82_FR_32817 82 FR 32682 - Gray Portland Cement and Cement Clinker From Japan: Continuation of Antidumping Duty Order

82 FR 32682 - Gray Portland Cement and Cement Clinker From Japan: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32682-32683
FR Document2017-14955

As a result of the determination by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on gray portland cement and cement clinker (cement and clinker) from Japan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of this antidumping duty order.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32682-32683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14955]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Cement Clinker From Japan: Continuation 
of Antidumping Duty Order

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

SUMMARY: As a result of the determination by the Department of Commerce 
(Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on gray portland cement 
and cement clinker (cement and clinker) from Japan would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of this antidumping duty order.

DATES: Applicable July 17, 2017.

FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2016, the Department published the notice of 
initiation of the fourth sunset review of the antidumping duty order on 
cement and clinker from Japan pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\1\ As a result of its review, the 
Department determined that revocation of the AD order would likely lead 
to a continuation or recurrence of dumping.\2\ The Department, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the AD order be revoked. On July 5, 2017, the ITC 
published notice of its determination, pursuant to section 751(c) of 
the Act, that revocation of the AD order on cement and clinker from 
Japan would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\3\

Scope of the Order
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
75808 (November 1, 2016).
    \2\ See Gray Portland Cement and Cement Clinker from Japan: 
Final Results of Expedited Fourth Sunset Review of the Antidumping 
Duty Order, 82 FR 12561 (March 6, 2017) (Final Results).
    \3\ See Gray Portland Cement and Cement Clinker from Japan; 
Determination, 82 FR 31068 (July 5, 2017); see also Gray Portland 
Cement and Cement Clinker from Japan: Investigation No. 731-TA-461 
(Fourth Review), ITC Publication 4704 (June 2017).
---------------------------------------------------------------------------

    The products covered by the order are cement and cement clinker 
from Japan. Cement is a hydraulic cement and the primary component of 
concrete. Cement clinker, an intermediate material produced when 
manufacturing cement, has no use other than grinding into finished 
cement. Microfine cement was specifically excluded from the antidumping 
duty order. Cement is currently classifiable under the Harmonized 
Tariff Schedule (HTS) item number 2523.29 and cement clinker is 
currently classifiable under HTS item number 2523.10. Cement has also 
been entered under HTS item number 2523.90 as ``other hydraulic 
cements.'' The HTS item numbers are provided for convenience and 
customs purposes. The written product description remains dispositive 
as to the scope of the product covered by the order.\4\
---------------------------------------------------------------------------

    \4\ The Department has made two scope rulings regarding subject 
merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G 
and H of oil well cement are within the scope of the order), and 
Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super Fine'' 
cement is not within the scope of the order).
---------------------------------------------------------------------------

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
the Department hereby orders the continuation of the AD order on cement 
and clinker from Japan. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of this order not later 
than 30 days prior to the fifth

[[Page 32683]]

anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: July 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-14955 Filed 7-14-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    32682                           Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices

                                                    extension of the Agreement.8 As a result                 Deputy Assistant Secretary, for Antidumping             likely to prevail should the AD order be
                                                    of its reconsideration, the Department                   and Countervailing Duty Operations,                     revoked. On July 5, 2017, the ITC
                                                    determined to grant Interpipe’s request,                 performing the non-exclusive functions and              published notice of its determination,
                                                                                                             duties of the Assistant Secretary for
                                                    in part, and extend the Agreement by                                                                             pursuant to section 751(c) of the Act,
                                                                                                             Enforcement and Compliance.
                                                    one year, based on the unique facts and                                                                          that revocation of the AD order on
                                                    circumstances in Ukraine which have                      Deen Kaplan,                                            cement and clinker from Japan would
                                                                                                             Counsel for Interpipe Europe S.A.; Interpipe
                                                    affected Interpipe’s operations since the                Ukraine, LLC; PJSC Interpipe
                                                                                                                                                                     likely lead to a continuation or
                                                    inception of the Agreement and are still                 NiznedneprovskyTube Rolling Plant (aka                  recurrence of material injury to an
                                                    ongoing.9 The Department and                             Interpipe NTRP); LLC Interpipe Niko Tube;               industry in the United States within a
                                                    Interpipe, therefore, signed an                          North American Interpipe, Inc.                          reasonably foreseeable time.3
                                                    amendment to the Agreement on July                       [FR Doc. 2017–14953 Filed 7–14–17; 8:45 am]             Scope of the Order
                                                    10, 2017, extending the Agreement by
                                                                                                             BILLING CODE 3510–DS–P                                     The products covered by the order are
                                                    an additional one-year period such that
                                                    the Agreement will terminate, and the                                                                            cement and cement clinker from Japan.
                                                    Department will issue an antidumping                                                                             Cement is a hydraulic cement and the
                                                                                                             DEPARTMENT OF COMMERCE                                  primary component of concrete. Cement
                                                    duty order, on July 10, 2018.
                                                       The terms and conditions of the July                  International Trade Administration                      clinker, an intermediate material
                                                    10, 2017 amendment to the Agreement                                                                              produced when manufacturing cement,
                                                    are set forth in the Amendment to the                    [A–588–815]                                             has no use other than grinding into
                                                    Agreement, which is attached in Annex                                                                            finished cement. Microfine cement was
                                                                                                             Gray Portland Cement and Cement                         specifically excluded from the
                                                    1 to this notice.
                                                       We are publishing this notice                         Clinker From Japan: Continuation of                     antidumping duty order. Cement is
                                                    consistent with section 734(f)(1)(A) of                  Antidumping Duty Order                                  currently classifiable under the
                                                    the Tariff Act of 1930, as amended, and                  AGENCY:  Enforcement and Compliance,                    Harmonized Tariff Schedule (HTS) item
                                                    19 CFR 351.208(g)(2).                                    International Trade Administration,                     number 2523.29 and cement clinker is
                                                      Dated: July 11, 2017.                                  Department of Commerce.                                 currently classifiable under HTS item
                                                                                                             SUMMARY: As a result of the                             number 2523.10. Cement has also been
                                                    Gary Taverman,
                                                                                                             determination by the Department of                      entered under HTS item number
                                                    Deputy Assistant Secretary for Antidumping
                                                                                                             Commerce (Department) and the                           2523.90 as ‘‘other hydraulic cements.’’
                                                    and Countervailing Duty Operations,
                                                    performing the non-exclusive functions and               International Trade Commission (ITC)                    The HTS item numbers are provided for
                                                    duties of the Assistant Secretary for                    that revocation of the antidumping duty                 convenience and customs purposes. The
                                                    Enforcement and Compliance.                              (AD) order on gray portland cement and                  written product description remains
                                                                                                             cement clinker (cement and clinker)                     dispositive as to the scope of the
                                                    Annex 1: Amendment to the Agreement                                                                              product covered by the order.4
                                                    Suspending the Antidumping Duty                          from Japan would likely lead to
                                                    Investigation on Certain Oil Country                     continuation or recurrence of dumping                   Continuation of the Order
                                                    Tubular Goods (OCTG) From Ukraine                        and material injury to an industry in the
                                                                                                                                                                        As a result of the determinations by
                                                                                                             United States, the Department is
                                                                                                                                                                     the Department and the ITC that
                                                    Amendment to the Agreement Suspending                    publishing a notice of continuation of
                                                                                                                                                                     revocation of the AD order would likely
                                                    the Antidumping Duty Investigation on                    this antidumping duty order.
                                                    Certain Oil Country Tubular Goods From
                                                                                                                                                                     lead to a continuation or recurrence of
                                                                                                             DATES: Applicable July 17, 2017.                        dumping and material injury to an
                                                    Ukraine
                                                                                                             FOR FURTHER INFORMATION CONTACT:                        industry in the United States, pursuant
                                                       The United States Department of                       Amanda Brings, AD/CVD Operations,
                                                    Commerce (the Department) and the
                                                                                                                                                                     to section 751(d)(2) of the Act and 19
                                                                                                             Enforcement and Compliance,                             CFR 351.218(a), the Department hereby
                                                    producers/exporters of Certain Oil Country
                                                    Tubular Goods from Ukraine that are                      International Trade Administration,                     orders the continuation of the AD order
                                                    signatories to the Agreement Suspending the              U.S. Department of Commerce, 1401                       on cement and clinker from Japan. U.S.
                                                    Antidumping Duty Investigation on Certain                Constitution Avenue NW., Washington,                    Customs and Border Protection will
                                                    Oil Country Tubular Goods from Ukraine                   DC 20230; telephone: (202) 482–3927.                    continue to collect AD cash deposits at
                                                    (Agreement), signed on July 10, 2014, hereby             SUPPLEMENTARY INFORMATION:                              the rates in effect at the time of entry for
                                                    amend Section H of the Agreement, as
                                                    follows:                                                 Background                                              all imports of subject merchandise.
                                                       The first sentence of Section H is amended
                                                                                                                                                                        The effective date of the continuation
                                                                                                               On November 1, 2016, the Department                   of the order will be the date of
                                                    as follows (changes in italics):
                                                                                                             published the notice of initiation of the               publication in the Federal Register of
                                                    (H) Termination or Withdrawal                            fourth sunset review of the antidumping                 this notice of continuation. Pursuant to
                                                       This Agreement shall terminate four years             duty order on cement and clinker from                   section 751(c)(2) of the Act, the
                                                    after the effective date of this Agreement, on           Japan pursuant to section 751(c) of the
                                                    July 10, 2018.
                                                                                                                                                                     Department intends to initiate the next
                                                                                                             Tariff Act of 1930, as amended (the                     five-year review of this order not later
                                                       All other provisions of the Agreement, as
                                                    amended, continue with full force.                       Act).1 As a result of its review, the                   than 30 days prior to the fifth
                                                       Signed on July 10, 2017, in Washington,
                                                                                                             Department determined that revocation
                                                    DC by                                                    of the AD order would likely lead to a                     3 See Gray Portland Cement and Cement Clinker

