82_FR_36887 82 FR 36737 - Certain Pasta From Turkey: Preliminary Results of Antidumping Duty Administrative Review

82 FR 36737 - Certain Pasta From Turkey: Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 150 (August 7, 2017)

Page Range36737-36738
FR Document2017-16577

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey. The review covers one exporter and producer of subject merchandise, Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu). The period of review (POR) is July 1, 2015 through June 30, 2016. The Department preliminarily determines that Mutlu did not make a bona fide sale during the POR; therefore, we are preliminarily rescinding this administrative review. Interested parties are invited to comment on the preliminary results of this review.

Federal Register, Volume 82 Issue 150 (Monday, August 7, 2017) 
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36737-36738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16577]



[[Page 36737]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Preliminary Results of Antidumping 
Duty Administrative Review

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain pasta 
(pasta) from Turkey. The review covers one exporter and producer of 
subject merchandise, Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu). 
The period of review (POR) is July 1, 2015 through June 30, 2016. The 
Department preliminarily determines that Mutlu did not make a bona fide 
sale during the POR; therefore, we are preliminarily rescinding this 
administrative review. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Applicable August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, the Department published the antidumping duty 
order on pasta from Turkey.\1\ On July 5, 2016, the Department 
published a notice of an opportunity for interested parties to request 
an administrative review of the antidumping duty order on pasta from 
Turkey.\2\ On July 29, 2016, the Department received a timely request 
for review of the order from Mutlu.\3\ Accordingly, on September 12, 
2016, the Department published a notice of initiation of administrative 
review of the antidumping duty order on pasta from Turkey, covering the 
period July 1, 2015, through June 30, 2016.\4\ The Department 
subsequently issued initial and supplemental questionnaires to Mutlu, 
including an importer questionnaire to which we requested that Mutlu 
respond, if necessary, in collaboration with its importer.\5\ We 
received timely responses to these questionnaires. On April 3, 2017, 
and again on May 31, 2017, the Department extended the preliminary 
results of this review.\6\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less than Fair Value: Certain Pasta from 
Turkey, 61 FR 38545 (July 24, 1996).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 43584 (July 5, 2016).
    \3\ See Letter from Mutlu, ``Request for Administrative Review; 
Antidumping Duty Order Involving Certain Pasta from Turkey,'' dated 
July 29, 2016.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation 
Notice).
    \5\ See Department Letter to Mutlu, dated June 19, 2017 
(importer questionnaire).
    \6\ See Memorandum, ``Certain Pasta from Turkey: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated April 3, 2017; see also Memorandum, ``Certain Pasta 
from Turkey: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated May 31, 2017 
(extending the deadline until July 31, 2017).
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Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces or less, whether or not 
enriched or fortified or containing milk or other optional ingredients 
such as chopped vegetables, vegetable purees, milk, gluten, diastases, 
vitamins, coloring and flavorings, and up to two percent egg white.
    For a full description of the scope of the order, see the 
Preliminary Decision Memorandum, (Preliminary Decision Memorandum).\7\
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    \7\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review of Certain Pasta from 
Turkey,'' dated July 31, 2017. A list of the topics discussed in the 
Preliminary Decision Memorandum appears in Appendix I of this 
notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum, which is hereby adopted by 
this notice. The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping Administrative Review of 
Mutlu

    As discussed in the Bona Fide Sales Analysis Memorandum,\8\ the 
Department preliminarily finds that the sale made by Mutlu serving as 
the basis for this review is not a bona fide sale. Limited information 
is on the record of this review, due to Mutlu's importer's failure to 
respond to the importer questionnaire. Nonetheless, the Department 
reached this conclusion based on the totality of the record information 
surrounding Mutlu's reported sales, including those sales prices and 
quantities and the limited number of sales (i.e., one sale) that Mutlu 
reported during the POR.
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    \8\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Pasta from Turkey: Preliminary Bona Fide Sales 
Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' (Bona Fide 
Sales Analysis Memorandum) dated concurrently with, and hereby 
adopted by, this notice.
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    Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, we find that Mutlu had no 
reviewable transactions during this POR. Accordingly, we are 
preliminarily rescinding this administrative review.\9\ Given that the 
factual information used in our bona fides analysis of Mutlu's sale 
involves business proprietary information, see the Bona Fide Sales 
Analysis Memorandum for a full discussion of the basis for our 
preliminary determination.
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    \9\ See 19 CFR 351.213(d)(3).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\10\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed.\11\ All rebuttal comments must be limited to comments 
raised in the case briefs.\12\
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\13\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral

[[Page 36738]]

argument presentations will be limited to issues raised in the briefs. 
If a request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a date and time to be determined.\14\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022, and stamped with the date and time of receipt by 5 p.m. ET on 
the due date.\15\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any briefs received, no later than 90 days after 
the date these preliminary results of review are issued, pursuant to 
section 751(a)(2)(B) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of this 
administrative review, the assessment rate to which Mutlu's shipments 
will be subject will not be affected by this review. If the Department 
does not proceed to a final rescission of this administrative review, 
pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific 
(or customer-specific) assessment rates based on the final results of 
this review.

