82 FR 32683 - Certain Hardwood Plywood Products From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 135 (July 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 135 (July 17, 2017)
| Page Range | 32683-32684 | |
| FR Document | 2017-14956 |
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)] [Notices] [Pages 32683-32684] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14956] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Adminstration [A-570-051] Certain Hardwood Plywood Products From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 23, 2017 the Department of Commerce (Department) published the Preliminary Determination of sales at less than fair value (LTFV) in the antidumping duty investigation of certain hardwood plywood products (hardwood plywood) from the People's Republic of China (PRC). We are amending our Preliminary Determination to correct ministerial errors with respect to the identification of companies receiving a separate rate. DATES: Applicable June 23, 2017. FOR FURTHER INFORMATION CONTACT: Amanda Brings or Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3927 or (202) 482-5260, respectively. SUPPLEMENTARY INFORMATION: As noted above, on June 23, 2017, the Department published in the Federal Register the Preliminary Determination \1\ that hardwood plywood from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (Act).\2\ On June 20, 2017, Suqian Yaorun Trade Co., Ltd. (Suqian Yaorun), Shandong Anxin Timber Co., Ltd. (Shandong Anxin), Pizhou Jin Sheng Yuan International Trade Co., Ltd. (Pizhou Jin Sheng), Xuzhou Shuiwangxing Trading Co. (Shuiwangxing), and Cosco Star International Co., Ltd. (Cosco) (collectively, certain separate rate respondents) timely filed ministerial error allegations.\3\ --------------------------------------------------------------------------- \1\ See Certain Hardwood Plywood Products from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 82 FR 28629 (June 23, 2017) (Preliminary Determination). \2\ See Preliminary Determination. \3\ See Letter to the Department re: Hardwood Plywood Products from the People's Republic of China: Ministerial-Error Comments on Separate Rate Applications, dated June 20, 2017 (Ministerial Error Comments). --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is April 1, 2016, through September 30, 2016. Scope of Investigation The product covered by this investigation is hardwood plywood from the PRC. A complete description of the scope of this investigation in included in the Preliminary Determination.\4\ --------------------------------------------------------------------------- \4\ See Preliminary Determination at Appendix I. --------------------------------------------------------------------------- Significant Ministerial Error Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of significant ministerial errors it made in the margin assigned to certain separate rate respondents. A ministerial error is defined as errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.\5\ A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted- average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.\6\ As a result of this amended preliminary determination, we have added certain separate rate respondents to the list of exporters that received a separate rate or corrected typographical errors, as appropriate.\7\ --------------------------------------------------------------------------- \5\ See section 735(e) of the Act. \6\ See 19 CFR 351.224(g). \7\ See the ``Amended Preliminary Determination'' section below. --------------------------------------------------------------------------- Ministerial Error Allegations On June 20, 2017, certain separate rate respondents submitted ministerial error allegations claiming that the Department should have included exporters Suqian Yaorun and Shandong Anxin as separate rate recipients and that typographical errors were made to the spelling of the names of exporters Pizhou Jin Sheng and Shuiwangxing, and to the spelling of the name of one of exporter Cosco's producers, Pingyi Jinniu Wood Co., Ltd.\8\ The Department reviewed the record and agrees that we made certain typographical errors and omissions on the producer/exporter list for separate rate recipients constituting significant ministerial errors pursuant to 19 CFR 351.224(e) and (f). In their SRA, certain separate rate respondents submitted information supporting a preliminary finding of an absence of de jure and de facto government control.