82_FR_43701 82 FR 43522 - Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision

82 FR 43522 - Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range43522-43523
FR Document2017-19771

On August 25, 2017, the United States Court of International Trade (CIT) issued its final judgment sustaining the Department of Commerce's (the Department) final results of remand redetermination pursuant to court order. The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results in the second administrative review of the antidumping duty order on multilayered wood flooring from the People's Republic of China (PRC), and that the Department is amending its determination with respect to Linyi Bonn Flooring Manufacturing Co., Ltd. (Linyi Bonn).

Federal Register, Volume 82 Issue 179 (Monday, September 18, 2017)
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43522-43523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

SUMMARY: On August 25, 2017, the United States Court of International 
Trade (CIT) issued its final judgment sustaining the Department of 
Commerce's (the Department) final results of remand redetermination 
pursuant to court order. The Department is notifying the public that 
the final judgment in this case is not in harmony with the Department's 
final results in the second administrative review of the antidumping 
duty order on multilayered wood flooring from the People's Republic of 
China (PRC), and that the Department is amending its determination with 
respect to Linyi Bonn Flooring Manufacturing Co., Ltd. (Linyi Bonn).

DATES: Applicable September 4, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3147.

SUPPLEMENTARY INFORMATION: 

Background

    Linyi Bonn was reviewed in a new shipper review (NSR) of the 
antidumping duty order on multilayered wood flooring from the PRC, 
covering the period of review from December 1, 2012 through May 31, 
2013.\1\ In the Final Results of NSR, the Department calculated a 
weighted-average dumping margin for Linyi Bonn of zero percent, also 
finding that Linyi Bonn had demonstrated its entitlement to a separate 
rate.\2\
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    \1\ See Multilayered Wood Flooring From the People's Republic of 
China: Final Results of Antidumping Duty New Shipper Reviews 2012-
2013, 79 FR 66355 (November 7, 2014) (Final Results of NSR).
    \2\ Id. at 66356.
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    Linyi Bonn was also subsequently a respondent in an administrative 
review that partially overlapped the period of review for the NSR, in 
that it covered the period of review December 1, 2012 through November 
30, 2013. On July 15, 2016, the Department published the Final Results 
in the administrative review, in which it found that Linyi Bonn was 
part of the PRC-wide entity, because Linyi Bonn failed to submit either 
a timely certification of no sales, a separate rate certification, or a 
separate rate application.\3\
---------------------------------------------------------------------------

    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Final Results of New Shipper Review; 2012-2013, 80 FR 41476 (July 
15, 2015), as corrected by Multilayered Wood Flooring from the 
People's Republic of China, 80 FR 49,986 (Dep't of Commerce Aug. 18, 
2015) (correction to final admin. review), and Multilayered Wood 
Flooring from the People's Republic of China, 80 FR 52,447 (Dep't of 
Commerce Aug. 31, 2015) (correction to final admin. review) 
(collectively, Final Results).
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    On April 21, 2017, the CIT remanded the Final Results, finding the 
Department's determination to assign Linyi Bonn the PRC-wide rate of 
58.84 percent was contrary to law. The CIT held that the Department's 
Initiation Notice \4\ failed to provide notice to Linyi Bonn of the 
need to file a ``partial'' no shipments certification for only a 
portion of the review. The CIT remanded for the Department to ``correct 
the problem created by its failure to provide notice.'' \5\ In 
particular, the CIT ordered the Department to afford Linyi Bonn ``the 
opportunity it would have had if the Department's failure to provide 
notice had not occurred.'' \6\
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
6147 (February 3, 2014) (Initiation Notice).
    \5\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United 
States, Court No. 15-00227, Slip Op. 17-46, at 28.
    \6\ Id.
---------------------------------------------------------------------------

    On June 19, 2017, the Department issued its Remand Results, in 
which the Department determined that Linyi Bonn did not have shipments 
during the period of review other than those already reviewed in the 
Final Results of NSR.\7\
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    \7\ See Final Results of Redetermination Pursuant to Court Order 
(June 19, 2017) (Remand Results).
---------------------------------------------------------------------------

