die or            multiple certified to an otherwise excluded           Compliance, International Trade
                                                similar device, whether or not controlling the          specification listed below. The following             Administration, U.S. Department of
                                                inside diameter of the tubing with an internal          products are outside of, and/or specifically          Commerce, 1401 Constitution Avenue
                                                support device such as a mandrel, rod, plug             excluded from, the scope of these                     NW., Washington, DC 20230.
                                                or similar device.                                      investigations:                                       SUPPLEMENTARY INFORMATION:
                                                   Subject cold-drawn mechanical tubing is                 (1) Cold-drawn stainless steel tubing,
                                                typically certified to meet industry                    containing 10.5 percent or more of chromium           Background
                                                specifications for cold-drawn tubing                    by weight and not more than 1.2 percent of               On March 28, 2017, the Department of
                                                including but not limited to:                           carbon by weight;
                                                   (1) American Society for Testing and
                                                                                                                                                              Commerce (Department) initiated
                                                                                                           (2) products certified to one or more of the
                                                Materials (ASTM) or American Society of                                                                       countervailing duty investigations
                                                                                                        ASTM, ASME or American Petroleum
                                                Mechanical Engineers (ASME) specifications              Institute (API) specifications listed below:          (CVD) on silicon metal from Australia,
                                                ASTM A–512, ASTM A–513 Type 3 (ASME                                                                           Brazil, and Kazakhstan.1 Currently, the
                                                                                                           • ASTM A–53;
                                                SA513 Type 3), ASTM A–513 Type 4 (ASME                     • ASTM A–106;
                                                                                                                                                              preliminary determinations of these
                                                SA513 Type 4), ASTM A–513 Type 5 (ASME                                                                        investigations are due no later than June
                                                                                                           • ASTM A–179 (ASME SA 179);
                                                SA513 Type 5), ASTM A–513 Type 6 (ASME                                                                        1, 2017.
                                                                                                           • ASTM A–192 (ASME SA 192);
                                                SA513 Type 6), ASTM A–519 (cold-finished);
                                                                                                           • ASTM A–209 (ASME SA 209);                        Postponement of Preliminary
                                                   (2) SAE International (Society of
                                                                                                           • ASTM A–210 (ASME SA 210);
                                                Automotive Engineers) specifications SAE                                                                      Determination
                                                                                                           • ASTM A–213 (ASME SA 213);
                                                J524, SAE J525, SAE J2833, SAE J2614, SAE
                                                                                                           • ASTM A–334 (ASME SA 334);                          Section 703(b)(1) of the Tariff Act of
                                                J2467, SAE J2435, SAE J2613;
                                                                                                           • ASTM A–423 (ASME SA 423);                        1930, as amended (the Act), requires the
                                                   (3) Aerospace Material Specification (AMS)
                                                                                                           • ASTM A–498;                                      Department to issue the preliminary
                                                AMS T–6736 (AMS 6736), AMS 6371, AMS
                                                                                                           • ASTM A–496 (ASME SA 496);                        determination in a CVD investigation
                                                5050, AMS 5075, AMS 5062, AMS 6360,
                                                                                                           • ASTM A–199;                                      within 65 days after the date on which
                                                AMS 6361, AMS 6362, AMS 6371, AMS
                                                                                                           • ASTM A–500;
                                                6372, AMS 6374, AMS 6381, AMS 6415;                                                                           the Department initiated the
                                                                                                           • ASTM A–556;
                                                   (4) United States Military Standards (MIL)
                                                                                                           • ASTM A–565;                                      investigation. However, if the petitioner
                                                MIL–T–5066 and MIL–T–6736;                                                                                    makes a timely request for a
                                                                                                           • API 5L; and
                                                   (5) foreign standards equivalent to one of                                                                 postponement, section 703(c)(1)(A) of
                                                                                                           • API 5CT
                                                the previously listed ASTM, ASME, SAE,                                                                        the Act allows the Department to
                                                AMS or MIL specifications including but not             except that any cold-drawn tubing product
                                                                                                        certified to one of the above excluded                postpone making the preliminary
                                                limited to:
                                                   (a) German Institute for Standardization             specifications will not be excluded from the          determination until no later than 130
                                                (DIN) specifications DIN 2391–2, DIN 2393–              scope if it is also dual- or multiple-certified       days after the date on which the
                                                2, DIN 2394–2);                                         to any other specification that otherwise             Department initiated the investigation.