\9\ Accordingly, we preliminarily determine that certain separate rate respondents are eligible for a separate rate. Further, these errors are significant because the rate applicable to the certain separate rate respondents is improperly at the PRC-Wide rate of 114.72 percent, rather than at the correct separate rate of 57.36 percent, thus exceeding the significant error threshold because correction of these errors results in a change of at least five absolute percentage points. --------------------------------------------------------------------------- \8\ See Ministerial Comments. \9\ --------------------------------------------------------------------------- The collection of cash deposits and suspension of liquidation will be revised accordingly in accordance with section 733(d) and (f) of the Act and 19 CFR 351.224. Because the amended rates for certain separate rate respondents results in reduced cash deposit rates, the corrected rates for certain separate rate respondents will be effective retroactively to June 23, 2017, the date of publication of the Preliminary Determination. Amended Preliminary Determination As a result of this amended preliminary determination, we have revised the preliminary estimated weighted-average dumping margins as follows: [[Page 32684]] ---------------------------------------------------------------------------------------------------------------- Estimated weighted- average Cash deposit Exporter Producer dumping rate margins (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Suqian Yaorun Trade Co., Ltd.................. Pizhou Jiangshan Wood Co., Ltd.. 57.36 57.07 Suqian Yaorun Trade Co., Ltd.................. Suqian Bairun Wood Co., Ltd..... 57.36 57.07 Shandong Anxin Timber Co., Ltd................ Shandong Anxin Timber Co., Ltd.. 57.36 57.07 Pizhou Jin Sheng Yuan International Trade Co., Xuzhou Chengxin Wood Co., Ltd... 57.36 57.07 Ltd. Pizhou Jin Sheng Yuan International Trade Co., Xuzhou Golden River Wood Co., 57.36 57.07 Ltd. Ltd. Xuzhou Shuiwangxing Trading Co., Ltd.......... Fengxian Jihe Wood Industry Co. 57.36 57.07 Ltd. Cosco Star International Co., Ltd............. Pingyi Jinniu Wood Co., Ltd..... 57.36 57.07 ---------------------------------------------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). 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. 2017-14956 Filed 7-14-17; 8:45 am] BILLING CODE 3510-DS-P
![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
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![32684 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices
Estimated
weighted- Cash deposit
average
Exporter Producer rate
dumping (percent)
margins
(percent)
Suqian Yaorun Trade Co., Ltd ..................................... Pizhou Jiangshan Wood Co., Ltd ................................. 57.36 57.07
Suqian Yaorun Trade Co., Ltd ..................................... Suqian Bairun Wood Co., Ltd ...................................... 57.36 57.07
Shandong Anxin Timber Co., Ltd ................................. Shandong Anxin Timber Co., Ltd ................................. 57.36 57.07
Pizhou Jin Sheng Yuan International Trade Co., Ltd .. Xuzhou Chengxin Wood Co., Ltd ................................. 57.36 57.07
Pizhou Jin Sheng Yuan International Trade Co., Ltd .. Xuzhou Golden River Wood Co., Ltd ........................... 57.36 57.07
Xuzhou Shuiwangxing Trading Co., Ltd ....................... Fengxian Jihe Wood Industry Co. Ltd .......................... 57.36 57.07
Cosco Star International Co., Ltd ................................. Pingyi Jinniu Wood Co., Ltd ......................................... 57.36 57.07
International Trade Commission there would be sufficient at-sea closed areas, and minimum sizes) that
Notification monitoring to verify the catch of bluefin may otherwise prohibit such collection.
In accordance with section 733(f) of tuna occurred with authorized gear (e.g., Specifically, NMFS may authorize
the Act, we notified the International rod and reel and harpoon gear). NMFS activities otherwise prohibited by the
Trade Commission of our amended requests public comment on the regulations at 50 CFR part 635 for the
preliminary determination. information provided in this notice and conduct of scientific research; the
This amended preliminary the application submitted. acquisition of information and data; the
determination is issued and published DATES: Comments must be received by enhancement of safety at sea; the
in accordance with sections 733(f) and August 1, 2017. purpose of collecting animals for public
777(i)(1) of the Act and 19 CFR ADDRESSES: You may submit comments
education or display; the investigation
351.224(e). on this notice, identified by 0648– of bycatch, economic or regulatory
XF513, by either of the following discard; or for chartering arrangements.
Dated: July 11, 2017. See 50 CFR 635.32(a)(1). The terms and
Gary Taverman, methods:
• Email: NMFS.EMEFP.2017@ conditions of individual permits are
Deputy Assistant Secretary for Antidumping unique; however, most permits include
and Countervailing Duty Operations, noaa.gov.