    On August 25, 2017, the CIT issued its decision sustaining the 
Department's Remand Results.\8\
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    \8\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United 
States, Court No. 15-00227, Slip Op. 17-113.
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's August 25, 2017, judgment constitutes a final decision of that 
court that is not in harmony with the Department's Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken. Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or if appealed, pending a final and conclusive court 
decision.
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    \9\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect Linyi 
Bonn. Based on the Remand Results, we no longer find that Linyi Bonn is 
part of the PRC-wide entity. Instead, we have found that Linyi Bonn had 
no reviewable shipments during the period of review that were not 
otherwise covered in the overlapping period of review for the partially 
concurrent NSR.
    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
issue appropriate instructions to U.S. Customs and Border Protection to 
give effect to the finding of no shipments during the period June 1, 
2013, through November 30, 2013, and to ensure that any entries of 
subject merchandise that were produced and exported by Linyi Bonn 
during the period December 1, 2012, through May 31, 2013, are 
liquidated in accordance with the Final Results of NSR.

Cash Deposit Requirements

    Because there has been a subsequent administrative review for Linyi 
Bonn, the cash deposit rate for Linyi Bonn will remain the rate 
established in the most recently-completed administrative review, which 
is zero percent.\11\
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    \11\ See Multilayered Wood Flooring From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Partial Rescission of 
Antidumping Duty Administrative Review; 2014-2015, 82 FR 25766 (June 
5, 2017).

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[[Page 43523]]

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties for the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-19771 Filed 9-15-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                43522                     Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

                                                Recommendation                                          demonstrated its entitlement to a                      Timken Notice
                                                [FR Doc. 2017–19912 Filed 9–15–17; 4:15 pm]             separate rate.2                                           In its decision in Timken,9 as clarified
                                                BILLING CODE 3510–DS–P                                     Linyi Bonn was also subsequently a                  by Diamond Sawblades,10 the Court of
                                                                                                        respondent in an administrative review                 Appeals for the Federal Circuit held
                                                                                                        that partially overlapped the period of                that, pursuant to section 516A(e) of the
                                                DEPARTMENT OF COMMERCE                                  review for the NSR, in that it covered                 Tariff Act of 1930, as amended (the Act),
                                                                                                        the period of review December 1, 2012                  the Department must publish a notice of
                                                International Trade Administration                                                                             a court decision that is not ‘‘in
                                                                                                        through November 30, 2013. On July 15,
                                                                                                        2016, the Department published the                     harmony’’ with a Department
                                                [A–570–970]                                             Final Results in the administrative                    determination and must suspend
                                                                                                        review, in which it found that Linyi                   liquidation of entries pending a
                                                Multilayered Wood Flooring From the                                                                            ‘‘conclusive’’ court decision. The CIT’s
                                                                                                        Bonn was part of the PRC-wide entity,
                                                People’s Republic of China: Notice of                                                                          August 25, 2017, judgment constitutes a
                                                Court Decision Not in Harmony With                      because Linyi Bonn failed to submit
                                                                                                        either a timely certification of no sales,             final decision of that court that is not in
                                                Final Results of Administrative Review                                                                         harmony with the Department’s Final
                                                and Notice of Amended Final Results                     a separate rate certification, or a
                                                                                                        separate rate application.3                            Results. This notice is published in
                                                of Administrative Review Pursuant to                                                                           fulfillment of the publication
                                                Court Decision                                             On April 21, 2017, the CIT remanded                 requirements of Timken. Accordingly,
                                                                                                        the Final Results, finding the                         the Department will continue the
                                                AGENCY:   Enforcement and Compliance,                   Department’s determination to assign
                                                International Trade Administration,                                                                            suspension of liquidation of the subject
                                                                                                        Linyi Bonn the PRC-wide rate of 58.84                  merchandise pending the expiration of
                                                Department of Commerce.                                 percent was contrary to law. The CIT                   the period of appeal, or if appealed,
                                                SUMMARY: On August 25, 2017, the                        held that the Department’s Initiation                  pending a final and conclusive court
                                                United States Court of International                    Notice 4 failed to provide notice to Linyi             decision.
                                                Trade (CIT) issued its final judgment                   Bonn of the need to file a ‘‘partial’’ no
                                                sustaining the Department of                            shipments certification for only a                     Amended Final Results
                                                Commerce’s (the Department) final                       portion of the review. The CIT                            Because there is now a final court
                                                results of remand redetermination                       remanded for the Department to                         decision with respect to this case, the
                                                pursuant to court order. The Department                 ‘‘correct the problem created by its                   Department is amending its Final
                                                is notifying the public that the final                  failure to provide notice.’’ 5 In                      Results with respect Linyi Bonn. Based
                                                judgment in this case is not in harmony                 particular, the CIT ordered the                        on the Remand Results, we no longer
                                                with the Department’s final results in                  Department to afford Linyi Bonn ‘‘the                  find that Linyi Bonn is part of the PRC-
                                                the second administrative review of the                 opportunity it would have had if the                   wide entity. Instead, we have found that
                                                antidumping duty order on multilayered                  Department’s failure to provide notice                 Linyi Bonn had no reviewable
                                                wood flooring from the People’s                         had not occurred.’’ 6                                  shipments during the period of review
                                                Republic of China (PRC), and that the                      On June 19, 2017, the Department                    that were not otherwise covered in the
                                                Department is amending its                              issued its Remand Results, in which the                overlapping period of review for the
                                                determination with respect to Linyi                     Department determined that Linyi Bonn                  partially concurrent NSR.
                                                Bonn Flooring Manufacturing Co., Ltd.                   did not have shipments during the                         In the event that the CIT’s ruling is
                                                (Linyi Bonn).                                           period of review other than those                      not appealed or, if appealed, is upheld
                                                DATES: Applicable September 4, 2017.                    already reviewed in the Final Results of               by a final and conclusive court decision,
                                                                                                        NSR.7                                                  the Department will issue appropriate
                                                FOR FURTHER INFORMATION CONTACT:                                                                               instructions to U.S. Customs and Border
                                                Aleksandras Nakutis, AD/CVD                                On August 25, 2017, the CIT issued its              Protection to give effect to the finding of
                                                Operations, Office IV, Enforcement and                  decision sustaining the Department’s                   no shipments during the period June 1,
                                                Compliance—International Trade                          Remand Results.8                                       2013, through November 30, 2013, and
                                                Administration, U.S. Department of                                                                             to ensure that any entries of subject
                                                Commerce, 14th Street and Constitution                    2 Id.  at 66356.                                     merchandise that were produced and
                                                Avenue NW., Washington, DC 20230;                         3 See   Multilayered Wood Flooring from the
                                                                                                                                                               exported by Linyi Bonn during the
                                                telephone (202) 482–3147.                               People’s Republic of China: Final Results of
                                                                                                        Antidumping Duty Administrative Review and             period December 1, 2012, through May
                                                SUPPLEMENTARY INFORMATION:                              Final Results of New Shipper Review; 2012–2013,        31, 2013, are liquidated in accordance
                                                                                                        80 FR 41476 (July 15, 2015), as corrected by           with the Final Results of NSR.
                                                Background                                              Multilayered Wood Flooring from the People’s
                                                                                                        Republic of China, 80 FR 49,986 (Dep’t of              Cash Deposit Requirements
                                                  Linyi Bonn was reviewed in a new                      Commerce Aug. 18, 2015) (correction to final
                                                shipper review (NSR) of the                             admin. review), and Multilayered Wood Flooring           Because there has been a subsequent
                                                antidumping duty order on multilayered                  from the People’s Republic of China, 80 FR 52,447      administrative review for Linyi Bonn,
                                                                                                        (Dep’t of Commerce Aug. 31, 2015) (correction to       the cash deposit rate for Linyi Bonn will
                                                wood flooring from the PRC, covering                    final admin. review) (collectively, Final Results).
                                                the period of review from December 1,                      4 See Initiation of Antidumping and
                                                                                                                                                               remain the rate established in the most
                                                2012 through May 31, 2013.1 In the                      Countervailing Duty Administrative Reviews and         recently-completed administrative
                                                Final Results of NSR, the Department                    Request for Revocation in Part, 79 FR 6147             review, which is zero percent.11
                                                calculated a weighted-average dumping                   (February 3, 2014) (Initiation Notice).
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                                                                                                           5 See Linyi Bonn Flooring Manufacturing Co., Ltd.     9 See Timken Co. v. United States, 893 F.2d. 337
                                                margin for Linyi Bonn of zero percent,                  v. United States, Court No. 15–00227, Slip Op. 17–     (Fed. Cir. 1990) (Timken).
                                                also finding that Linyi Bonn had                        46, at 28.                                               10 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                           6 Id.
                                                                                                                                                               United States, 626 F.3d. 1374 (Fed. Cir. 2010)
                                                  1 See Multilayered Wood Flooring From the                7 See Final Results of Redetermination Pursuant     (Diamond Sawblades).
                                                People’s Republic of China: Final Results of            to Court Order (June 19, 2017) (Remand Results).         11 See Multilayered Wood Flooring From the

                                                Antidumping Duty New Shipper Reviews 2012–                 8 See Linyi Bonn Flooring Manufacturing Co., Ltd.   People’s Republic of China: Final Results of
                                                2013, 79 FR 66355 (November 7, 2014) (Final             v. United States, Court No. 15–00227, Slip Op. 17–     Antidumping Duty Administrative Review, Final
                                                Results of NSR).                                        113.                                                   Determination of No Shipments, and Final Partial



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                                                                          Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices                                            43523

                                                Notification to Interested Parties                      market objectives, and goals for                      expanding their business in the
                                                  This notice is issued and published in                participation. If the Department of                   mission’s destination country. The
                                                accordance with sections 516A(e)(1),                    Commerce receives an incomplete                       following criteria will be evaluated in
                                                751(a)(1), and 777(i)(1) of the Act.                    application, the Department may either:               selecting participants:
                                                                                                        Reject the application, request                          • Suitability of the applicant’s (or in
                                                  Dated: September 11, 2017.                            additional information/clarification, or              the case of a trade association/
                                                Gary Taverman,                                          take the lack of information into account             organization, represented firm or service
                                                Deputy Assistant Secretary for Antidumping              when evaluating the application. If the               provider’s) products or services to these
                                                and Countervailing Duty Operations,                     requisite minimum number of                           markets;
                                                performing the non-exclusive functions and              participants is not selected for a                       • The applicant’s (or in the case of a
                                                duties for the Assistant Secretary for                                                                        trade association/organization,
                                                                                                        particular mission by the recruitment
                                                Enforcement and Compliance.                                                                                   represented firm or service provider’s)
                                                                                                        deadline, the mission may be cancelled.
                                                [FR Doc. 2017–19771 Filed 9–15–17; 8:45 am]                Each applicant must also certify that              past, present, and prospective business
                                                BILLING CODE 3510–DS–P                                  the products and services it seeks to                 activity in relation to the Mission’s
                                                                                                        export through the mission are either                 target market(s) and sector(s);
                                                                                                        produced in the United States, or, if not,               • The applicant’s (or in the case of a
                                                DEPARTMENT OF COMMERCE                                  are marketed under the name of a U.S.                 trade association/organization,
                                                                                                        firm and have at least fifty-one percent              represented firm or service provider’s)
                                                International Trade Administration                                                                            potential for business in the markets,
                                                                                                        U.S. content by value. In the case of a
                                                Upcoming 2018 International Trade                       trade association or organization, the                including likelihood of exports resulting
                                                Administration Aerospace Industry                       applicant must certify that, for each firm            from the mission; and
                                                                                                        or service provider to be represented by                 • Consistency of the applicant’s (or in
                                                Trade Mission to Singapore
                                                                                                        the association/organization, the                     the case of a trade association/
                                                AGENCY: International Trade                             products and/or services the                          organization, represented firm or service
                                                Administration, Department of                           represented firm or service provider                  provider’s) goals and objectives with the
                                                Commerce.                                               seeks to export are either produced in                stated scope of the mission.
                                                ACTION: Notice.                                         the United States or, if not, marketed                   Referrals from a political party or
                                                                                                        under the name of a U.S. firm and have                partisan political group or any
                                                SUMMARY:   The United States Department                 at least 51% U.S. content.                            information, including on the
                                                of Commerce, International Trade                           A trade association/organization                   application, containing references to
                                                Administration (ITA) is announcing an                   applicant must certify to the above for               political contributions or other partisan
                                                additional upcoming trade mission that                  all of the companies it seeks to represent            political activities will be excluded from
                                                will be recruited, organized, and                       on the mission.                                       the application and will not be
                                                implemented by ITA. The mission is:                        In addition, each applicant must:                  considered during the selection process.
                                                   • Aerospace Executive Service Trade                     • Certify that the products and                    The sender will be notified of these
                                                Mission to the Singapore Airshow—                       services that it wishes to market through             exclusions.
                                                February 5–9, 2018.                                     the mission would be in compliance                    Trade Mission Participation Fees
                                                   A summary of the mission is found                    with U.S. export controls and
                                                below. Application information and                      regulations;                                            If and when an applicant is selected
                                                more detailed mission information,                         • Certify that it has identified any               to participate on a particular mission, a
                                                including the commercial setting and                    matter pending before any bureau or                   payment to the Department of
                                                sector information, can be found at the                 office in the Department of Commerce;                 Commerce in the amount of the
                                                trade mission Web site: http://                            • Certify that it has identified any               designated participation fee below is
                                                export.gov/trademissions.                               pending litigation (including any                     required. Upon notification of
                                                   For each mission, recruitment will be                administrative proceedings) to which it               acceptance to participate, those selected
                                                conducted in an open and public                         is a party that involves the Department               have 5 business days to submit payment
                                                manner, including publication in the                    of Commerce; and                                      or the acceptance may be revoked.
                                                Federal Register, posting on the                           • Sign and submit an agreement that                  Participants selected for a trade
                                                Commerce Department trade mission                       it and its affiliates (1) have not and will           mission will be expected to pay for the
                                                calendar (http://export.gov/                            not engage in the bribery of foreign                  cost of personal expenses, including,
                                                trademissions) and other Internet Web                   officials in connection with a                        but not limited to, international travel,
                                                sites, press releases to general and trade              company’s/participant’s involvement in                lodging, meals, transportation,
                                                media, direct mail, broadcast fax,                      this mission, and (2) maintain and                    communication, and incidentals, unless
                                                notices by industry trade associations                  enforce a policy that prohibits the                   otherwise noted. Participants will,
                                                and other multiplier groups, and                        bribery of foreign officials.                         however, be able to take advantage of
                                                publicity at industry meetings,                            In the case of a trade association/                U.S. Government rates for hotel rooms.
                                                symposia, conferences, and trade shows.                 organization, the applicant must certify              In the event that a mission is cancelled,
                                                                                                        that each firm or service provider to be              no personal expenses paid in
                                                The Following Conditions for                            represented by the association/                       anticipation of a mission will be
                                                Participation Will Be Used for Each                     organization can make the above                       reimbursed. However, participation fees
                                                Mission                                                 certifications.                                       for a cancelled mission will be
                                                                                                                                                              reimbursed to the extent they have not
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                                                  Applicants must submit a completed                    The Following Selection Criteria Will
                                                and signed mission application and                                                                            already been expended in anticipation
                                                                                                        Be Used for Each Mission                              of the mission.
                                                supplemental application materials,
                                                including adequate information on their                    Targeted mission participants are U.S.               If a visa is required to travel on a
                                                products and/or services, primary                       firms, services providers and trade                   particular mission, applying for and
                                                                                                        associations/organizations providing or               obtaining such visas will be the
                                                Rescission of Antidumping Duty Administrative           promoting U.S. products and services                  responsibility of the mission
                                                Review; 2014–2015, 82 FR 25766 (June 5, 2017).          that have an interest in entering or                  participant. Government fees and


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Document Created: 2017-09-16 00:52:13
Document Modified: 2017-09-16 00:52:13
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 4, 2017.
ContactAleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement and Compliance--International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 3147.
FR Citation82 FR 43522 

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