                                                                                                             continuation or recurrence of dumping.2
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                     from Japan; Determination, 82 FR 31068 (July 5,
                                                    Gary Taverman,                                                                                                   2017); see also Gray Portland Cement and Cement
                                                                                                             The Department, therefore, notified the
                                                                                                                                                                     Clinker from Japan: Investigation No. 731–TA–461
                                                      8 See Memorandum to the File entitled ‘‘Meeting        ITC of the magnitude of the margins                     (Fourth Review), ITC Publication 4704 (June 2017).
                                                    with Counsel to the Petitioners’’ (July 11, 2017).                                                                  4 The Department has made two scope rulings
                                                      9 See Interpipe’s submission, entitled ‘‘Agreement       1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
                                                                                                                                                                     regarding subject merchandise. See Scope Rulings,
                                                    Suspending the Antidumping Duty Investigation on         81 FR 75808 (November 1, 2016).                         57 FR 19602 (May 7, 1992) (classes G and H of oil
                                                    Certain Oil Country Tubular Goods from Ukraine:            2 See Gray Portland Cement and Cement Clinker         well cement are within the scope of the order), and
                                                    Rebuttal to Petitioners’ Comments in Opposition to       from Japan: Final Results of Expedited Fourth           Scope Rulings, 58 FR 27542 (May 10, 1993)
                                                    Interpipe’s Request to Extend the Suspension             Sunset Review of the Antidumping Duty Order, 82         (‘‘Nittetsu Super Fine’’ cement is not within the
                                                    Agreement’’ (January 23, 2017) at 2–6.                   FR 12561 (March 6, 2017) (Final Results).               scope of the order).



