82_FR_41767 82 FR 41598 - Foundry Coke Products From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order

82 FR 41598 - Foundry Coke Products From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41598-41599
FR Document2017-18587

As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on foundry coke products (foundry coke) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41598-41599]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: Final 
Results of the Expedited Third Sunset Review of the Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
foundry coke products (foundry coke) from the People's Republic of 
China (PRC) would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Courtney Canales, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; Telephone: (202) 482-4997.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2001, the Department published its final determination 
in the less-than-fair value investigation of foundry coke from the 
PRC.\1\ On September 17, 2001, the Department published an amended 
final determination of sales at less-than-fair-value and the AD Order 
on foundry coke from the PRC.\2\ On May 1, 2017, the Department 
published the notice of initiation of the third sunset review of the AD 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(Act).\3\ On May 10, 2017, the Department received a notice of intent 
to participate from: ABC Coke, Erie Coke, and Tonawanda Coke 
(collectively, the petitioners) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ ABC Coke, Erie Coke, and Tonawanda Coke claimed 
interested party status under section 771(9)(C) of the Act, as 
producers in the United States of a domestic like product. On May 31, 
2017, the Department received a complete and adequate substantive 
response from the the petitioners within the 30-day deadline specified 
in 19 CFR 351.218(d)(3)(i).\5\ The Department received no substantive 
responses from respondent interested parties. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited sunset review of the AD Order.
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    \1\ See Final Determination or Sales at Less Than Fair Value: 
Foundry Coke Products from the People's Republic of China, 66 FR 
39487 (July 31, 2001) (LTFV Investigation Final).
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Foundry Coke Products 
from The People's Republic of China, 66 FR 48025, (September 17, 
2001) (AD Order).
    \3\ See Initiation of Five-Year (Sunset) Review, 82 FR 20314 
(May 1, 2017).
    \4\ See Petitioners' May 10, 2017, submission.
    \5\ See Petitioners' submission ``Re: Foundry Coke from China, 
Third Sunset Review: Substantive Response to Notice of Initiation of 
Sunset Review'' (May 31, 2017).
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Scope of the AD Order

    The product covered under the antidumping duty order is coke larger 
than 100 mm (4 inches) in maximum diameter and at least 50 percent of 
which is retained on a 100 mm (4 inch) sieve, of a kind used in 
foundries. The foundry coke products subject to the antidumping duty 
order were classifiable under subheading 2704.00.00.10 (as of Jan 1, 
2000) and are currently classifiable under subheading 2704.00.00.11 (as 
of July 1, 2000) of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and Customs purposes, our written description of the scope of the order 
is dispositive.\6\
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    \6\ See Foundry Coke Products from the People's Republic of 
China, 77 Federal Register 34,012 (June 8, 2012).
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Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the AD Order and the magnitude of the 
margins likely to prevail if the order were revoked, is provided in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\7\ The appendix to this notice includes a list of the issues 
which the parties raised and to which the Department responded in the 
Issues and Decision Memorandum. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in the Central Records Unit, 
room B0824 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
on the Internet at http://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \7\ See Memorandum to 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, from James Maeder, Senior Director 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Expedited Third Sunset Review 
of the Antidumping Duty Order on Foundry Coke Products from the 
People's Republic of China: Issues and Decision Memorandum,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to section 751(c)(1) and 752(c)(1) and (3) of the Act, the 
Department determines that revocation of the AD Order would be likely 
to lead to continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins up to 214.89 percent.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order,

[[Page 41599]]

is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: August 28, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2017-18587 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P

41598 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices bond for) estimated antidumping or September 17, 2001, the Department Analysis of Comments Received countervailing duties required on those published an amended final A complete discussion of all issues entries at the time of entry, or determination of sales at less-than-fair- raised in this sunset review, including withdrawal from warehouse, for value and the AD Order on foundry coke the likelihood of continuation or consumption and to continue to collect from the PRC.2 On May 1, 2017, the recurrence of dumping in the event of the cash deposit previously ordered. Department published the notice of revocation of the AD Order and the For the first administrative review of initiation of the third sunset review of magnitude of the margins likely to any order, there will be no assessment the AD Order, pursuant to section 751(c) prevail if the order were revoked, is of antidumping or countervailing duties of the Tariff Act of 1930, as amended provided in the Issues and Decision on entries of subject merchandise (Act).3 On May 10, 2017, the Memorandum, which is hereby adopted entered, or withdrawn from warehouse, Department received a notice of intent by this notice.7 The appendix to this for consumption during the relevant to participate from: ABC Coke, Erie notice includes a list of the issues which provisional-measures ‘‘gap’’ period of Coke, and Tonawanda Coke the parties raised and to which the the order, if such a gap period is (collectively, the petitioners) within the Department responded in the Issues and applicable to the period of review. deadline specified in 19 CFR Decision Memorandum. The Issues and This notice is not required by statute 351.218(d)(1)(i).4 ABC Coke, Erie Coke, Decision Memorandum is a public but is published as a service to the and Tonawanda Coke claimed international trading community. document and is on file electronically interested party status under section via Enforcement and Compliance’s Dated: August 22, 2017. 771(9)(C) of the Act, as producers in the Antidumping and Countervailing Duty James Maeder, United States of a domestic like Centralized Electronic Services System Senior Director perfoming the duties of product. On May 31, 2017, the (ACCESS). ACCESS is available to Deputy Assistant Secretary for Antidumping Department received a complete and registered users at http:// and Countervailing Duty Operations. adequate substantive response from the access.trade.gov and to all parties in the [FR Doc. 2017–18585 Filed 8–31–17; 8:45 am] the petitioners within the 30-day Central Records Unit, room B0824 of the BILLING CODE 3510–DS–P deadline specified in 19 CFR main Department of Commerce 351.218(d)(3)(i).5 The Department building. In addition, a complete received no substantive responses from version of the Issues and Decision DEPARTMENT OF COMMERCE respondent interested parties. As a Memorandum can be accessed on the result, pursuant to section 751(c)(3)(B) Internet at http://enforcement.trade.gov/ International Trade Administration of the Act and 19 CFR frn/. The signed Issues and Decision [A–570–862] 351.218(e)(1)(ii)(C)(2), the Department Memorandum and the electronic conducted an expedited sunset review version of the Issues and Decision Foundry Coke Products From the of the AD Order. Memorandum are identical in content. People’s Republic of China: Final Results of the Expedited Third Sunset Scope of the AD Order Final Results of Sunset Review Review of the Antidumping Duty Order The product covered under the Pursuant to section 751(c)(1) and antidumping duty order is coke larger 752(c)(1) and (3) of the Act, the AGENCY: Enforcement and Compliance, than 100 mm (4 inches) in maximum Department determines that revocation International Trade Administration, diameter and at least 50 percent of of the AD Order would be likely to lead Department of Commerce. SUMMARY: As a result of this sunset which is retained on a 100 mm (4 inch) to continuation or recurrence of review, the Department of Commerce sieve, of a kind used in foundries. The dumping, and that the magnitude of the (the Department) finds that revocation foundry coke products subject to the dumping margins likely to prevail of the antidumping duty order on antidumping duty order were would be weighted-average dumping foundry coke products (foundry coke) classifiable under subheading margins up to 214.89 percent. from the People’s Republic of China 2704.00.00.10 (as of Jan 1, 2000) and are currently classifiable under subheading Notification to Interested Parties (PRC) would be likely to lead to continuation or recurrence of dumping 2704.00.00.11 (as of July 1, 2000) of the This notice serves as the only at the levels indicated in the ‘‘Final Harmonized Tariff Schedule of the reminder to parties subject to