82 FR 39564 - Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, the Republic of South Africa, Spain, the Republic of Turkey, Ukraine and the United Kingdom: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 160 (August 21, 2017)
International Trade Administration
Federal Register Volume 82, Issue 160 (August 21, 2017)
| Page Range | 39564-39565 | |
| FR Document | 2017-17620 |
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)] [Notices] [Pages 39564-39565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17620] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-836, A-580-891, A-412-826, A-469-816, A-791-823, A-489-831, A- 823-816] Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, the Republic of South Africa, Spain, the Republic of Turkey, Ukraine and the United Kingdom: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 21, 2017. FOR FURTHER INFORMATION CONTACT: Victoria Cho at (202) 482-5075 (Italy); Lingjun Wang at (202) 482-2316 (the Republic of Korea (Korea)); Alice Maldonado at (202) 482-4682 (the United Kindgom (UK)); Davina Friedmann at (202) 482-0698 (Spain); Moses Song at (202) 482- 5041 (the Republic of South Africa (South Africa)); Ryan Mullen at (202) 482-5260 (the Republic of Turkey (Turkey)); and Julia Hancock at (202) 482-1394 (Ukraine), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On April 17, 2017, the Department of Commerce (the Department) initiated less-than-fair-value (LTFV) investigations of imports of carbon and alloy steel wire rod (wire rod) from Italy, Korea, South Africa, Spain, Turkey, Ukraine, and the UK.\1\ Currently, the preliminary determinations are due no later than September 5, 2017.\2\ --------------------------------------------------------------------------- \1\ See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, South Africa, Spain, the Republic of Turkey, Ukraine, United Arab Emirates, and United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR19207 (April 20, 2017) (Initiation Notice). \2\ The statutory deadline is actually September 4, 2017, which is a federal holiday. It is the Department's practice that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a LTFV investigation within 140 days after the date on which the Department initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the Act permits the Department to postpone the preliminary determination until no later than 190 days after the date on which the Department initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) the Department concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. The Department will grant the request unless it finds compelling reasons to deny the request. On August 11, 2017, the petitioners \3\ submitted a timely request that the Department postpone the preliminary determinations in these LTFV investigations.\4\ The petitioners stated that they request postponement because the Department is still gathering data and questionnaire responses from the foreign producers in these investigations, and that additional time is necessary for the Department and interested parties to fully and properly analyze all questionnaire responses, and [[Page 39565]] to facilitate analysis of and the submission of comments and new factual information.\5\ --------------------------------------------------------------------------- \3\ The petitioners are Gerdau Ameristeel US Inc., Keystone Consolidated Industries Inc., Charter Steel, and Nucor Corporation. \4\ See Kelley, Drye, and Warren, LLP's August 11, 2017, submission; see also Wiley Rein, LLP's August 11, 2017, submissions. \5\ Id. --------------------------------------------------------------------------- For the reasons stated above, and because there are no compelling reasons to deny the request, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, the Department will issue its preliminary determinations no later than October 24, 2017. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of publication of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 15, 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. 2017-17620 Filed 8-18-17; 8:45 am] BILLING CODE 3510-DS-P
![39564 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
including requests to make comments In addition, any member of the public alloy steel wire rod (wire rod) from
during the meeting and for auxiliary may submit pertinent written comments Italy, Korea, South Africa, Spain,
aids, or to submit written comments for concerning the Board’s affairs at any Turkey, Ukraine, and the UK.1
dissemination prior to the meeting, is time before or after the meeting. Currently, the preliminary
5:00 p.m. EDT on Wednesday, August Comments may be submitted to Brian determinations are due no later than
30, 2017. Beall at the contact information September 5, 2017.2
ADDRESSES: The meeting will be held in indicated above. To be considered Postponement of Preliminary
Washington, DC. The exact location will during the meeting, comments must be Determinations
be provided by email to registrants. received no later than 5:00 p.m. EDT on
Wednesday, August 30, 2017, to ensure Section 733(b)(1)(A) of the Tariff Act
Requests to register (including to of 1930, as amended (the Act), requires
speak or for auxiliary aids) and any transmission to the Board prior to the
meeting. Comments received after that the Department to issue the preliminary
written comments should be submitted determination in a LTFV investigation
to: National Travel and Tourism Office, date and time will be distributed to the
members but may not be considered within 140 days after the date on which
U.S. Department of Commerce, 1401 the Department initiated the
Constitution Ave. NW., Room 10003, during the meeting. Copies of Board
meeting minutes will be available investigation. However, section
Washington, DC 20230 or by email to 733(c)(1)(A)(b)(1) of the Act permits the
TTAB@trade.gov. Members of the public within 90 days of the meeting.