                                               VerDate Sep<11>2014   17:45 Jul 14, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\17JYN1.SGM    17JYN1


                                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                                   32683

                                                    anniversary of the effective date of                     United States at LTFV, as provided in                 corrected typographical errors, as
                                                    continuation.                                            section 733 of the Tariff Act of 1930, as             appropriate.7
                                                      This five-year sunset review and this                  amended (Act).2 On June 20, 2017,
                                                    notice are in accordance with section                    Suqian Yaorun Trade Co., Ltd. (Suqian                 Ministerial Error Allegations
                                                    751(c) of the Act and published                          Yaorun), Shandong Anxin Timber Co.,                      On June 20, 2017, certain separate rate
                                                    pursuant to section 777(i)(1) of the Act                 Ltd. (Shandong Anxin), Pizhou Jin                     respondents submitted ministerial error
                                                    and 19 CFR 351.218(f)(4).                                Sheng Yuan International Trade Co.,                   allegations claiming that the Department
                                                      Dated: July 11, 2017.                                  Ltd. (Pizhou Jin Sheng), Xuzhou                       should have included exporters Suqian
                                                    Gary Taverman,                                           Shuiwangxing Trading Co.                              Yaorun and Shandong Anxin as
                                                    Deputy Assistant Secretary for Antidumping
                                                                                                             (Shuiwangxing), and Cosco Star                        separate rate recipients and that
                                                    and Countervailing Duty Operations,                      International Co., Ltd. (Cosco)                       typographical errors were made to the
                                                    performing the non-exclusive functions and               (collectively, certain separate rate
                                                                                                                                                                   spelling of the names of exporters
                                                    duties of the Assistant Secretary for                    respondents) timely filed ministerial
                                                                                                                                                                   Pizhou Jin Sheng and Shuiwangxing,
                                                    Enforcement and Compliance.                              error allegations.3
                                                                                                                                                                   and to the spelling of the name of one
                                                    [FR Doc. 2017–14955 Filed 7–14–17; 8:45 am]
                                                                                                             Period of Investigation                               of exporter Cosco’s producers, Pingyi
                                                    BILLING CODE 3510–DS–P                                                                                         Jinniu Wood Co., Ltd.8 The Department
                                                                                                               The period of investigation (POI) is
                                                                                                             April 1, 2016, through September 30,                  reviewed the record and agrees that we
                                                                                                             2016.                                                 made certain typographical errors and
                                                    DEPARTMENT OF COMMERCE
                                                                                                                                                                   omissions on the producer/exporter list
                                                                                                             Scope of Investigation                                for separate rate recipients constituting
                                                    International Trade Adminstration
                                                                                                                The product covered by this                        significant ministerial errors pursuant to
                                                    [A–570–051]                                              investigation is hardwood plywood                     19 CFR 351.224(e) and (f). In their SRA,
                                                                                                             from the PRC. A complete description of               certain separate rate respondents
                                                    Certain Hardwood Plywood Products
                                                                                                             the scope of this investigation in                    submitted information supporting a
                                                    From the People’s Republic of China:
                                                                                                             included in the Preliminary                           preliminary finding of an absence of de
                                                    Amended Preliminary Determination of
                                                                                                             Determination.4                                       jure and de facto government control.9
                                                    Sales at Less Than Fair Value
                                                                                                                                                                   Accordingly, we preliminarily
                                                                                                             Significant Ministerial Error
                                                    AGENCY:  Enforcement and Compliance,                                                                           determine that certain separate rate
                                                    International Trade Administration,                         Pursuant to 19 CFR 351.224(e) and                  respondents are eligible for a separate
                                                    Department of Commerce.                                  (g)(1), the Department is amending the                rate. Further, these errors are significant
                                                    SUMMARY: On June 23, 2017 the                            Preliminary Determination to reflect the              because the rate applicable to the
