82_FR_38001 82 FR 37846 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

82 FR 37846 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range37846-37847
FR Document2017-17114

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37846-37847]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17114]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

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

FOR FURTHER INFORMATION CONTACT: Marcia E. Short, Office of AD/CVD 
Operations, Customs Liaison Unit, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
1560.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2017, the Department of Commerce (the Department) 
published the June Initiation Notice \1\ in which the Department 
inadvertently initiated an antidumping duty administrative review of 
Polyester Staple Fiber from Taiwan (A-583-833) covering the period May 
1, 2016, through April 30, 2017. The Department did not intend to 
initiate a review with respect to this order. Instead, the Department 
intended to correct the May Initiation Notice \2\ in which the 
Department inadvertently included TFM North America, Inc. in the 
initiation notice with respect to the antidumping duty administrative 
review of Certain Stillbenic Optical Brightening Agents (A-583-848) 
covering the period May 1, 2016 through April 30, 2017. The Department 
only intended to initiate a review with respect to Teh Fong Min 
International Co. Ltd. In addition, in the June Initiation Notice the 
Department misspelt Teh Fong Min International Co. Ltd. as The Fong Min 
International Co. Ltd.\3\ This notice serves as a correction to the 
June Initiation Notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews; 82 FR 35749 (August 2, 2017) (June 
Initiation Notice).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews; 82 FR 31292 (June 6, 2016) (May Initiation 
Notice).
    \3\ See June Initiation Notice, 82 FR at 35749.


[[Page 37847]]


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    Dated: August 9, 2017.
James Maeder,
Senior Director, perfoming the Duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-17114 Filed 8-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                37846                        Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices

                                                Register. Further, pursuant to 19 CFR                   International Trade Commission (ITC) of               VIII. Benchamrks and Interest Rates
                                                351.205(d), the Department will instruct                its determination. If the final                       IX. Use of Facts Otherwise Available and
                                                CBP to require a cash deposit equal to                  determination is affirmative, the ITC                      Adverse Inferences
                                                the rates indicated above.                              will determine before the later of 120                X. Analysis of Programs
                                                                                                                                                              XI. ITC Notification
                                                                                                        days after the date of this preliminary               XII. Disclosure and Public Comment
                                                Disclosure
                                                                                                        determination or 45 days after the final              XIII. Verification
                                                   The Department intends to disclose                   determination.                                        XIV. Conclusion
                                                its calculations and analysis performed
                                                to interested parties in this preliminary               Notification to Interested Parties                    [FR Doc. 2017–17113 Filed 8–11–17; 8:45 am]
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                determination within five days of its                     This determination is issued and
                                                public announcement, or if there is no                  published pursuant to sections 703(f)
                                                public announcement, within five days                   and 777(i) of the Act and 19 CFR
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                of the date of this notice in accordance                351.205(c).
                                                with 19 CFR 351.224(b).                                   Dated: August 7, 2017.                              International Trade Administration
                                                Verification                                            Carole Showers,
                                                                                                        Executive Director, Office of Policy,                 Initiation of Antidumping and
                                                   As provided in section 782(i)(1) of the              performing the duties of Deputy Assistant             Countervailing Duty Administrative
                                                Act, the Department intends to verify                   Secretary for Enforcement and Compliance.             Reviews
                                                the information relied upon in making
                                                its final determination.                                Appendix I                                            AGENCY:  Enforcement and Compliance,
                                                                                                        Scope of the Investigation                            International Trade Administration,
                                                Public Comment                                                                                                Department of Commerce.
                                                                                                           The merchandise covered by this
                                                   Case briefs or other written comments                investigation is aluminum foil having a               FOR FURTHER INFORMATION CONTACT:
                                                may be submitted to the Assistant                       thickness of 0.2 mm or less, in reels                 Marcia E. Short, Office of AD/CVD
                                                Secretary for Enforcement and                           exceeding 25 pounds, regardless of width.             Operations, Customs Liaison Unit,
                                                Compliance no later than seven days                     Aluminum foil is made from an aluminum                Enforcement and Compliance,
                                                after the date on which the last                        alloy that contains more than 92 percent              International Trade Administration,
                                                verification report is issued in this                   aluminum. Aluminum foil may be made to                U.S. Department of Commerce, 1401
                                                investigation. Rebuttal briefs, limited to              ASTM specification ASTM B479, but can
                                                                                                        also be made to other specifications.                 Constitution Avenue NW., Washington,
                                                issues raised in case briefs, may be                                                                          DC 20230, telephone: (202) 482–1560.
                                                                                                        Regardless of specification, however, all
                                                submitted no later than five days after                 aluminum foil meeting the scope description           SUPPLEMENTARY INFORMATION:
                                                the deadline date for case briefs.11                    is included in the scope.
                                                Pursuant to 19 CFR 351.309(c)(2) and                       Excluded from the scope of this                    Background
                                                (d)(2), parties who submit case briefs or               investigation is aluminum foil that is backed           On August 1, 2017, the Department of
                                                rebuttal briefs in this investigation are               with paper, paperboard, plastics, or similar
                                                                                                        backing materials on only one side of the             Commerce (the Department) published
                                                encouraged to submit with each
                                                                                                        aluminum foil, as well as etched capacitor            the June Initiation Notice 1 in which the
                                                argument: (1) A statement of the issue;
                                                                                                        foil and aluminum foil that is cut to shape.          Department inadvertently initiated an
                                                (2) a brief summary of the argument;
                                                                                                           Where the nominal and actual                       antidumping duty administrative review
                                                and (3) a table of authorities.                         measurements vary, a product is within the            of Polyester Staple Fiber from Taiwan
                                                   Pursuant to 19 CFR 351.310(c),                       scope if application of either the nominal or         (A–583–833) covering the period May 1,
                                                interested parties who wish to request a                actual measurement would place it within              2016, through April 30, 2017. The
                                                hearing, limited to issues raised in the                the scope based on the definitions set forth          Department did not intend to initiate a
                                                case and rebuttal briefs, must submit a                 above. The products under investigation are
                                                                                                        currently classifiable under Harmonized
                                                                                                                                                              review with respect to this order.
                                                written request to the Assistant
                                                                                                        Tariff Schedule of the United States (HTSUS)          Instead, the Department intended to
                                                Secretary for Enforcement and
                                                                                                        subheadings 7607.11.3000, 7607.11.6000,               correct the May Initiation Notice 2 in
                                                Compliance, U.S. Department of
                                                                                                        7607.11.9030, 7607.11.9060, 7607.11.9090,             which the Department inadvertently
                                                Commerce, within 30 days after the date
                                                                                                        and 7607.19.6000. Further, merchandise that           included TFM North America, Inc. in
                                                of publication of this notice. Requests                 falls within the scope of this proceeding may         the initiation notice with respect to the
                                                should contain the party’s name,                        also be entered into the United States under          antidumping duty administrative review
                                                address, and telephone number, the                      HTSUS subheadings 7606.11.3060,                       of Certain Stillbenic Optical Brightening
                                                number of participants, and a list of the               7606.11.6000, 7606.12.3045, 7606.12.3055,
                                                                                                                                                              Agents (A–583–848) covering the period
                                                issues to be discussed. If a request for                7606.12.3090, 7606.12.6000, 7606.91.3090,
                                                                                                        7606.91.6080, 7606.92.3090, and                       May 1, 2016 through April 30, 2017.
                                                a hearing is made, the Department
                                                                                                        7606.92.6080. Although the HTSUS                      The Department only intended to
                                                intends to hold the hearing at the U.S.
                                                                                                        subheadings are provided for convenience              initiate a review with respect to Teh
                                                Department of Commerce, 1401
                                                                                                        and customs purposes, the written                     Fong Min International Co. Ltd. In
                                                Constitution Avenue NW., Washington,                    description of the scope of this proceeding is        addition, in the June Initiation Notice
                                                DC 20230, at a time and date to be                      dispositive.                                          the Department misspelt Teh Fong Min
                                                determined. Parties should confirm by
                                                                                                        Appendix II                                           International Co. Ltd. as The Fong Min
                                                telephone the date, time, and location of
                                                                                                                                                              International Co. Ltd.3 This notice
                                                the hearing two days before the                         List of Topics Discussed in the Preliminary           serves as a correction to the June
                                                scheduled date.                                         Decision Memorandum                                   Initiation Notice.
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                                                International Trade Commission                          I. Summary
                                                Notification                                            II. Background                                          1 See Initiation of Antidumping and
                                                                                                        III. Scope Comments                                   Countervailing Duty Administrative Reviews; 82 FR
                                                  In accordance with section 703(f) of                  IV. Scope of the Investigation                        35749 (August 2, 2017) (June Initiation Notice).
                                                the Act, the Department will notify the                 V. Injury Test                                          2 See Initiation of Antidumping and
                                                                                                        VI. Application of the CVD Law to Imports             Countervailing Duty Administrative Reviews; 82 FR
                                                   11 See 19 CFR 351.309; see also 19 CFR 351.303             From the PRC                                    31292 (June 6, 2016) (May Initiation Notice).
                                                (for general filing requirements).                      VII. Subsidies Valuation                                3 See June Initiation Notice, 82 FR at 35749.




