82 FR 37197 - Silicomanganese From Ukraine: Final Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 152 (August 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 152 (August 9, 2017)
| Page Range | 37197-37198 | |
| FR Document | 2017-16790 |
[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)] [Notices] [Pages 37197-37198] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16790] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-823-805] Silicomanganese From Ukraine: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 9, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on silicomanganese from Ukraine. The period of review (POR) is August 1, 2015, through July 31, 2016. For the final results of this review, we continue to find, based on the application of adverse facts available, that subject merchandise has been sold in the United States at prices below normal value during the POR. DATES: Applicable August 9, 2017. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Background On May 9, 2017, the Department published the Preliminary Results of the administrative review of the antidumping duty order on silicomanganese from Ukraine.\1\ The administrative review covers two exporters of the subject merchandise, PJSC Zaporozhye Ferroalloy Plant (ZFP), and PJSC Nikopol Ferroalloy Plant (NFP). The Department gave interested parties an opportunity to comment on the Preliminary Results. We received no comments. --------------------------------------------------------------------------- \1\ See Silicomanganese From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 21521 (May 9, 2017) (Preliminary Results). --------------------------------------------------------------------------- The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise covered by the antidumping duty order is silicomanganese. Silicomanganese, which is sometimes called ferrosilicon manganese, is a ferroalloy composed principally of manganese, silicon, and iron, and normally containing much smaller proportions of minor elements, such as carbon, phosphorous, and sulfur. Silicomanganese generally contains by weight not less than four percent iron, more than 30 percent manganese, more than eight percent silicon, and not more than three percent phosphorous. All compositions, forms and sizes of silicomanganese are included within the scope of this order, including silicomanganese slag, fines, and briquettes. Silicomanganese is used primarily in steel production as a source of both silicon and manganese. This order covers all silicomanganese, regardless of its tariff classification. Most silicomanganese is currently classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Some silicomanganese may also currently be classifiable under HTSUS subheading 7202.99.8040. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Adverse Facts Available We continue to find that the application of adverse facts available (AFA) to the mandatory respondents, ZPF and NFP, is warranted in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308, because these companies failed to provide requested information, as detailed in the Preliminary Decision Memorandum \2\ accompanying the Preliminary Results. --------------------------------------------------------------------------- \2\ See Memorandum, ``Decision Memorandum for the Preliminary Results in the Administrative Review of the Antidumping Duty Order on Silicomanganese from Ukraine; 2015-2016,'' dated May 3, 2017 (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Final Results of the Administrative Review We determine that the following weighted-average dumping margins exist for the respondents for the period of August 1, 2015, through July 31, 2016: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ PJSC Zaporozhye Ferroalloy Plant........................ 163.00 PJSC Nikopol Ferroalloy Plant........................... 163.00 ------------------------------------------------------------------------ Assessment In accordance with 19 CFR 351.212, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all entries of subject merchandise exported by ZFP and NFP during the POR at an ad valorem rate of 163.00 percent. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rates for subject merchandise exported by ZFP and NFP will be 163.00 percent, equal to the weighted-average dumping margins established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 163.00 percent, the all-others rate established in the investigation.\3\ --------------------------------------------------------------------------- \3\ See Suspension Agreement on Silicomanganese From Ukraine; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 66 FR 43838 (August 21, 2001) (clarifying that the ``Ukraine- Wide Rate'' of 163 percent applies to all producers and exporters of subject silicomanganese not specifically listed in Notice of Final Determination of Sales at Less Than Fair Value: Silicomanganese From Ukraine, 59 FR 62711 (December 6, 1994) (where an AFA rate of 163 percent was applied to ZFP and NFP, the mandatory respondents in the original investigation). --------------------------------------------------------------------------- [[Page 37198]] These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. We are issuing and publishing these results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: August 3, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-16790 Filed 8-8-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices 37197
g. Comparisons to Normal Value comment on the Preliminary Results. Weighted-
h. Results of Differential Pricing We received no comments. average
Analysis Exporter/producer dumping
The Department conducted this margin
i. U.S. Price review in accordance with section (percent)
j. Value-Added Tax 751(a)(2) of the Tariff Act of 1930, as
k. Normal Value amended (the Act). PJSC Zaporozhye Ferroalloy
l. Factor Valuation Methodology Plant .................................. 163.00
Scope of the Order PJSC Nikopol Ferroalloy
m. Currency Conversion
5. Conclusion Plant .................................. 163.00
The merchandise covered by the
[FR Doc. 2017–16687 Filed 8–8–17; 8:45 am] antidumping duty order is
silicomanganese. Silicomanganese, Assessment
BILLING CODE 3510–DS–P
which is sometimes called ferrosilicon In accordance with 19 CFR 351.212,
manganese, is a ferroalloy composed the Department will instruct U.S.