                                                   (b) European Standards (EN) EN 10305–1,              would fall within the scope of these                    On May 2, 2017, the petitioner 2
                                                EN 10305–2, EN 10305–4, EN 10305–6 and                  investigations.                                       submitted timely requests, pursuant to
                                                European national variations on those                      The products subject to the investigations         section 703(c)(1)(A) of the Act and 19
                                                standards (e.g., British Standard (BS EN),              are currently classified in the Harmonized            CFR 351.205(e), to postpone the
                                                Irish Standard (IS EN) and German Standard              Tariff Schedule of the United States (HTSUS)
                                                                                                        under item numbers: 7304.31.3000,
                                                                                                                                                              preliminary determinations.3 For the
                                                (DIN EN) variations, etc.);                                                                                   reasons stated above and because there
                                                   (c) Japanese Industrial Standard (JIS) JIS G         7304.31.6050, 7304.51.1000, 7304.51.5005,
                                                                                                        7304.51.5060, 7306.30.5015, 7306.30.5020,             are no compelling reasons to deny the
                                                3441 and JIS G 3445; and
                                                   (6) proprietary standards that are based on          7306.50.5030. Subject merchandise may also            requests, the Department, in accordance
                                                one of the above-listed standards.                      enter under numbers 7306.30.1000 and                  with section 703(c)(1)(A) of the Act, is
                                                   The subject cold-drawn mechanical tubing             7306.50.1000. The HTSUS subheadings                   postponing the deadline for the
                                                may also be dual or multiple certified to               above are provided for convenience and                preliminary determinations to no later
                                                more than one standard. Pipe that is multiple           customs purposes only. The written                    than 130 days after the day on which
                                                certified as cold-drawn mechanical tubing               description of the scope of the investigations        the investigations were initiated.
                                                and to other specifications not covered by              is dispositive.
                                                                                                                                                              Accordingly, the Department will issue
                                                this scope, is also covered by the scope of             [FR Doc. 2017–09869 Filed 5–15–17; 8:45 am]           the preliminary determinations no later
                                                these investigations when it meets the                  BILLING CODE 3510–DS–P                                than August 5, 2017. However, because
                                                physical description set forth above.
                                                   Steel products included in the scope of
                                                                                                                                                              August 5, 2017, falls on a Saturday, the
                                                these investigations are products in which:                                                                   preliminary determinations will be due
                                                                                                        DEPARTMENT OF COMMERCE                                no later than August 7, 2017.4 In
                                                (1) Iron predominates, by weight, over each
                                                of the other contained elements; and (2) the                                                                  accordance with section 705(a)(1) of the
                                                                                                        International Trade Administration
                                                carbon content is 2 percent or less by weight.
                                                   For purposes of this scope, the place of             [C–602–811, C–351–851, C–834–808]
                                                                                                                                                                1 See Silicon Metal from Australia, Brazil, and

                                                cold-drawing determines the country of                                                                        Kazakhstan: Initiation of Countervailing Duty
                                                origin of the subject merchandise. Subject                                                                    Investigations, 82 FR 16356 (April 4, 2017).
                                                                                                        Silicon Metal From Australia, Brazil,                   2 Globe Specialty Metals, Inc.
                                                merchandise that is subject to minor working
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        and Kazakhstan: Postponement of                         3 See letters from the petitioner entitled ‘‘Silicon
                                                in a third country that occurs after drawing
                                                in one of the subject countries including, but          Preliminary Determinations of                         Metal from Australia, Brazil, and Kazakhstan;
                                                not limited to, heat treatment, cutting to              Countervailing Duty Investigations                    Countervailing Duty Investigations; Request for
                                                                                                                                                              Postponement of Preliminary Determinations,’’
                                                length, straightening, nondestruction testing,
                                                                                                        AGENCY:  Enforcement and Compliance,                  dated May 2, 2017.
                                                deburring or chamfering, remains within the                                                                     4 See Notice of Clarification: Application of ‘‘Next
                                                scope of the investigations.                            International Trade Administration,
                                                                                                                                                              Business Day’’ Rule for Administrative
                                                   All products that meet the written physical          Department of Commerce.                               Determination Deadlines Pursuant to the Tariff Act
                                                description are within the scope of these               DATES: Effective May 16, 2017.                        of 1930, As Amended, 70 FR 24533 (May 10, 2005).



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                                                                               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices                                                       22491

                                                Act and 19 CFR 351.210(b)(1), the                       petitioners).1 The AD Petitions were                    Act), the petitioners allege that imports
                                                deadline for the final determinations of                accompanied by countervailing duty                      of cold-drawn mechanical tubing from
                                                these investigations will continue to be                (CVD) Petitions on imports from India                   Germany, India, Italy, Korea, the PRC,
                                                75 days after the date of the preliminary               and the PRC. The petitioners are                        and Switzerland are being, or are likely
                                                determinations, unless postponed at a                   domestic producers of cold-drawn                        to be, sold in the United States at less
                                                later date.                                             mechanical tubing.2                                     than fair value within the meaning of
                                                   This notice is issued and published                    On April 24, 2017, the Department                     section 731 of the Act, and that such
                                                pursuant to section 703(c)(2) of the Act                requested additional information and                    imports are materially injuring, or
                                                and 19 CFR 351.205(f)(1).                               clarification of certain areas of the                   threatening material injury to, an
                                                  Dated: May 10, 2017.