• Mail: Craig Cockrell, Highly reporting requirements, limit the
performing the non-exclusive functions and number and species of HMS to be
duties of the Assistant Secretary for Migratory Species Management Division
(F/SF1), NMFS, 1315 East-West collected, and only authorize collection
Enforcement and Compliance.
Highway, Silver Spring, MD 20910. in Federal waters of the Atlantic Ocean,
[FR Doc. 2017–14956 Filed 7–14–17; 8:45 am]
Please mark the outside of the envelope Gulf of Mexico, and Caribbean Sea.
BILLING CODE 3510–DS–P
‘‘Comments on 2017 CCCFA EM EFP EFPs and related permits are issued
application.’’ under the authority of the Magnuson-
Stevens Fishery Conservation and
DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: A Management Reauthorization Act
copy of the application can viewed at (Magnuson-Stevens Act) (16 U.S.C. 1801
National Oceanic and Atmospheric the following Web site: http://
Administration et seq.) and/or the Atlantic Tunas
www.nmfs.noaa.gov/sfa/hms/ Convention Act (ATCA) (16 U.S.C. 971
RIN 0648–XF513 compliance/efp/index.html; or by et seq.). Regulations at 50 CFR 600.745
contacting Craig Cockrell, Highly and 635.32 govern exempted fishing
Atlantic Highly Migratory Species; Migratory Species Management permits, as well as scientific research
Atlantic Bluefin Tuna Fisheries Division, NMFS, (301) 427–8503. activity, chartering arrangements, and
AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: NMFS exempted public display and
Service (NMFS), National Oceanic and published a notice of intent to issue educational activities.
Atmospheric Administration (NOAA), EFPs, Scientific Research Permits, Current Atlantic HMS regulations
Commerce. Letters of Acknowledgement, and specify that a person that fishes for,
ACTION: Notice of receipt of an Chartering Permits for Atlantic highly retains, or possesses an Atlantic bluefin
application for an exempted fishing migratory species (HMS) in 2017 (81 FR tuna may not have on board a vessel or
permit; request for comments. 80646, November 16, 2016). Although use on board a vessel any primary gear
that notice anticipated a variety of other than those authorized for the
SUMMARY: NMFS has made a applications, it stated that occasionally category for which the Atlantic tunas or
preliminary determination that an NMFS receives applications for HMS permit has been issued for such
application for an exempted fishing activities that were not anticipated at vessel. See 50 CFR 635.19(b). As a
permit (EFP) warrants further the time of the general notice and that result, vessels that are permitted in
consideration and an opportunity for NMFS would provide additional other fisheries that use gears that are not
public comment. The application was opportunity for public comment if that authorized for Atlantic tunas must
asabaliauskas on DSKBBXCHB2PROD with NOTICES
submitted by the Cape Cod Commercial were to occur. remove these gears before fishing for,
Fishermen’s Alliance (CCCFA), As discussed in the November 2016 retaining, or possessing a bluefin tuna.
requesting an exemption from the notice of intent to issue EFPs and other This regulation allows enforcement
regulation that prohibits having permits, issuance of EFPs and related agents to readily verify that only the
unauthorized gear on board while permits are necessary for the collection authorized gear type was used to catch
fishing for, retaining, or possessing a of HMS for public display and scientific the bluefin tuna (rod and reel or
bluefin tuna. The applicants suggest that research to exempt them from specified harpoon). This regulation also serves as
with the use of electronic monitoring regulations (e.g., fishing seasons, an effort control for bluefin tuna as it
(EM) and through issuance of an EFP, prohibited species, authorized gear, limits the number of vessels that can
VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/82_FR_32818/page/2.svg)
Document Created: 2017-07-15 03:46:14
Document Modified: 2017-07-15 03:46:14
| 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 | Applicable June 23, 2017. | |
| Contact | Amanda Brings or Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3927 or (202) 482-5260, respectively. | |
| FR Citation | 82 FR 32683 |
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