DEPARTMENT OF COMMERCE principally of manganese, silicon, and Customs and Border Protection (CBP) to
iron, and normally containing much liquidate all entries of subject
International Trade Administration smaller proportions of minor elements, merchandise exported by ZFP and NFP
such as carbon, phosphorous, and during the POR at an ad valorem rate of
[A–823–805] sulfur. Silicomanganese generally
163.00 percent. We intend to issue
contains by weight not less than four
Silicomanganese From Ukraine: Final instructions to CBP 15 days after
percent iron, more than 30 percent
Results of Antidumping Duty publication of the final results of this
manganese, more than eight percent
Administrative Review; 2015–2016 review.
silicon, and not more than three percent
phosphorous. All compositions, forms Cash Deposit Requirements
AGENCY: Enforcement and Compliance,
and sizes of silicomanganese are
International Trade Administration, The following cash deposit
included within the scope of this order,
Department of Commerce. requirements will be effective upon
including silicomanganese slag, fines,
SUMMARY: On May 9, 2017, the publication of the notice of final results
and briquettes. Silicomanganese is used
Department of Commerce (the of administrative review for all
primarily in steel production as a source
Department) published the preliminary shipments of the subject merchandise
of both silicon and manganese. This
results of the administrative review of entered, or withdrawn from warehouse,
order covers all silicomanganese,
the antidumping duty order on for consumption on or after the
regardless of its tariff classification.
silicomanganese from Ukraine. The publication date of the final results of
Most silicomanganese is currently
period of review (POR) is August 1,
classifiable under subheading this administrative review, as provided
2015, through July 31, 2016. For the
7202.30.0000 of the Harmonized Tariff by section 751(a)(2)(C) of the Act: (1)
final results of this review, we continue
Schedule of the United States (HTSUS). The cash deposit rates for subject
to find, based on the application of
Some silicomanganese may also merchandise exported by ZFP and NFP
adverse facts available, that subject
currently be classifiable under HTSUS will be 163.00 percent, equal to the
merchandise has been sold in the
subheading 7202.99.8040. Although the weighted-average dumping margins
United States at prices below normal
HTSUS subheadings are provided for established in the final results of this
value during the POR.