                                                                                                        Petitions.3 The petitioners filed                       industry in the United States. Also,
                                                                                                        responses to these requests on April 28,                consistent with section 732(b)(1) of the
                                                Ronald K. Lorentzen,
                                                                                                        2017.4                                                  Act, the Petitions are accompanied by
                                                Acting Assistant Secretary for Enforcement                In accordance with section 732(b) of                  information reasonably available to the
                                                and Compliance.                                         the Tariff Act of 1930, as amended (the                 petitioners supporting their allegations.
                                                [FR Doc. 2017–09872 Filed 5–15–17; 8:45 am]                                                                       The Department finds that the
                                                                                                           1 See ‘‘Certain Cold-Drawn Mechanical Tubing of
                                                BILLING CODE 3510–DS–P                                                                                          petitioners filed these Petitions on
                                                                                                        Carbon and Alloy Steel from the People’s Republic
                                                                                                        of China, the Federal Republic of Germany, India,
                                                                                                                                                                behalf of the domestic industry because
                                                                                                        Italy, the Republic of Korea, and Switzerland—          the petitioners are interested parties as
                                                DEPARTMENT OF COMMERCE                                  Petitions for the Imposition of Antidumping and         defined in section 771(9)(C) of the Act.
                                                                                                        Countervailing Duties’’ (April 19, 2017) (the           The Department also finds that the
                                                International Trade Administration                      Petitions).
                                                                                                           2 See Volume I of the Petitions, at 2.
                                                                                                                                                                petitioners demonstrated sufficient
                                                [A–428–845, A–533–873, A–475–838, A–580–                   3 See Letter from the Department, ‘‘Petitions for    industry support with respect to the
                                                892, A–570–058, A–441–801]                              the Imposition of Antidumping and Countervailing        initiation of the AD investigations that
                                                                                                        Duties on Imports of Certain Cold-Drawn                 the petitioners are requesting.5
                                                Certain Cold-Drawn Mechanical Tubing                    Mechanical Tubing of Carbon and Alloy Steel from
                                                of Carbon and Alloy Steel From the                      the People’s Republic of China, the Federal             Periods of Investigation
                                                                                                        Republic of Germany, India, Italy the Republic of
                                                Federal Republic of Germany, India,                     Korea and Switzerland: Supplemental Questions,’’           Because the Petitions were filed on
                                                Italy, the Republic of Korea, the                       dated April 24, 2017 (General Iussues Supplement);      April 19, 2017, the period of
                                                People’s Republic of China, and                         see also Petition for the Imposition of Antidumping     investigation (POI) for all investigations
                                                Switzerland: Initiation of Less-Than-                   Duties on Imports of Cold-Drawn Mechanical
                                                                                                        Tubing of Carbon and Alloy Steel from the People’s      except the PRC is April 1, 2016, through
                                                Fair-Value Investigations                               Republic of China: Supplemental Questions; and          March 31, 2017. Because the PRC is a
                                                AGENCY:   Enforcement and Compliance,                   Petition for the Imposition of Antidumping Duties       non-market economy (NME) country,
                                                                                                        on Imports of Cold-Drawn Mechanical Tubing of           the POI for that investigation is October
                                                International Trade Administration,                     Carbon and Alloy Steel from the Federal Republic
                                                Department of Commerce.                                 of Germany: Supplemental Questions; and Petition        1, 2016, through March 31, 2017.
                                                                                                        for the Imposition of Antidumping Duties on
                                                DATES: Effective May 9, 2017.                           Imports of Cold-Drawn Mechanical Tubing of              Scope of the Investigations
                                                FOR FURTHER INFORMATION CONTACT:                        Carbon and Alloy Steel from India: Supplemental           The product covered by these
                                                Frances Veith at (202) 482–4295, or                     Questions; and Petition for the Imposition of
                                                                                                        Antidumping Duties on Imports of Cold-Drawn             investigations is cold-drawn mechanical
                                                Shanah Lee at (202) 482–6386 (Federal                   Mechanical Tubing of Carbon and Alloy Steel from        tubing from Germany, India, Italy,
                                                Republic of Germany (Germany)), Omar                    Italy: Supplemental Questions; and Petition for the     Korea, the PRC, and Switzerland. For a
                                                Qureshi at (202) 482–5307 (India),                      Imposition of Antidumping Duties on Imports of          full description of the scope of these
                                                                                                        Cold-Drawn Mechanical Tubing of Carbon and
                                                Laurel LaCivita at (202) 482–4243                       Alloy Steel from Switzerland: Supplemental              investigations, see the ‘‘Scope of the
                                                (Italy), Annathea Cook at (202) 482–                    Questions. All of these documents are dated April       Investigations,’’ in Appendix I of this
                                                0250 (Republic of Korea (Korea)), Paul                  24, 2017. See also country-specific memoranda to        notice.