Cash Deposit Requirements

    If the Department proceeds to a final rescission of this 
administrative review, Mutlu's cash deposit rate will continue to be 
the all-others rate. If the Department issues final results for this 
administrative review, the Department will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 31, 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.

Appendix I



List of Sections in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion

[FR Doc. 2017-16577 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices 36737 DEPARTMENT OF COMMERCE 2015, through June 30, 2016.4 The frn/. The signed Preliminary Decision Department subsequently issued initial Memorandum and the electronic International Trade Administration and supplemental questionnaires to version of the Preliminary Decision Mutlu, including an importer Memorandum are identical in content. [A–489–805] questionnaire to which we requested Preliminary Rescission of the that Mutlu respond, if necessary, in Antidumping Administrative Review of Certain Pasta From Turkey: collaboration with its importer.5 We Mutlu Preliminary Results of Antidumping received timely responses to these Duty Administrative Review questionnaires. On April 3, 2017, and As discussed in the Bona Fide Sales again on May 31, 2017, the Department Analysis Memorandum,8 the AGENCY: Enforcement and Compliance, extended the preliminary results of this Department preliminarily finds that the International Trade Administration, review.6 sale made by Mutlu serving as the basis Department of Commerce. for this review is not a bona fide sale. Scope of the Order Limited information is on the record of SUMMARY: The Department of Commerce (the Department) is conducting an Imports covered by this order are this review, due to Mutlu’s importer’s administrative review of the shipments of certain non-egg dry pasta failure to respond to the importer antidumping duty order on certain pasta in packages of five pounds four ounces questionnaire. Nonetheless, the (pasta) from Turkey. The review covers or less, whether or not enriched or Department reached this conclusion one exporter and producer of subject fortified or containing milk or other based on the totality of the record merchandise, Mutlu Makarnacilik optional ingredients such as chopped information surrounding Mutlu’s Sanayi ve Ticaret A.S. (Mutlu). The vegetables, vegetable purees, milk, reported sales, including those sales period of review (POR) is July 1, 2015 gluten, diastases, vitamins, coloring and prices and quantities and the limited through June 30, 2016. The Department flavorings, and up to two percent egg number of sales (i.e., one sale) that preliminarily determines that Mutlu did white. Mutlu reported during the POR. For a full description of the scope of Because the non-bona fide sale was not make a bona fide sale during the the order, see the Preliminary Decision the only reported sale of subject POR; therefore, we are preliminarily Memorandum, (Preliminary Decision merchandise during the POR, we find rescinding this administrative review. Memorandum).7 that Mutlu had no reviewable Interested parties are invited to transactions during this POR. comment on the preliminary results of Methodology Accordingly, we are preliminarily this review. rescinding this administrative review.9 The Department is conducting this DATES: Applicable August 7, 2017. review in accordance with section Given that the factual information used FOR FURTHER INFORMATION CONTACT: Fred 751(a)(1)(B) and (2) of the Tariff Act of in our bona fides analysis of Mutlu’s Baker, AD/CVD Operations, Office VI, 1930, as amended (the Act). For a full sale involves business proprietary Enforcement and Compliance, description of the methodology information, see the Bona Fide Sales International Trade Administration, underlying our conclusions, see the Analysis