convenience and customs purposes, our administrative review; (2) for
DATES: Applicable August 9, 2017. written description of the scope of this merchandise exported by producers or
FOR FURTHER INFORMATION CONTACT: order is dispositive. exporters not covered in this
Dmitry Vladimirov, AD/CVD administrative review but covered in a
Adverse Facts Available
Operations, Office I, Enforcement and prior segment of the proceeding, the
Compliance, International Trade We continue to find that the cash deposit rate will continue to be the
Administration, U.S. Department of application of adverse facts available company-specific rate published for the
Commerce, 1401 Constitution Avenue (AFA) to the mandatory respondents, most recently completed segment of this
NW., Washington, DC 20230; telephone: ZPF and NFP, is warranted in proceeding; (3) if the exporter is not a
(202) 482–0665. accordance with sections 776(a) and (b) firm covered in this review, a prior
SUPPLEMENTARY INFORMATION: of the Act and 19 CFR 351.308, because review, or the original investigation, but
these companies failed to provide the producer is, the cash deposit rate
Background requested information, as detailed in the will be the rate established for the most
On May 9, 2017, the Department Preliminary Decision Memorandum 2 recently completed segment of this
published the Preliminary Results of the accompanying the Preliminary Results. proceeding for the producer of the
administrative review of the subject merchandise; and (4) the cash
Final Results of the Administrative
antidumping duty order on deposit rate for all other manufacturers
Review
silicomanganese from Ukraine.1 The or exporters will continue to be 163.00
administrative review covers two We determine that the following percent, the all-others rate established
exporters of the subject merchandise, weighted-average dumping margins in the investigation.3
PJSC Zaporozhye Ferroalloy Plant exist for the respondents for the period
sradovich on DSK3GMQ082PROD with NOTICES
(ZFP), and PJSC Nikopol Ferroalloy of August 1, 2015, through July 31, 3 See Suspension Agreement on Silicomanganese
Plant (NFP). The Department gave 2016: From Ukraine; Termination of Suspension
interested parties an opportunity to Agreement and Notice of Antidumping Duty Order,
66 FR 43838 (August 21, 2001) (clarifying that the
2 See Memorandum, ‘‘Decision Memorandum for ‘‘Ukraine-Wide Rate’’ of 163 percent applies to all
1 See Silicomanganese From Ukraine: Preliminary the Preliminary Results in the Administrative producers and exporters of subject silicomanganese
Results of Antidumping Duty Administrative Review of the Antidumping Duty Order on not specifically listed in Notice of Final
Review; 2015–2016, 82 FR 21521 (May 9, 2017) Silicomanganese from Ukraine; 2015–2016,’’ dated Determination of Sales at Less Than Fair Value:
(Preliminary Results). May 3, 2017 (Preliminary Decision Memorandum). Continued
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![37198 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices
These cash deposit requirements, ACTION: Notice of agency decision. the enforcement action are subtracted.
when imposed, shall remain in effect The Pacific Insular Area government
until further notice. SUMMARY: NMFS announces approval of may use funds deposited into the
a Marine Conservation Plan (MCP) for Treasury of the Pacific Insular Area for
Notification to Importers the Northern Mariana Islands. fisheries enforcement and for
This notice serves as a final reminder DATES: This agency decision is valid implementation of an MCP.
to importers of their responsibility from August 4, 2017, through August 3, Federal regulations at 50 CFR 665.819
under 19 CFR 351.402(f)(2) to file a 2020. authorize NMFS to specify catch limits
certificate regarding the reimbursement ADDRESSES: You may obtain a copy of for longline-caught bigeye tuna for U.S.
of antidumping duties prior to the MCP, identified by NOAA–NMFS– territories. NMFS may also authorize
liquidation of the relevant entries 2017–0076, from the Federal e- each territory to allocate a portion of
during this review period. Failure to Rulemaking Portal, http:// that limit to U.S. longline fishing vessels
comply with this requirement could www.regulations.gov/#!docketDetail;D= that are permitted to fish under the
result in the Secretary’s presumption NOAA-NMFS-2017-0076, or from the Fishery Ecosystem Plan for Pelagic
that reimbursement of antidumping Western Pacific Fishery Management Fisheries of the Western Pacific (FEP).
duties occurred and the subsequent Council (Council), 1164 Bishop St., Payments collected under specified
assessment of double antidumping Suite 1400, Honolulu, HI 96813, tel fishing agreements are deposited into
duties. 808–522–8220, www.wpcouncil.org. the Western Pacific Sustainable
Notification Regarding Administrative FOR FURTHER INFORMATION CONTACT: Fisheries Fund, and any funds
Protective Orders Melanie Brown, Sustainable Fisheries, attributable to a particular territory may
This notice also serves as a reminder NMFS Pacific Islands Regional Office, be used only for implementation of that
to parties subject to administrative 808–725–5171. territory’s MCP.
protective order (APO) of their SUPPLEMENTARY INFORMATION: Section An MCP must be consistent with the
responsibility concerning the 204(e) of the Magnuson-Stevens Fishery Council’s FEPs, must identify
destruction of proprietary information Conservation and Management Act conservation and management
disclosed under APO in accordance (Magnuson-Stevens Act) authorizes the objectives (including criteria for
with 19 CFR 351.305(a)(3). Timely Secretary of State, with the concurrence determining when such objectives have
written notification of the return or of the Secretary of Commerce been met), and must prioritize planned
destruction of APO materials or (Secretary), and in consultation with the marine conservation projects.