                                                    Department of Commerce (Department)                      correction of significant ministerial                 certain separate rate respondents is
                                                    published the Preliminary                                errors it made in the margin assigned to              improperly at the PRC-Wide rate of
                                                    Determination of sales at less than fair                 certain separate rate respondents. A                  114.72 percent, rather than at the correct
                                                    value (LTFV) in the antidumping duty                     ministerial error is defined as errors in             separate rate of 57.36 percent, thus
                                                    investigation of certain hardwood                        addition, subtraction, or other                       exceeding the significant error threshold
                                                    plywood products (hardwood plywood)                      arithmetic function, clerical error                   because correction of these errors results
                                                    from the People’s Republic of China                      resulting from inaccurate copying,                    in a change of at least five absolute
                                                    (PRC). We are amending our Preliminary                   duplication, or the like, and any other               percentage points.
                                                    Determination to correct ministerial                     similar type of unintentional error
                                                                                                             which the Secretary considers                            The collection of cash deposits and
                                                    errors with respect to the identification                                                                      suspension of liquidation will be
                                                    of companies receiving a separate rate.                  ministerial.5 A significant ministerial
                                                                                                             error is defined as a ministerial error,              revised accordingly in accordance with
                                                    DATES: Applicable June 23, 2017.                                                                               section 733(d) and (f) of the Act and 19
                                                                                                             the correction of which, singly or in
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                             combination with other errors, would                  CFR 351.224. Because the amended
                                                    Amanda Brings or Ryan Mullen, AD/                        result in: (1) A change of at least five              rates for certain separate rate
                                                    CVD Operations, Office V, Enforcement                    absolute percentage points in, but not                respondents results in reduced cash
                                                    and Compliance, International Trade                      less than 25 percent of, the weighted-                deposit rates, the corrected rates for
                                                    Administration, U.S. Department of                       average dumping margin calculated in                  certain separate rate respondents will be
                                                    Commerce, 1401 Constitution Avenue                       the original (erroneous) preliminary                  effective retroactively to June 23, 2017,
                                                    NW., Washington, DC 20230; telephone:                    determination; or (2) a difference                    the date of publication of the
                                                    (202) 482–3927 or (202) 482–5260,                        between a weighted-average dumping                    Preliminary Determination.
                                                    respectively.                                            margin of zero or de minimis and a                    Amended Preliminary Determination
                                                    SUPPLEMENTARY INFORMATION: As noted                      weighted-average dumping margin of
                                                    above, on June 23, 2017, the Department                  greater than de minimis or vice versa.6                 As a result of this amended
                                                    published in the Federal Register the                    As a result of this amended preliminary               preliminary determination, we have
                                                    Preliminary Determination 1 that                         determination, we have added certain                  revised the preliminary estimated
                                                    hardwood plywood from the PRC is                         separate rate respondents to the list of              weighted-average dumping margins as
                                                    being, or is likely to be, sold in the                   exporters that received a separate rate or            follows:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       1 See Certain Hardwood Plywood Products from            3 See Letter to the Department re: Hardwood           5 See section 735(e) of the Act.
                                                    the People’s Republic of China: Preliminary              Plywood Products from the People’s Republic of          6 See 19 CFR 351.224(g).
                                                    Affirmative Determination of Sales at Less Than          China: Ministerial-Error Comments on Separate           7 See the ‘‘Amended Preliminary Determination’’
                                                    Fair Value, Preliminary Affirmative Determination        Rate Applications, dated June 20, 2017 (Ministerial
                                                    of Critical Circumstances, in Part, 82 FR 28629                                                                section below.
                                                                                                             Error Comments).                                        8 See Ministerial Comments.
                                                    (June 23, 2017) (Preliminary Determination).
                                                                                                               4 See Preliminary Determination at Appendix I.
                                                       2 See Preliminary Determination.                                                                              9




                                               VerDate Sep<11>2014   17:45 Jul 14, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\17JYN1.SGM     17JYN1



Document Created: 2017-07-15 03:46:04
Document Modified: 2017-07-15 03:46:04
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
DatesApplicable July 17, 2017.
ContactAmanda Brings, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3927.
FR Citation82 FR 32682 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR