82 FR 48483 - Stainless Steel Bar From India: Preliminary Results of Changed Circumstances Review and Intent To Reinstate Certain Companies in the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 200 (October 18, 2017)
International Trade Administration
Federal Register Volume 82, Issue 200 (October 18, 2017)
| Page Range | 48483-48485 | |
| FR Document | 2017-22601 |
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)] [Notices] [Pages 48483-48485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22601] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-810] Stainless Steel Bar From India: Preliminary Results of Changed Circumstances Review and Intent To Reinstate Certain Companies in the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a changed circumstances review of the antidumping duty order on stainless steel bar (SS Bar) from India to determine whether Venus Wire Industries Pvt. Ltd. and its affiliates Precision Metals, Sieves Manufacturers (India) Pvt. Ltd., and Hindustan Inox Ltd. (collectively, Venus Group), or Viraj Profiles Ltd. (Viraj) have resumed dumping SS Bar and whether the antidumping order should be reinstated for SS Bar from India produced and/or exported by the Venus Group and produced and/or exported by Viraj. The period of review is July 1, 2015, through June 31, 2016. We preliminarily determine that the Venus Group and Viraj (collectively, the respondents) have sold SS Bar at less than normal value (NV) and that SS Bar produced and/or exported by the respondents should be reinstated in the antidumping order on SS Bar from India. We will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of SS Bar produced and/or exported by the respondents and entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Interested parties are invited to comment on these preliminary results. DATES: Applicable October 18, 2017. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0410. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise covered by the order is SS bar. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00. The HTSUS subheadings are provided for convenience and [[Page 48484]] customs purposes only; the written description of the scope of the order is dispositive.\1\ --------------------------------------------------------------------------- \1\ For a complete description of the scope of the order, see Memorandum titled, ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review of Stainless Steel Bar from India,'' (Preliminary Decision Memorandum), dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Basis for Reinstatement In requesting revocation, pursuant to 19 CFR 351.222(b)(2)(i)(B), the respondents agreed to immediate reinstatement of the order, so long as any exporter or producer is subject to the order, if the Secretary concludes that subsequent to the revocation, certain respondents sold SS Bar at less than NV.\2\ Under 19 CFR 351.222(b)(2)(i)(B) as long as any exporter or producer is subject to an antidumping duty order which remains in force, an entity previously granted a revocation may be reinstated under that order if it is established that the entity has resumed the dumping of subject merchandise. --------------------------------------------------------------------------- \2\ See Stainless Steel Bar from India; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination To Revoke in Part, 69 FR 55409, 55411 (September 14, 2004) (Viraj Revocation) and Stainless Steel Bar from India: Final Results of the Antidumping Duty Administrative Review, and Revocation of the Order, in Part, 76 FR 56401, 56403 (September 13, 2011) (Venus Revocation). --------------------------------------------------------------------------- In this case, because other exporters in India remain subject to the SS Bar order, the order remains in effect, and the respondents may be reinstated in the order. The Department conditionally revoked the order with respect to respondents based in part upon their agreement to immediate reinstatement in the antidumping duty order if the Department were to find that the companies resumed dumping of SS Bar from India.\3\ --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- As discussed in the Preliminary Decision Memorandum, we have examined the respondents' responses and have preliminarily found that the respondents' dumping margin for the review period is greater than de minimis, on the basis of adverse facts available. Accordingly, we preliminarily intend to reinstate the respondents in the antidumping duty order on SS Bar from India. Methodology The Department is conducting this changed circumstances review in accordance with section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(d). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margin exists for the period June 1, 2015, through May 31, 2016: --------------------------------------------------------------------------- \4\ Viraj Alloys, Ltd., Viraj Forgings, Ltd., and Viraj Impoexpo, Ltd., are collectively now known as Viraj Profiles Limited. In July 2006, Viraj Forgings Ltd. merged with Viraj Alloys Ltd.; in April 2007, Viraj Alloys and Viraj Impoexpo Ltd. merged into Viraj Profiles Ltd. ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Venus Wire Industries Pvt. Ltd. and its affiliates Precision 30.92 Metals, Sieves Manufacturers (India) Pvt. Ltd., and Hindustan Inox Ltd......................................... Viraj Profiles Ltd \4\...................................... 