Memorandum for a full Department of Commerce, 1401 Preliminary Decision Memorandum, discussion of the basis for our Constitution Avenue NW., Washington, which is hereby adopted by this notice. preliminary determination. DC 20230; telephone: (202) 482–2924. The Preliminary Decision Memorandum Public Comment is a public document and is on file SUPPLEMENTARY INFORMATION: Interested parties may submit case electronically via Enforcement and Background Compliance’s Antidumping and briefs no later than 30 days after the Countervailing Duty Centralized date of publication of the preliminary On July 24, 1996, the Department Electronic Service System (ACCESS). results of review.10 Rebuttals to case published the antidumping duty order ACCESS is available to registered users briefs may be filed no later than five on pasta from Turkey.1 On July 5, 2016, at http://access.trade.gov and is days after the briefs are filed.11 All the Department published a notice of an available in the Central Records Unit, rebuttal comments must be limited to opportunity for interested parties to room B8024 of the main Department of comments raised in the case briefs.12 request an administrative review of the Interested parties who wish to request Commerce building. In addition, a antidumping duty order on pasta from a hearing must submit a written request complete version of the Preliminary Turkey.2 On July 29, 2016, the to the Assistant Secretary for Decision Memorandum can be accessed Department received a timely request Enforcement & Compliance, U.S. directly at http://enforcement.trade.gov/ for review of the order from Mutlu.3 Department of Commerce, within 30 Accordingly, on September 12, 2016, 4 See Initiation of Antidumping and days after the date of publication of this the Department published a notice of Countervailing Duty Administrative Reviews, 81 FR notice.13 Requests should contain the initiation of administrative review of the 62720 (September 12, 2016) (Initiation Notice). party’s name, address, and telephone antidumping duty order on pasta from 5 See Department Letter to Mutlu, dated June 19, number, the number of participants, and Turkey, covering the period July 1, 2017 (importer questionnaire). a list of the issues to be discussed. Oral 6 See Memorandum, ‘‘Certain Pasta from Turkey: Extension of Deadline for Preliminary Results of 8 See Memorandum, ‘‘2015–2016 Antidumping 1 See Notice of Antidumping Duty Order and Antidumping Duty Administrative Review,’’ dated Amended Final Determination of Sales at Less than Duty Administrative Review of Certain Pasta from April 3, 2017; see also Memorandum, ‘‘Certain Fair Value: Certain Pasta from Turkey, 61 FR 38545 Turkey: Preliminary Bona Fide Sales Analysis for Pasta from Turkey: Extension of Deadline for mstockstill on DSK30JT082PROD with NOTICES (July 24, 1996). Mutlu Makarnacilik Sanayi ve Ticaret A.S.,’’ (Bona Preliminary Results of Antidumping Duty 2 See Antidumping or Countervailing Duty Order, Fide Sales Analysis Memorandum) dated Administrative Review,’’ dated May 31, 2017 concurrently with, and hereby adopted by, this Finding, or Suspended Investigation; Opportunity (extending the deadline until July 31, 2017). notice. to Request Administrative Review, 81 FR 43584 7 See ‘‘Decision Memorandum for the Preliminary 9 See 19 CFR 351.213(d)(3). (July 5, 2016). Results of the Antidumping Duty Administrative 10 See 19 CFR 351.309(c). 3 See Letter from Mutlu, ‘‘Request for Review of Certain Pasta from Turkey,’’ dated July 11 See 19 CFR 351.309(d)(1). Administrative Review; Antidumping Duty Order 31, 2017. A list of the topics discussed in the 12 See 19 CFR 351.309(d)(2). Involving Certain Pasta from Turkey,’’ dated July Preliminary Decision Memorandum appears in 29, 2016. Appendix I of this notice. 13 See 19 CFR 351.310(c). VerDate Sep<11>2014 18:14 Aug 04, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