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                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                                    37847

                                                  Dated: August 9, 2017.                                Temir LLP (Tau-Ken Temir), a producer                 701 of the Act. For each of the subsidy
                                                James Maeder,                                           and exporter of silicon metal from                    programs found countervailable, the
                                                Senior Director, perfoming the Duties of                Kazakhstan, is the sole mandatory                     Department preliminarily determines
                                                Deputy Assistant Secretary for Antidumping              respondent for which we have                          that there is a subsidy, i.e., a financial
                                                and Countervailing Duty Operations.                     determined there were exports during                  contribution by an ‘‘authority’’ that
                                                [FR Doc. 2017–17114 Filed 8–11–17; 8:45 am]             the period of investigation to the United             gives rise to a benefit to the recipient,
                                                BILLING CODE 3510–DS–P                                  States. A list of topics discussed in the             and that the subsidy is specific.7
                                                                                                        Preliminary Decision Memorandum is                       In its questionnaire responses, Tau-
                                                                                                        included as Appendix II to this notice.               Ken Temir refused to provide the
                                                DEPARTMENT OF COMMERCE                                  The Preliminary Decision Memorandum                   Department with requested information
                                                                                                        is a public document and is on file                   or analyze whether its cross-owned
                                                International Trade Administration                      electronically via Enforcement and                    companies received countervailable
                                                [C–834–808]                                             Compliance’s Antidumping and                          subsidies.8 Furthermore, the
                                                                                                        Countervailing Duty Centralized                       Government of Kazakhstan’s (GOK)’s
                                                Silicon Metal From the Republic of                      Electronic Service System (ACCESS).                   initial questionnaire response was
                                                Kazakhstan: Preliminary Affirmative                     ACCESS is available to registered users               wholly deficient with respect to an
                                                Countervailing Duty Determination and                   at http://access.trade.gov, and is                    allegation that electricity was sold to
                                                Alignment of Final Determination With                   available to all parties in the Central               Tau-Ken Temir for less than adequate
                                                Final Antidumping Duty Determination                    Records Unit, room B8024 of the main                  remuneration, and its supplemental
                                                                                                        Department of Commerce building. In                   response regarding this allegation was
                                                AGENCY:  Enforcement and Compliance,                    addition, a complete version of the                   untimely filed.9 Thus, the Department
                                                International Trade Administration,                     Preliminary Decision Memorandum can                   has relied on facts available as part of
                                                Department of Commerce.                                 be accessed directly at http://                       its analysis. Additionally, because we
                                                SUMMARY: The Department of Commerce                     enforcement.trade.gov/frn/. The signed                find that Tau-Ken Temir and the GOK
                                                (the Department) preliminarily                          and electronic versions of the                        did not act to the best of their abilities
                                                determines that countervailable                         Preliminary Decision Memorandum are                   to respond to the Department’s requests
                                                subsidies are being provided to                         identical in content.                                 for information and, therefore, impeded
                                                producers and exporters of silicon metal                                                                      this investigation, we drew an adverse
                                                                                                        Scope of the Investigation                            inference where appropriate in selecting
                                                from the Republic of Kazakhstan
                                                (Kazakhstan). The period of                               The product covered by this                         from among the facts otherwise
                                                investigation is January 1, 2016, through               investigation is silicon metal from                   available.10 For further information, see
                                                December 31, 2016.                                      Kazakhstan. For a complete description                ‘‘Use of Facts Otherwise Available and
                                                DATES: Effective August 14, 2017.                       of the scope of this investigation, see               Adverse Inferences’’ in the Preliminary
                                                                                                        Appendix I.                                           Decision Memorandum.
                                                FOR FURTHER INFORMATION CONTACT:
                                                Terre Keaton Stefanova or Rebecca Janz,                 Scope Comments                                        Alignment
                                                AD/CVD Operations, Office II,                             In accordance with the preamble to                     On March 28, 2017, the Department
                                                Enforcement and Compliance,                             the Department’s regulations,4 the                    initiated this countervailing duty (CVD)
                                                International Trade Administration,                     Initiation Notice set aside a period of               investigation of silicon metal from
                                                U.S. Department of Commerce, 1401                       time for parties to raise issues regarding            Kazakhstan.11 On the same day, the
                                                Constitution Avenue NW., Washington,                    product coverage (i.e., scope).5 Certain              Department also initiated antidumping
                                                DC 20230; telephone: (202) 482–1280 or                  interested parties commented on the                   duty (AD) investigations of silicon metal
                                                (202) 482–2972, respectively.                           scope of the investigation as it appeared             from Australia, Brazil, and Norway.12
                                                SUPPLEMENTARY INFORMATION:                              in the Initiation Notice. For a summary               This CVD investigation and the AD
                                                                                                        of the product coverage comments and                  investigations of Australia, Brazil, and
                                                Background
                                                                                                        rebuttal responses submitted to the                   Norway cover the same class or kind of
                                                   This preliminary determination is                    record for this preliminary                           merchandise.
                                                made in accordance with section 703(b)                  determination, and accompanying                          As noted in the Preliminary Decision
                                                of the Tariff Act of 1930, as amended                   discussion and analysis of all comments               Memorandum, in accordance with
                                                (the Act). The Department published the                 timely received, see the Preliminary                  section 705(a)(1) of the Act and 19 CFR
                                                notice of initiation of this investigation              Scope Decision Memorandum.6 The                       351.210(b)(4), the Department is
                                                on April 4, 2017.1 On May 16, 2017, the                 Department preliminarily is not                       aligning the final CVD determination in
                                                Department postponed the preliminary                    modifying the scope language as it                    this investigation with the final
                                                determination of this investigation and                 appeared in the Initiation Notice. See                determinations in the companion AD
                                                the revised deadline is now August 7,                   Appendix I.                                           investigations of silicon metal from
                                                2017.2 For a complete description of the                                                                      Australia, Brazil, and Norway based on
                                                                                                        Methodology
                                                events that followed the initiation of
                                                this investigation, see the Preliminary                   The Department is conducting this                     7 See sections 771(5)(B) and (D) of the Act