Department to postpone the preliminary
are encouraged to submit registration Dated: August 14, 2017. determination until no later than 190
requests and written comments via Brian Beall, days after the date on which the
email to ensure timely receipt. Designated Federal Officer, United States Department initiated the investigation
FOR FURTHER INFORMATION CONTACT: Travel and Tourism Advisory Board. if: (A) The petitioner makes a timely
Brian Beall, the United States Travel [FR Doc. 2017–17555 Filed 8–18–17; 8:45 am] request for a postponement; or (B) the
and Tourism Advisory Board, National BILLING CODE 3510–DR–P Department concludes that the parties
Travel and Tourism Office, U.S. concerned are cooperating, that the
Department of Commerce, 1401 investigation is extraordinarily
Constitution Ave. NW., Room 10003, DEPARTMENT OF COMMERCE complicated, and that additional time is
Washington, DC 20230; telephone: 202– necessary to make a preliminary
International Trade Administration determination. Under 19 CFR
482–5634; email: TTAB@trade.gov.
SUPPLEMENTARY INFORMATION: [A–475–836, A–580–891, A–412–826, A–469– 351.205(e), the petitioner must submit a
816, A–791–823, A–489–831, A–823–816] request for postponement 25 days or
Background: The Board advises the more before the scheduled date of the
Secretary of Commerce on matters Carbon and Alloy Steel Wire Rod From preliminary determination and must
relating to the U.S. travel and tourism Italy, the Republic of Korea, the state the reasons for the request. The
industry. Republic of South Africa, Spain, the Department will grant the request unless
Public Participation: The meeting will Republic of Turkey, Ukraine and the it finds compelling reasons to deny the
be open to the public and will be United Kingdom: Postponement of request.
accessible to people with disabilities. Preliminary Determinations in the On August 11, 2017, the petitioners 3
Any member of the public requesting to Less-Than-Fair-Value Investigations submitted a timely request that the
join the meeting is asked to register in Department postpone the preliminary
advance by the deadline identified AGENCY: Enforcement and Compliance,
determinations in these LTFV
under the DATES caption. Requests for International Trade Administration, investigations.4 The petitioners stated
auxiliary aids must be submitted by the Department of Commerce. that they request postponement because
registration deadline. Last minute DATES: Applicable August 21, 2017. the Department is still gathering data
requests will be accepted, but may not FOR FURTHER INFORMATION CONTACT: and questionnaire responses from the
be possible to fill. There will be fifteen Victoria Cho at (202) 482–5075 (Italy); foreign producers in these
(15) minutes allotted for oral comments Lingjun Wang at (202) 482–2316 (the investigations, and that additional time
from members of the public joining the Republic of Korea (Korea)); Alice is necessary for the Department and
meeting. To accommodate as many Maldonado at (202) 482–4682 (the interested parties to fully and properly
speakers as possible, the time for public United Kindgom (UK)); Davina analyze all questionnaire responses, and
comments may be limited to three (3) Friedmann at (202) 482–0698 (Spain);
minutes per person. Members of the Moses Song at (202) 482–5041 (the 1 See Carbon and Alloy Steel Wire Rod from
public wishing to reserve speaking time Republic of South Africa (South Belarus, Italy, the Republic of Korea, the Russian
during the meeting must submit a Africa)); Ryan Mullen at (202) 482–5260 Federation, South Africa, Spain, the Republic of
Turkey, Ukraine, United Arab Emirates, and United
request at the time of registration, as (the Republic of Turkey (Turkey)); and Kingdom: Initiation of Less-Than-Fair-Value
well as the name and address of the Julia Hancock at (202) 482–1394 Investigations, 82 FR19207 (April 20, 2017)
proposed speaker. If the number of (Ukraine), AD/CVD Operations, (Initiation Notice).