                                                Stolz at (202) 482–4474 (People’s                       the file ‘‘Telephone Call to Foreign Market
                                                Republic of China), and Amanda Brings
                                                                                                        Researcher Regarding Antidumping Petition.’’            Comments on Scope of the
                                                                                                           4 See Letter from the petitioners, ‘‘Certain Cold-
                                                at (202) 482–3927 (Switzerland), AD/                                                                            Investigations
                                                                                                        Drawn Mechancial Tubing of Carbon and Alloy
                                                CVD Operations, Enforcement and                         Steel from the People’s Republic of China, the             During our review of the Petitions, the
                                                Compliance, U.S. Department of                          Federal Republic of Germany, India, Italy, the          Department issued questions to, and
                                                                                                        Republic of Korea and Switzerland: Petitioners’
                                                Commerce, 1401 Constitution Avenue                      Amendment to Volume I Relating to General               received responses from, the petitioners
                                                NW., Washington, DC 20230.                              Issues;’’ see also ‘‘Certain Cold-Drawn Mechanical      pertaining to the proposed scope to
                                                SUPPLEMENTARY INFORMATION:                              Tubing from the People’s Republic of China:             ensure that the scope language in the
                                                                                                        Petitioners’ Response to Questions Concerning the       Petitions would be an accurate
                                                The Petitions                                           Antidumping Duty Petition;’’ and ‘‘Certain Cold-
                                                                                                        Drawn Mechanical Tubing from the Federal                reflection of the products for which the
                                                  On April 19, 2017, the U.S.                           Republic of Germany: Petitioners’ Response to           domestic industry is seeking relief.6
                                                Department of Commerce (the                             Questions Concerning the Antidumping Duty                  As discussed in the preamble to the
                                                                                                        Petition;’’ and ‘‘Certain Cold-Drawn Mechanical         Department’s regulations, we are setting
                                                Department) received antidumping duty                   Tubing from India: Petitioners’ Response to
                                                (AD) Petitions concerning imports of                    Questions Concerning the Antidumping Duty               aside a period for interested parties to
                                                certain cold-drawn mechanical tubing of                 Petition;’’ and ‘‘Certain Cold-Drawn Mechanical         raise issues regarding product coverage
                                                                                                        Tubing from India: Petitioners’ Response to             (scope).7 The Department will consider
                                                carbon and alloy steel (cold-drawn                      Questions Concerning the Antidumping Duty
                                                mechanical tubing) from Germany,                        Petition;’’ and ‘‘Certain Cold-Drawn Mechanical         all comments received from parties and,
                                                India, Italy, Korea, the People’s                                                                               if necessary, will consult with parties
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Tubing from the Italy: Petitioners’ Response to
                                                Republic of China (the PRC), and                        Questions Concerning the Antidumping Duty               prior to the issuance of the preliminary
                                                                                                        Petition;’’ and ‘‘Certain Cold-Drawn Mechanical
                                                Switzerland, filed in proper form on                    Tubing from the Republic of Korea: Petitioners’           5 See the ‘‘Determination of Industry Support for
                                                behalf of ArcelorMittal Tubular                         Response to Questions Concerning the
                                                                                                                                                                the Petitions’’ section, below.
                                                Products; Michigan Seamless Tube,                       Antidumping Duty Petition;’’ and ‘‘Cold-Drawn
                                                                                                                                                                  6 See General Issues Supplement, at 1–6 and
                                                                                                        Mechanical Tubing from Switzerland: Response to
                                                LLC; PTC Alliance Corp.; Webco                          the Department’s Supplemental Petition                  Exhibits GEN–SUPP–1 and GEN–SUPP–2.
                                                Industries, Inc.; and Zekelman                          Questions.’’ Each of these documents is dated April       7 See Antidumping Duties; Countervailing Duties,

                                                Industries, Inc. (collectively, the                     28, 2017.                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).



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Document Created: 2017-05-16 13:52:42
Document Modified: 2017-05-16 13:52:42
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 May 16, 2017.
ContactKatherine Johnson at (202) 482-4929 (Australia and Brazil); and Terre Keaton at (202) 482-1280 (Kazakhstan), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 22490 

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