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)

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, 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