2 The statutory deadline is actually September 4,
registrants requesting to make Enforcement and Compliance, 2017, which is a federal holiday. It is the
statements is greater than can be International Trade Administration, Department’s practice that where a deadline falls on
reasonably accommodated during the U.S. Department of Commerce, 1401 a weekend or federal holiday, the appropriate
Constitution Avenue NW., Washington, deadline is the next business day. See Notice of
asabaliauskas on DSKBBXCHB2PROD with NOTICES
meeting, the International Trade
Clarification: Application of ‘‘Next Business Day’’
Administration may conduct a lottery to DC 20230. Rule for Administrative Determination Deadlines
determine the speakers. Speakers are SUPPLEMENTARY INFORMATION: Pursuant to the Tariff Act of 1930, As Amended, 70
requested to submit a written copy of FR 24533 (May 10, 2005).
their prepared remarks by 5:00 p.m. Background 3 The petitioners are Gerdau Ameristeel US Inc.,
EDT on Wednesday, August 30, 2017, On April 17, 2017, the Department of Keystone Consolidated Industries Inc., Charter
Steel, and Nucor Corporation.
for inclusion in the meeting records and Commerce (the Department) initiated 4 See Kelley, Drye, and Warren, LLP’s August 11,
for circulation to the members of the less-than-fair-value (LTFV) 2017, submission; see also Wiley Rein, LLP’s
Board. investigations of imports of carbon and August 11, 2017, submissions.
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![Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices 39565
to facilitate analysis of and the review,1 and that the Department is Timken Notice
submission of comments and new amending the final results with respect
In its decision in Timken,6 as clarified
factual information.5 to the labor surrogate value applied in
by Diamond Sawblades,7 the Federal
For the reasons stated above, and the administrative review. The effective
Circuit held that, pursuant to section
because there are no compelling reasons date of this notice is July 9, 2017.
516A(e) of the Tariff Act of 1930, as
to deny the request, the Department, in DATES: Applicable July 9, 2017.
amended (the Act), the Department
accordance with section 733(c)(1)(A) of FOR FURTHER INFORMATION CONTACT: must publish a notice of a court
the Act, is postponing the deadline for Irene Gorelik, AD/CVD Operations decision that is not ‘‘in harmony’’ with
the preliminary determinations by 50 Office VIII, Enforcement and a Department determination and must
days (i.e., 190 days after the date on Compliance, International Trade suspend liquidation of entries pending
which these investigations were Administration, U.S. Department of a ‘‘conclusive’’ court decision.
initiated). As a result, the Department Commerce, 1401 Constitution Avenue
will issue its preliminary This notice is published in fulfillment
NW., Washington, DC 20230; telephone:
determinations no later than October 24, of the publication requirement of
(202) 482–6905.
2017. In accordance with section Timken. Accordingly, the Department
SUPPLEMENTARY INFORMATION:
735(a)(1) of the Act and 19 CFR will continue the suspension of
351.210(b)(1), the deadline for the final Background liquidation of the subject merchandise
determinations of these investigations On September 15, 2015, the at issue in the Remand Redetermination
will continue to be 75 days after the Department published its Final Results. pending expiration of the period to
date of publication of the preliminary In the Final Results, we relied on data appeal or, if appealed, a final and
determinations, unless postponed at a from the Bangladeshi Bureau of conclusive court decision.
later date. Statistics (BBS) to value the Amended Final Results
This notice is issued and published respondents’ labor consumption.
pursuant to section 733(c)(2) of the Act Subsequently, the CIT remanded this Because there is now a final court
and 19 CFR 351.205(f)(1). issue to the Department for further decision, the Department is amending
explanation or reconsideration.2 In the the Final Results. Based on the Remand
Dated: August 15, 2017. Redetermination, as affirmed by the
Gary Taverman,
Remand Redetermination, the
Department reconsidered its Court on June 29, 2017, the revised
Deputy Assistant Secretary for Antidumping weighted-average dumping margin for
and Countervailing Duty Operations,
determination and found that the BBS
data are not the best available Thuan Phuoc Seafoods and Trading
performing the non-exclusive functions and Corporation for the period February 1,
duties of the Assistant Secretary for information with which to value
respondents’ labor.3 Consequently, the 2013, through January 31, 2014, is 1.42
Enforcement and Compliance.
Department evaluated the alternative percent. As noted above, there was no
[FR Doc. 2017–17620 Filed 8–18–17; 8:45 am]
wage rates on the record and change to Sao Ta Foods Joint Stock
BILLING CODE 3510–DS–P Company’s weighted-average margin
determined that India wage rate data are
the best available information for from the Final Results; we continued to
valuing labor. calculate a 0.00 percent weighted-
DEPARTMENT OF COMMERCE
In the Final Results, we calculated a average margin for Sao Ta Foods Joint
International Trade Administration 0.00 percent weighted-average margin Stock Company in the Remand
for Sao Ta Foods Joint Stock Company Redetermination.