Results of Review’’ section of this United States (HTSUS). Although the administrative protective order (APO) of notice. HTSUS subheadings are provided for their responsibility concerning the convenience and Customs purposes, our return or destruction of proprietary DATES: Applicable September 1, 2017. information disclosed under APO in written description of the scope of the FOR FURTHER INFORMATION CONTACT: order is dispositive.6 accordance with 19 CFR 351.305. Courtney Canales, AD/CVD Operations, Timely notification of the return or Enforcement and Compliance, People’s Republic of China, 66 FR 39487 (July 31, destruction of APO materials, or International Trade Administration, 2001) (LTFV Investigation Final). conversion to judicial protective order, U.S. Department of Commerce, 1401 2 See Notice of Amended Final Determination of Constitution Avenue NW., Washington, Sales at Less Than Fair Value and Antidumping 7 See Memorandum to Gary Taverman, Deputy Duty Order: Foundry Coke Products from The DC 20230; Telephone: (202) 482–4997. People’s Republic of China, 66 FR 48025, Assistant Secretary for Antidumping and SUPPLEMENTARY INFORMATION: Countervailing Duty Operations, performing the (September 17, 2001) (AD Order). 3 See Initiation of Five-Year (Sunset) Review, 82 non-exclusive functions and duties of the Assistant Background Secretary for Enforcement and Compliance, from sradovich on DSK3GMQ082PROD with NOTICES FR 20314 (May 1, 2017). James Maeder, Senior Director performing the On July 31, 2001, the Department 4 See Petitioners’ May 10, 2017, submission. duties of Deputy Assistant Secretary for 5 See Petitioners’ submission ‘‘Re: Foundry Coke published its final determination in the Antidumping and Countervailing Duty Operations, from China, Third Sunset Review: Substantive ‘‘Expedited Third Sunset Review of the less-than-fair value investigation of Response to Notice of Initiation of Sunset Review’’ Antidumping Duty Order on Foundry Coke foundry coke from the PRC.1 On (May 31, 2017). Products from the People’s Republic of China: 6 See Foundry Coke Products from the People’s Issues and Decision Memorandum,’’ dated 1 See Final Determination or Sales at Less Than Republic of China, 77 Federal Register 34,012 (June concurrently with this notice (Issues and Decision Fair Value: Foundry Coke Products from the 8, 2012). Memorandum). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41599 is hereby requested. Failure to comply petitioner).1 The AD Petition was defined in section 771(9)(C) of the Act. with the regulations and terms of an accompanied by a countervailing duty The Department also finds that the APO is a violation which is subject to (CVD) Petition concerning imports of petitioner demonstrated sufficient sanction. UGW paper from Canada. The petitioner industry support with respect to the We are issuing and publishing these is a domestic producer of UGW paper.2 initiation of the AD investigation that results and notice in accordance with On August 11, 2017, the Department the petitioner is requesting.7 sections 751(c), 752(c), and 777(i)(1) of requested supplemental information pertaining to certain areas of the Period of Investigation the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Petition.3 The petitioner filed responses Because the Petition was filed on to these requests on August 15, 2017.4 August 9, 2017, the period of Dated: August 28, 2017. On August 17, 2017, the Department investigation (POI) for this investigation Gary Taverman, contacted the petitioner regarding the is July 1, 2016, through June 30, 2017. Deputy Assistant Secretary for Antidumping proposed scope of the investigations.5 and Countervailing Duty Operations, The petitioner filed revised scope Scope of the Investigation performing the non-exclusive functions and language on August 21, 2017.6 As The product covered by this duties of the Assistant Secretary for Enforcement and Compliance. discussed below, on August 10, 2017, investigation is UGW paper from the Department issued polling Canada. For a full description of the Appendix questionnaires to all known U.S. scope of this investigation, see the producers of UGW paper. The ‘‘Scope of the Investigation,’’ in the List of Topics Discussed in the Issues and Department received responses from all Appendix to this notice. Decision Memorandum recipients of the polling questionnaires. I. Summary In accordance with section 732(b) of Comments on Scope of the Investigation II. Background the Tariff Act of 1930, as amended (the During our review of the Petition, the III. Scope of the Order Act), the petitioner alleges that imports IV. History of the Order Department issued questions to, and V. Legal Framework of UGW paper from Canada are being, received responses from, the petitioner VI. Discussion of the Issues or are likely to be, sold in the United pertaining to the proposed scope to 1. Likelihood of Continuation or States at less than fair value (LTFV) ensure that the scope language in the Recurrence of Dumping within the meaning of section 731 of the Petition would be an accurate reflection 2. Magnitude of the Margins Likely to Act, and that such imports are of the products for which the domestic Prevail materially injuring, or threatening industry is seeking relief.8 VII. Final Results of Sunset Review material injury to, the domestic industry As discussed in the preamble to the VIII. Recommendation producing UGW paper in the United Department’s regulations, we are setting [FR Doc. 2017–18587 Filed 8–31–17; 8:45 am] States. Also, consistent with section aside a period for interested parties to BILLING CODE 3510–DS–P 732(b)(1) of the Act, the Petition is raise issues regarding product coverage accompanied by information reasonably (scope).9 The Department will consider available to the petitioner supporting its all comments received from interested DEPARTMENT OF COMMERCE allegations. parties and, if necessary, will consult The Department finds that the with interested parties prior to the International Trade Administration petitioner filed this Petition on behalf of issuance of the preliminary the domestic industry because the determinations. If scope comments [A–122–861] petitioner is an interested party as include factual information,10 all such factual information should be limited to Certain Uncoated Groundwood Paper 1 See Letter from the petitioner ‘‘Certain Uncoated public information. To facilitate From Canada: Initiation of Less-Than- Groundwood Paper from Canada—Petitions for the Imposition of Antidumping and Countervailing preparation of its questionnaires, the Fair-Value Investigation Duties,’’ dated August 9, 2017 (the Petition). Department requests all interested AGENCY: Enforcement and Compliance, 2 See Volume I of the Petition, at 1. parties to submit such comments by 3 See Letter to the petitioner from the Department, International Trade Administration, 5:00 p.m. Eastern Time (ET) on Monday, ‘‘Petitions for the Imposition of Antidumping and Department of Commerce. Countervailing Duties on Imports of Certain September 18, 2017, which is 20 Uncoated Groundwood Paper from Canada: calendar days from the signature date of DATES: Applicable September 1, 2017. Supplemental Questions,’’ dated August 11, 2017 this notice. Any rebuttal comments, FOR FURTHER INFORMATION CONTACT: (General Issues Supplemental Questionnaire); see which may include factual information, also Letter from the Department, ‘‘Petition for the Maria Tatarska at (202) 482–1562, AD/ Imposition of Antidumping Duties on Imports of must be filed by 5:00 p.m. ET on CVD Operations, Enforcement and Certain Uncoated Groundwood Paper from Canada: Thursday, September 28, 2017, which is Compliance, International Trade Supplemental Questions,’’ dated August 11, 2017 10 calendar days from the initial Administration, U.S. Department of (AD Supplemental Questionnaire). comments deadline.11 4 See ‘‘Certain Uncoated Groundwood Paper from Commerce, 1401 Constitution Avenue Canada/Responses to Supplemental Questions on The Department requests that any NW., Washington, DC 20230. the Injury Volume of the Petition,’’ dated August factual information the parties consider SUPPLEMENTARY INFORMATION: 15, 2017 (General Issues Supplemental Response); relevant to the scope of the investigation see also ‘‘Certain Uncoated Groundwood Paper be submitted during this time period. The Petition from Canada/Petitioner’s Responses to Supplemental Questions on the Antidumping Duty 7 See the ‘‘Determination of Industry Support for On August 9, 2017, the U.S. Volume of the Petition,’’ dated August 15, 2017 (AD sradovich on DSK3GMQ082PROD with NOTICES Supplemental Response). the Petition’’ section, below. Department of Commerce (the 5 See Memorandum, ‘‘Phone Call with Counsel to 8 See General Issues Supplemental Questionnaire; Department) received an antidumping the Petitioner,’’ dated August 17, 2017 (Scope see also General Issues Supplemental Response, duty (AD) Petition concerning imports Phone Call). Scope Phone Call, and Scope Revision Letter. 9 See Antidumping Duties; Countervailing Duties, of certain uncoated groundwood paper 6 See Letter to the Secretary of Commerce from the petitioner, ‘‘Certain Uncoated Groundwood Final Rule, 62 FR 27296, 27323 (May 19, 1997). (UGW paper) from Canada, filed in 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual Paper from Canada/Further revisions to the Scope proper form on behalf of North Pacific Language,’’ dated August 21, 2017 (Scope Revision information’’). Paper Company (NORPAC, the Letter). 11 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2017-09-01 01:50:53
Document Modified: 2017-09-01 01:50:53
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 September 1, 2017.
ContactCourtney Canales, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-4997.
FR Citation82 FR 41598 
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