82_FR_51428 82 FR 51216 - Citric Acid and Certain Citrate Salts From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination

82 FR 51216 - Citric Acid and Certain Citrate Salts From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range51216-51217
FR Document2017-23973

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of citric acid and certain citrate salts from Thailand. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017) 
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51216-51217]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23973]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-834]


Citric Acid and Certain Citrate Salts From Thailand: Preliminary 
Negative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of citric acid and certain citrate salts from 
Thailand. The period of investigation is January 1, 2016, through 
December 31, 2016.

DATES: Applicable November 3, 2017.

FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202-482-1009 or 202-482-8362, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on June 30, 
2017.\1\ On August 15, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 30, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as an Appendix to this notice. 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 is available 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 accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Citric Acid and Certain Citrate Salts from Thailand: 
Initiation of Countervailing Duty Investigation, 82 FR 29836 (June 
30, 2017) (Initiation Notice) and accompanying Initiation Checklist.
    \2\ See Notice of Postponement of Preliminary Determination in 
the Countervailing Duty Investigation, 82 FR 38670 (August 15, 2017) 
(Preliminary Postponement Notice).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Negative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination of Citric 
Acid and Certain Citrate Salts from Thailand,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The merchandise covered by this investigation includes all grades 
and granulation sizes of citric acid, sodium citrate, and potassium 
citrate in their unblended forms, whether dry or in solution, and 
regardless of packaging type. The scope also includes blends of citric 
acid, sodium citrate, and potassium citrate; as well as blends with 
other ingredients, such as sugar, where the unblended form(s) of citric 
acid, sodium citrate, and potassium citrate constitute 40 percent or 
more, by weight, of the blend.
    The scope also includes all forms of crude calcium citrate, 
including dicalcium citrate monohydrate, and tricalcium citrate 
tetrahydrate, which are intermediate products in the production of 
citric acid, sodium citrate, and potassium citrate.
    The scope includes the hydrous and anhydrous forms of citric acid, 
the dihydrate and anhydrous forms of sodium citrate, otherwise known as 
citric acid sodium salt, and the monohydrate and monopotassium forms of 
potassium citrate. Sodium citrate also includes both trisodium citrate 
and monosodium citrate which are also known as citric acid trisodium 
salt and citric acid monosodium salt, respectively.
    The scope does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia and has been 
mixed with a functional excipient, such as dextrose or starch, where 
the excipient constitutes at least 2 percent, by weight, of the 
product.
    Citric acid and sodium citrate are classifiable under 2918.14.0000 
and 2918.15.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS), respectively. Potassium citrate and crude calcium citrate are 
classifiable under 2918.15.5000 and, if included in a mixture or blend, 
3824.99.9295 of the HTSUS. Blends that include citric acid, sodium 
citrate, and potassium citrate are classifiable under 3824.99.9295 of 
the HTSUS. Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period for parties to raise issues 
regarding product coverage (i.e., scope).\5\ Certain interested parties 
commented on the scope of this investigation as it appeared in the 
Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 82 FR at 29836.
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    The Department intends to issue its preliminary decision regarding

[[Page 51217]]

comments concerning the scope of the antidumping duty (AD) and 
countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigations.

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Negative Determination of Critical Circumstances

    The Department preliminary determines that critical circumstances 
do not exist. For a full description of the methodology and results of 
the Department's analysis, see the Preliminary Decision Memorandum.

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department 
is aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of citric acid 
and certain citrate salts based on a request made by the 
petitioners.\7\ Consequently, the final CVD determination will be 
issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than March 14, 2018, unless 
postponed.
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    \7\ The petitioners in this investigation are Archer Daniels 
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients 
Americas LLC (collectively, the petitioners). See Letter from the 
petitioners, ``Countervailing Duty Investigation of Citric Acid and 
Certain Citrate Salts from Thailand: Request for Alignment,'' dated 
October 11, 2017.
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Preliminary Determination

    For this preliminary determination, the Department calculated de 
minimis estimated countervailable subsidies for all individually 
examined producers/exporters of the subject merchandise. Consistent 
with section 703(b)(4)(A) of the Act, the Department has disregarded 
the de minimis rates. The Department preliminarily determines that the 
following estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                              2016 Ad
                         Company                           Valorem rate
                                                          (% de minimis)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..........            0.18
Niran (Thailand) Co., Ltd. (Niran)......................            0.11
Sunshine Biotech International Co., Ltd. (Sunshine).....            0.21
------------------------------------------------------------------------

    Consistent with section 703(d) of the Act, the Department has not 
calculated an estimated weighted-average subsidy rate for all other 
producers/exporters because it has not made an affirmative preliminary 
determination.