[A–552–802] and a 1.16 percent weighted-average Further, for the purpose of
margin for Thuan Phuoc Seafoods and recalculating the sample rate for the
Certain Frozen Warmwater Shrimp Trading Corporation.4 Based on our non-individually examined companies
From the Socialist Republic of change of the labor surrogate value, we that received a separate rate and are
Vietnam: Notice of Court Decision Not continued to calculate a 0.00 percent parties to this litigation,8 we adjusted
in Harmony With Final Results of weighted-average margin for Sao Ta the Minh Phu Group’s final margin from
Administrative Review and Notice of Foods Joint Stock Company and 1.39 percent 9 to 1.53 percent; 10
Amended Final Results calculated a 1.42 percent weighted- however, there is no effect to the Minh
AGENCY: Enforcement and Compliance, average margin for Thuan Phuoc Phu Group’s final margin of 1.39
International Trade Administration, Seafoods and Trading Corporation.5
Department of Commerce. Redetermination—Revised Final Results
1 See Certain Frozen Warmwater Shrimp from the Calculations,’’ dated May 12, 2017 (Remand
SUMMARY: On June 29, 2017, the Court Recalculations).
Socialist Republic of Vietnam: Final Results of
of International Trade (CIT) issued its Antidumping Duty Administrative Review, 2013– at Attachments 1–4.
final judgment, sustaining the 2014, 80 FR 55328 (September 15, 2015) (Final 6 See Timken Co. v. United States, 893 F.2d 337,
Department of Commerce’s (the Results). 341 (Fed. Cir. 1990) (Timken).
2 See Ad Hoc Shrimp Trade Action Committee v. 7 See Diamond Sawblades Mfrs. Coalition v.
Department’s) remand results pertaining
United States, Court No. 15–00279, Slip Op. 17–27 United States, 626 F.3d 1374 (Fed. Cir. 2010)
to the ninth administrative review of the (March 16, 2017) (Remand Opinion and Order) at (Diamond Sawblades).
antidumping duty order on certain 24. 8 See Remand Recalculations at 4–6, for the list
frozen warmwater shrimp from the 3 See Final Results of Redetermination Pursuant of the separate rate companies that are subject to
Socialist Republic of Vietnam (Vietnam) to Court Remand, dated June 6, 2017, at 9 (Remand this litigation; see also Memorandum to the File,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
covering the period of review (POR) of Redetermination); available at http:// from Irene Gorelik, Senior International Trade
enforcement.trade.gov/remands/17-27.pdf. Compliance Analyst, Office VIII, re: ‘‘Final Remand
February 1, 2013, through January 31, 4 See Certain Frozen Warmwater Shrimp from the Redetermination—Revised Final Remand
2014. The Department is notifying the Socialist Republic of Vietnam: Final Results of Recalculations,’’ dated June 15, 2017 (Final Remand
public that the final judgment in this Antidumping Duty Administrative Review, 2013– Recalculations) at 4 for the recalculation of the
case is not in harmony with the final 2014, 80 FR 55328, 55329 (September 15, 2015) sample rate for the final remand redetermination.
(Final Results). 9 See Final Results, 80 FR at 55329. See also
results of the ninth administrative 5 See Memorandum to the File, from Irene Remand Recalculations at 4.
Gorelik, Senior International Trade Compliance 10 See Final Remand Recalculations at 3 and
5 Id. Analyst, Office VIII, re: ‘‘Remand Attachments 1–4.
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Document Created: 2017-08-19 00:44:56
Document Modified: 2017-08-19 00:44:56
| 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 21, 2017. | |
| Contact | Victoria Cho at (202) 482-5075 (Italy); Lingjun Wang at (202) 482-2316 (the Republic of Korea (Korea)); Alice Maldonado at (202) 482-4682 (the United Kindgom (UK)); Davina Friedmann at (202) 482-0698 (Spain); Moses Song at (202) 482- 5041 (the Republic of South Africa (South Africa)); Ryan Mullen at (202) 482-5260 (the Republic of Turkey (Turkey)); and Julia Hancock at (202) 482-1394 (Ukraine), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 39564 |
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