30.92 ------------------------------------------------------------------------ Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with the preliminary results of changed circumstances review within five days after public announcement of the preliminary results of changed circumstances review in accordance with 19 CFR 351.224(b). Because the Department preliminarily applied AFA to each of the respondents in this changed circumstances review, in accordance with section 776 of the Act, there are no calculations to disclose. As explained in the Preliminary Decision Memorandum, we intend to send a final supplemental questionnaire to the Venus Group after these preliminary results of review. We will disclose the schedule for submitting briefs and requesting a hearing to all interested parties at a later date. Reinstatement and Suspension of Liquidation Because we have preliminarily established that SS Bar from India produced and/or exported by the respondents is being sold at less than NV, the respondents are hereby preliminarily reinstated in the antidumping duty order. We will instruct CBP to suspend liquidation of all entries of subject merchandise produced and/or exported by the respondents, entered or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Furthermore, a cash deposit requirement of 30.92 percent will be in effect for all shipments of the subject merchandise produced and/or exported by either the Venus Group or Viraj, entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice. This requirement shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.We are issuing and publishing these preliminary results of review in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b) of the Department's regulations. Dated: October 12, 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Collapsing V. Use of Facts Otherwise Available and Adverse Inferences a. The Venus Group b. Viraj [[Page 48485]] VI. Conclusion [FR Doc. 2017-22601 Filed 10-17-17; 8:45 am] BILLING CODE 3510-DS-P
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351.214(b)(2)(iv), Anhui Luan and days after the date the preliminary DEPARTMENT OF COMMERCE
Kunshan Xinrui each submitted results are issued.13
respective documentation establishing It is the Department’s usual practice, International Trade Administration
the following: (1) The date on which it in cases involving non-market economy [A–533–810]
first shipped subject merchandise for countries, to require that a company
export to the United States; (2) the seeking to establish eligibility for an Stainless Steel Bar From India:
volume of its first shipment and antidumping duty rate separate from the Preliminary Results of Changed
subsequent shipments; and (3) the date country-wide rate provide evidence of Circumstances Review and Intent To
of its first sale to an unaffiliated de jure and de facto absence of Reinstate Certain Companies in the
customer in the United States.9 government control over the company’s Antidumping Duty Order
Period of Review export activities. Accordingly, we will
issue questionnaires to Anhui Luan and AGENCY: Enforcement and Compliance,
Kunshan Xinrui which will include a International Trade Administration,
In accordance with 19 CFR
section requesting information Department of Commerce.
351.214(g)(1)(i)(A), the period of review
(POR) for a NSR initiated in the month concerning each company’s eligibility SUMMARY: The Department of Commerce
immediately following the anniversary for a separate rate. We will rescind the (the Department) is conducting a
month will be the twelve-month period NSR of Anhui Luan or Kunshan Xinrui changed circumstances review of the
immediately preceding the anniversary if we determine that either company has antidumping duty order on stainless
month. Therefore, the POR for these not demonstrated that it is eligible for a steel bar (SS Bar) from India to
NSRs is September 1, 2016, through separate rate. determine whether Venus Wire
August 31, 2017. Because Anhui Luan certified that it Industries Pvt. Ltd. and its affiliates
produced and exported subject Precision Metals, Sieves Manufacturers
Initiation of New Shipper Reviews (India) Pvt. Ltd., and Hindustan Inox
merchandise, the sale of which is the
Pursuant to section 751(a)(2)(B) of the basis for its request for a NSR, we will Ltd. (collectively, Venus Group), or
Act and 19 CFR 351.214(b), we find that instruct CBP to continue to suspend Viraj Profiles Ltd. (Viraj) have resumed
the requests from Anhui Luan and liquidation of all entries of subject dumping SS Bar and whether the
Kunshan Xinrui meet the threshold merchandise produced and exported by antidumping order should be reinstated
requirements for initiation of (1) a NSR Anhui Luan. Similarly, because for SS Bar from India produced and/or
for shipments of freshwater crawfish tail Kunshan Xinrui certified that Leping exported by the Venus Group and
meat from the PRC produced and Yongle produced subject merchandise produced and/or exported by Viraj. The
exported during the POR by Anhui that Kunshan Xinrui exported, the sale period of review is July 1, 2015, through
Luan,10 and (2) a NSR for shipments of of which is the basis for its request for June 31, 2016.
a NSR, we will instruct CBP to continue We preliminarily determine that the
freshwater crawfish tail meat from the
to suspend liquidation of all entries of Venus Group and Viraj (collectively, the
PRC produced by Leping Yongle and
subject merchandise produced by respondents) have sold SS Bar at less
exported during the POR by Kunshan
Leping Yongle and exported by than normal value (NV) and that SS Bar
Xinrui.11
Kunshan Xinrui. produced and/or exported by the
The Trade Facilitation and Trade respondents should be reinstated in the
Enforcement Act of 2015 12 amended To assist in its analysis of the bona
antidumping order on SS Bar from
section 751(a)(2)(B) of the Act, fide nature of Anhui Luan’s and
India. We will instruct U.S. Customs
including provisions which apply to Kunshan Xinrui’s respective sales, upon
and Border Protection (CBP) to suspend
these NSRs. Specifically, the TFTEA initiation of these NSRs, the Department
liquidation of all entries of SS Bar
amended the Act so that, as of February will require Anhui Luan and Kunshan
produced and/or exported by the
24, 2016, the Department no longer Xinrui, respectively, to submit on an
respondents and entered, or withdrawn
instructs U.S. Customs and Border ongoing basis complete transaction
from warehouse, for consumption on or
Protection (CBP) to allow an importer information concerning any sales of
after the date of publication of this
the option of posting a bond or security subject merchandise to the United
notice in the Federal Register.
in lieu of a cash deposit during the States that were made subsequent to the
Interested parties are invited to
pendency of a NSR. POR.
comment on these preliminary results.
Unless extended, the Department Interested parties requiring access to
DATES: Applicable October 18, 2017.
intends to issue the preliminary results proprietary information in the NSRs
should submit applications for FOR FURTHER INFORMATION CONTACT:
of these NSRs no later than 180 days Thomas Schauer, AD/CVD Operations,
from the date of initiation and final disclosure under administrative
protective order, in accordance with 19 Office I, Enforcement and Compliance,
results of the reviews no later than 90 International Trade Administration,
CFR 351.305 and 351.306.
This initiation and notice are U.S. Department of Commerce, 1401
9 See Anhui Luan’s NSR Request at Attachment
published in accordance with section Constitution Avenue NW., Washington,
2; Kunshan Xinrui’s NSR Request at Exhibit 2.
10 See the Memorandum, ‘‘Freshwater Crawfish 751(a)(2)(B) of the Act and 19 CFR DC 20230; telephone (202) 482–0410.
Tail Meat from the People’s Republic of China: 351.214 and 351.221(c)(1)(i). SUPPLEMENTARY INFORMATION:
Initiation Checklist for Antidumping Duty New
Shipper Review of Anhui Luan Hongyuan Dated: October 12, 2017. Scope of the Order
Foodstuffs Co., Ltd.,’’ dated concurrently with this James Maeder, The merchandise covered by the order
ethrower on DSK3G9T082PROD with NOTICES
notice.
11 See the Memorandum, ‘‘Freshwater Crawfish Senior Director performing the duties of is SS bar. The subject merchandise is
Tail Meat from the People’s Republic of China: Deputy Assistant Secretary for Antidumping currently classifiable under Harmonized
Initiation Checklist for Antidumping Duty New and Countervailing Duty Operations. Tariff Schedule of the United States
Shipper Review of Kunshan Xinrui Trading Co., [FR Doc. 2017–22600 Filed 10–17–17; 8:45 am] (HTSUS) subheadings: 7222.10.00,
Ltd.,’’ dated concurrently with this notice.
12 The Trade Facilitation and Trade Enforcement
BILLING CODE 3510–DS–P 7222.11.00, 7222.19.00, 7222.20.00,
Act of 2015, H.R. 644, Public Law 114–125 7222.30.00. The HTSUS subheadings
(February 24, 2016) (TFTEA). 13 See section 751(a)(2)(B)(iii) of the Act. are provided for convenience and
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![Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48485
VI. Conclusion DEPARTMENT OF COMMERCE ADDRESSES: Obtaining Documents: You
[FR Doc. 2017–22601 Filed 10–17–17; 8:45 am] may download the Final RP/EA and
BILLING CODE 3510–DS–P
National Oceanic and Atmospheric FONSI at http://www.gulfspill
Administration restoration.noaa.gov. Alternatively, you
RIN 0648–XE201 may request a CD of the Final RP/EA
DEPARTMENT OF COMMERCE and FONSI (see FOR FURTHER
Notice of Availability of the Deepwater INFORMATION CONTACT). In addition, you
International Trade Administration Horizon Oil Spill Texas Trustee may view the document at any of the
Implementation Group Final 2017 public facilities listed at http://www.gulf
[A–570–053] Restoration Plan and Finding of No spillrestoration.noaa.gov.
Significant Impact FOR FURTHER INFORMATION CONTACT:
Certain Aluminum Foil From the AGENCY: National Marine Fisheries • National Oceanic and Atmospheric
People’s Republic of China: Deferral of Service (NMFS), National Oceanic and Administration—Jamie Schubert,
Preliminary Determination of the Less- Atmospheric Administration (NOAA), Jamie.Schubert@noaa.gov, 409–621–
Than-Fair-Value Investigation— Department of Commerce. 1248;
Correction Notice • Texas Parks and Wildlife
ACTION: Notice of availability.
Department—Don Pitts, Don.Pitts@
AGENCY: Enforcement and Compliance, SUMMARY: In accordance with the Oil tpwd.texas.gov, 512–389–8754.
International Trade Administration, Pollution Act of 1990 (OPA), the SUPPLEMENTARY INFORMATION:
Department of Commerce. National Environmental Policy Act
(NEPA), and a Consent Decree with BP Introduction
DATES: Applicable October 18, 2017. Exploration & Production Inc. (BP), On April 20, 2010, the mobile
FOR FURTHER INFORMATION CONTACT: Erin entered in: Oil Spill by the Oil Rig offshore drilling unit Deepwater
Kearney at (202) 482–0167, AD/CVD ‘‘Deepwater Horizon’’ in the Gulf of Horizon, which was being used to drill
Operations, Enforcement and Mexico, on April 20, 2010, MDL No. a well for BP in the Macondo prospect
Compliance, International Trade 2179 in the United States District Court (Mississippi Canyon 252–MC252),
Administration, Department of for the Eastern District of Louisiana, the exploded, caught fire, and subsequently
Commerce, 1401 Constitution Avenue Deepwater Horizon Federal and State sank in the Gulf of Mexico, resulting in
NW., Washington, DC 20230. natural resource trustee agencies for the an unprecedented volume of oil and
Texas Trustee Implementation Group other discharges from the rig and from
SUPPLEMENTARY INFORMATION: (Texas TIG) have prepared the Final the wellhead on the seabed. The
2017 Restoration Plan and Deepwater Horizon oil spill is the
Background
Environmental Assessment: Restoration largest maritime oil spill in United
On October 12, 2017, the Department of Wetlands, Coastal, and Nearshore States history, discharging millions of
of Commerce (the Department) Habitats; and Oysters (Final RP/EA). barrels of oil over a period of 87 days.
published a notice of the deferral of the The Final RP/EA describes and, in In addition, well over one million
preliminary determination in the less- conjunction with the associated Finding gallons of dispersants were applied to
than-fair-value investigation of of No Significant Impact (FONSI), the waters of the spill area in an attempt
selects 13 preferred alternatives to disperse the spilled oil. An
aluminum foil from the People’s
considered by the Texas TIG to restore undetermined amount of natural gas
Republic of China (PRC).1 In the
natural resources and ecological also was released to the environment as
Deferral Notice, the Department
services injured or lost as a result of the a result of the spill.
inadvertently published an incorrect Deepwater Horizon oil spill. The Texas The Deepwater Horizon Federal and
date of the deferred preliminary TIG evaluated alternatives under criteria State natural resource trustees (DWH
determination.2 set forth in the OPA natural resource Trustees) conducted the natural
Correction damage assessment regulations, and resource damage assessment (NRDA) for
evaluated the environmental the Deepwater Horizon oil spill under
The Department expects to issue the consequences of the restoration the Oil Pollution Act of 1990 (OPA; 33
preliminary determination no later than alternatives in accordance with NEPA. U.S.C. 2701 et seq.). Pursuant to OPA,
November 30, 2017. The selected projects are consistent with Federal and State agencies act as
Dated: October 12, 2017.
the restoration alternatives selected in trustees on behalf of the public to assess
the Deepwater Horizon Oil Spill: Final natural resource injuries and losses and
Gary Taverman,
Programmatic Damage Assessment and to determine the actions required to
Deputy Assistant Secretary for Antidumping Restoration Plan/Programmatic compensate the public for those injuries
and Countervailing Duty Operations, Environmental Impact Statement and losses. OPA further instructs the
performing the non-exclusive functions and (PDARP/PEIS). The Federal Trustees of designated trustees to develop and
duties of the Assistant Secretary for
the Texas TIG have determined that implement a plan for the restoration,
Enforcement and Compliance.
implementation of the Final RP/EA is rehabilitation, replacement, or
[FR Doc. 2017–22599 Filed 10–17–17; 8:45 am]
not a major Federal Action significantly acquisition of the equivalent of the
BILLING CODE 3510–DS–P affecting the quality of the human injured natural resources under their
environment within the context of trusteeship, including the loss of use
ethrower on DSK3G9T082PROD with NOTICES
NEPA. They have concluded a FONSI is and services from those resources from
1 See Certain Aluminum Foil from the People’s
appropriate, and, therefore, an the time of injury until the time of
Republic of China: Deferral of Preliminary
Environmental Impact Statement will restoration to baseline (the resource
Determination of the Less-Than-Fair-Value not be prepared. The purpose of this quality and conditions that would exist
Investigation, 82 FR 47481 (October 12, 2017) notice is to inform the public of the if the spill had not occurred) is
(Deferral Notice). approval and availability of the Final complete.
2 Id. RP/EA and FONSI. The DWH Trustees are:
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Document Created: 2017-10-18 01:37:25
Document Modified: 2017-10-18 01:37:25
| 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 October 18, 2017. | |
| Contact | Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0410. | |
| FR Citation | 82 FR 48483 |
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