36738 Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices argument presentations will be limited regarding the reimbursement of respect to 12 companies, based on the to issues raised in the briefs. If a request antidumping duties prior to liquidation timely withdrawal of Mid Continent for a hearing is made, the Department of the relevant entries during this Steel & Wire, Inc.’s (the petitioner) intends to hold the hearing at the U.S. review period. Failure to comply with request for administrative review. Department of Commerce, 1401 this requirement could result in the Interested parties are invited to Constitution Avenue NW., Washington, Department’s presumption that comment on these preliminary results. DC 20230, at a date and time to be reimbursement of antidumping duties DATES: Applicable August 7, 2017. determined.14 Parties should confirm by occurred and the subsequent assessment FOR FURTHER INFORMATION CONTACT: Lilit telephone the date, time, and location of of double antidumping duties. Astvatsatrian or Thomas Martin, AD/ the hearing two days before the We are issuing and publishing these CVD Operations, Office IV, Enforcement scheduled date. results in accordance with sections and Compliance, International Trade All submissions, with limited 751(a)(2)(B) and 777(i)(1) of the Act. Administration, U.S. Department of exceptions, must be filed electronically Dated: July 31, 2017. Commerce, 1401 Constitution Avenue using ACCESS. An electronically filed Gary Taverman, NW., Washington, DC 20230; telephone: document must be received successfully Deputy Assistant Secretary for Antidumping (202) 482–6412 or (202) 482–3936, in its entirety by the Department’s and Countervailing Duty Operations, respectively. electronic records system, ACCESS, by performing the non-exclusive functions and SUPPLEMENTARY INFORMATION: On July 5 p.m. Eastern Time (ET) on the due duties of the Assistant Secretary for date. Documents excepted from the 13, 2015, the Department published in Enforcement and Compliance. electronic submission requirements the Federal Register an AD order on must be filed manually (i.e., in paper Appendix I nails from Oman.1 On July 5, 2016, the form) with the APO/Dockets Unit in Department notified interested parties of Room 18022, and stamped with the date the opportunity to request an and time of receipt by 5 p.m. ET on the List of Sections in the Preliminary Decision administrative review of orders, due date.15 Memorandum findings, or suspended investigations The Department intends to issue the 1. Summary with anniversaries in July 2016, final results of this administrative 2. Background including the AD order on nails from review, which will include the results of 3. Scope of the Order Oman. The Department received timely its analysis of issues raised in any briefs 4. Discussion of the Methodology requests from Oman Fasteners, OISI, 5. Conclusion received, no later than 90 days after the and the petitioner to conduct an date these preliminary results of review [FR Doc. 2017–16577 Filed 8–4–17; 8:45 am] administrative review of certain are issued, pursuant to section BILLING CODE 3510–DS–P exporters covering the POR. On 751(a)(2)(B) of the Act. September 12, 2016, the Department Assessment Rates published a notice initiating an AD DEPARTMENT OF COMMERCE administrative review of nails from If the Department proceeds to a final Oman covering 15 companies for the rescission of this administrative review, International Trade Administration POR.2 the assessment rate to which Mutlu’s [A–523–808] In the Initiation Notice, the shipments will be subject will not be Department indicated that, in the event affected by this review. If the Certain Steel Nails From the Sultanate that we would limit the respondents Department does not proceed to a final of Oman: Preliminary Results of selected for individual examination in rescission of this administrative review, Antidumping Duty Administrative accordance with section 777A(c)(2) of pursuant to 19 CFR 351.212(b)(1), we Review and Partial Rescission of the Tariff Act of 1930, as amended (the will calculate importer-specific (or Antidumping Duty Administrative Act), we would select mandatory customer-specific) assessment rates Review; 2014–2016 respondents for individual examination based on the final results of this review. based upon U.S. Customs and Border AGENCY: Enforcement and Compliance, Cash Deposit Requirements Protection (CBP) entry data.3 On International Trade Administration, Department of Commerce. November 9, 2016, after considering the If the Department proceeds to a final large number of potential producers/ rescission of this administrative review, SUMMARY: The Department of Commerce exporters involved in this Mutlu’s cash deposit rate will continue (the Department) is conducting an administrative review, and the resources to be the all-others rate. If the administrative review of the available to the Department, we Department issues final results for this antidumping duty (AD) order on certain determined that it was not practicable to administrative review, the Department steel nails (nails) from the Sultanate of examine all exporters/producers of will instruct CBP to collect cash Oman (Oman). The period of review subject merchandise for which a review deposits, effective upon the publication (POR) is December 29, 2014, through was requested.4 As a result, pursuant to of the final results, at the rates June 30, 2016. This administrative established therein. review covers two exporters of the 1 See Certain Steel Nails from the Republic of Notification to Importers subject merchandise, both of which Korea, Malaysia, the Sultanate of Oman, Taiwan, were selected as mandatory and the Socialist Republic of Vietnam: This notice also serves as a respondents, Oman Fasteners LLC Antidumping Duty Orders, 80 FR 39994 (July 13, preliminary reminder to importers of 2015) (Order). (Oman Fasteners) and Overseas mstockstill on DSK30JT082PROD with NOTICES 2 See Initiation of Antidumping and their responsibility under 19 CFR International Steel Industry LLC (OISI). Countervailing Duty Administrative Reviews, 81 FR 351.402(f)(2) to file a certificate The Department preliminarily 62720 (September 12, 2016) (Initiation Notice). determines Oman Fasteners and OISI 3 See Initiation Notice, 81 FR at 62720. 14 See19 CFR 351.310(d). 4 See Memorandum entitled, ‘‘Respondent 15 See made sales of subject merchandise at Antidumping and Countervailing Duty Selection in the first Antidumping Duty Proceedings: Electronic Filing Procedures; less than normal value during the POR. Administrative Review of Certain Steel Nails from Administrative Protective Order Procedures, 76 FR Additionally, we are rescinding this Oman,’’ dated November 9, 2016 (Respondent 39263 (July 6, 2011). administrative review, in part, with Selection Memorandum). VerDate Sep<11>2014 18:14 Aug 04, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1


Document Created: 2017-08-05 03:00:11
Document Modified: 2017-08-05 03:00:11
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 August 7, 2017.
ContactFred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2924.
FR Citation82 FR 36737 
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