conversion to judicial protective order is Council, to negotiate and enter into a The Council reviewed and concurred
hereby requested. Failure to comply Pacific Insular Area fishery agreement with the Northern Marian Islands MCP
with the regulations and terms of an (PIAFA). A PIAFA would allow foreign in June 2017. On July 6, 2017, the
APO is a violation subject to sanction. fishing within the U.S. Exclusive Governor of the Commonwealth of the
We are issuing and publishing these Economic Zone (EEZ) adjacent to Northern Mariana Islands submitted the
results of administrative review in American Samoa, Guam, or the Northern Mariana Islands MCP to NMFS
accordance with sections 751(a)(1) and Northern Mariana Islands. The Governor for review and approval. The following
777(i) of the Act and 19 CFR of the Pacific Insular Area to which the describes the objectives of the MCP.
351.221(b)(5). PIAFA applies must request the PIAFA. Please refer to the MCP for planned
The Secretary of State may negotiate projects and activities designed to meet
Dated: August 3, 2017.
and enter the PIAFA after consultation each objective, the evaluative criteria,
Carole Showers, and priority rankings. The MCP
with, and concurrence of, the applicable
Executive Director, Office of Policy, contains seven conservation and
performing the duties of Deputy Assistant Governor.
Before entering into a PIAFA, the management objectives, listed below.
Secretary for Enforcement and Compliance.
applicable Governor, with concurrence 1. Improve fisheries data collection
[FR Doc. 2017–16790 Filed 8–8–17; 8:45 am]
of the Council, must develop and and reporting.
BILLING CODE 3510–DS–P
submit to the Secretary a 3-year MCP 2. Conduct resource assessment,
providing details on uses for any funds monitoring, and research to gain a better
DEPARTMENT OF COMMERCE collected by the Secretary under the understanding of marine resources and
PIAFA. NMFS is the designee of the fisheries.
National Oceanic and Atmospheric Secretary for MCP review and approval. 3. Conduct enforcement training and
Administration The Magnuson-Stevens Act requires monitoring activities to promote
payments received under a PIAFA to be compliance with federal and local
RIN 0648–XF517 mandates.
deposited into the United States
Pacific Island Fisheries; Marine Treasury and then conveyed to the 4. Promote responsible domestic
Conservation Plan for the Pacific Treasury of the Pacific Insular Area for fisheries development to provide long-
Insular Area for the Northern Mariana which funds were collected. term economic growth, stability, and
Islands; Western Pacific Sustainable In the case of violations by foreign local food production.
Fisheries Fund fishing vessels in the EEZ around any 5. Conduct education and outreach,
Pacific Insular Area, amounts received enhance public participation, and build
AGENCY: National Marine Fisheries by the Secretary attributable to fines and local capacity.
Service (NMFS), National Oceanic and penalties imposed under the Magnuson- 6. Promote an ecosystem approach to
sradovich on DSK3GMQ082PROD with NOTICES
Atmospheric Administration (NOAA), Stevens Act, including sums collected fisheries management, climate change
Commerce. from the forfeiture and disposition or adaptation and mitigation, and regional
sale of property seized subject to its cooperation.
Silicomanganese From Ukraine, 59 FR 62711 authority, shall be deposited into the 7. Recognize the importance of island
(December 6, 1994) (where an AFA rate of 163
percent was applied to ZFP and NFP, the
Treasury of the Pacific Insular Area cultures and traditional fishing practices
mandatory respondents in the original adjacent to the EEZ in which the in managing fishery resources, and
investigation). violation occurred, after direct costs of foster opportunities for participation.
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Document Created: 2017-08-09 02:17:52
Document Modified: 2017-08-09 02:17:52
| 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 August 9, 2017. | |
| Contact | Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. | |
| FR Citation | 82 FR 37197 |
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