                                                Decision Memorandum.3 Tau-Ken                           investigation in accordance with section              regarding financial contribution; section 771(5)(E)
                                                                                                                                                              of the Act regarding benefit; and section 771(5A) of
                                                   1 See Silicon Metal from Australia, Brazil, and      from the Republic of Kazakhstan,’’ dated              the Act regarding specificity.
                                                                                                                                                                8 See Tau-Ken Temir’s Supplemental Affiliation
                                                Kazakhstan: Initiation of Countervailing Duty           concurrently with, and hereby adopted by, this
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                                                Investigations, 82 FR 16356 (April 4, 2017)             notice (Preliminary Decision Memorandum).             Response, dated May 15, 2017 (Tau-Ken Temir May
                                                (Initiation Notice).                                       4 See Antidumping Duties; Countervailing Duties,   15, 2017 SAFFR).
                                                                                                                                                                9 See GOK’s June 1, 2017 Initial Questionnaire
                                                   2 See Silicon Metal From Australia, Brazil, and      Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                Kazakhstan: Postponement of Preliminary                    5 See Initiation Notice.                           Response (GOK June 1, 2017 IQR).
                                                                                                                                                                10 See sections 776(a) and (b) of the Act.
                                                Determinations of Countervailing Duty                      6 See Memorandum, ‘‘Silicon Metal from
                                                Investigations, 82 FR 22490 (May 16, 2017).             Australia, Brazil, Kazakhstan, and Norway: Scope        11 See Initiation Notice, 82 FR 16356.
                                                   3 See Memorandum, ‘‘Decision Memorandum for          Comments Decision Memorandum for the                    12 See Silicon Metal from Australia, Brazil, and

                                                the Preliminary Determination of the                    Preliminary Determinations,’’ dated June 27, 2017     Norway: Initiation of Less-Than-Fair-Value
                                                Countervailing Duty Investigation of Silicon Metal      (Preliminary Scope Decision Memorandum).              Investigations, 82 FR 16352 (April 4, 2017).



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Document Created: 2018-10-24 11:50:18
Document Modified: 2018-10-24 11:50:18
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
ContactMarcia E. Short, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482- 1560.
FR Citation82 FR 37846 

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