Suspension of Liquidation

    Because the Department preliminarily determines that no 
countervailable subsidies are being provided to the production or 
exportation of subject merchandise, the Department will not direct U.S. 
Customs and Border Protection to suspend liquidation of any such 
entries.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. If the final 
determination is affirmative, the ITC will make its final determination 
within 75 days after the Department's final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

     Dated: October 30, 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 Comments
IV. Scope of the Investigation
V. Preliminary Negative Determination of Critical Circumstances
VI. New Subsidy Allegation
VII. Alignment
VIII. Injury Test
IX. Subsidies Valuation
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Recommendation

[FR Doc. 2017-23973 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-DS-P

51216 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices inches to 1.375 inches. The size of the wire DATES: Applicable November 3, 2017. citrate, and potassium citrate in their used in the production of carton-closing FOR FURTHER INFORMATION CONTACT: John unblended forms, whether dry or in staples varies from 0.029 to 0.064 inch solution, and regardless of packaging Conniff or Jolanta Lawska, AD/CVD (nominal thickness) by 0.064 to 0.100 inch type. The scope also includes blends of (nominal width). Operations, Office III, Enforcement and Carton-closing staples subject to this Compliance, International Trade citric acid, sodium citrate, and investigation are currently classifiable under Administration, U.S. Department of potassium citrate; as well as blends with subheadings 8305.20.00.00 and Commerce, 1401 Constitution Avenue other ingredients, such as sugar, where 7317.00.65.60 of the Harmonized Tariff NW., Washington, DC 20230; telephone the unblended form(s) of citric acid, Schedule of the United States (‘‘HTSUS’’). 202–482–1009 or 202–482–8362, sodium citrate, and potassium citrate While the HTSUS subheadings and ASTM respectively. constitute 40 percent or more, by specification are provided for convenience weight, of the blend. and for customs purposes, the written SUPPLEMENTARY INFORMATION: The scope also includes all forms of description of the subject merchandise is Background crude calcium citrate, including dispositive. This preliminary determination is dicalcium citrate monohydrate, and Appendix II made in accordance with section 703(b) tricalcium citrate tetrahydrate, which of the Tariff Act of 1930, as amended are intermediate products in the List of Topics Discussed in the Preliminary Decision Memorandum (the Act). The Department published the production of citric acid, sodium citrate, notice of initiation of this investigation and potassium citrate. I. Summary The scope includes the hydrous and II. Background on June 30, 2017.1 On August 15, 2017, III. Period of Investigation the Department postponed the anhydrous forms of citric acid, the IV. Scope Comments preliminary determination of this dihydrate and anhydrous forms of V. Scope of the Investigation investigation and the revised deadline is sodium citrate, otherwise known as VI. Selection of Respondents now October 30, 2017.2 For a complete citric acid sodium salt, and the VII. Discussion of the Methodology description of the events that followed monohydrate and monopotassium forms A. Non-Market Economy Country the initiation of this investigation, see of potassium citrate. Sodium citrate also B. Surrogate Country and Surrogate Values the Preliminary Decision includes both trisodium citrate and Comments monosodium citrate which are also Memorandum.3 A list of topics C. Separate Rates known as citric acid trisodium salt and D. Combination Rates discussed in the Preliminary Decision E. Affiliation and Single Entity Memorandum is included as an citric acid monosodium salt, F. The PRC-Wide Entity Appendix to this notice. The respectively. G. Application of Facts Available and Preliminary Decision Memorandum is a The scope does not include calcium Adverse Inferences public document and is on file citrate that satisfies the standards set H. Date of Sale electronically via Enforcement and forth in the United States Pharmacopeia I. Fair Value Comparisons Compliance’s Antidumping and and has been mixed with a functional J. Export Price Countervailing Duty Centralized excipient, such as dextrose or starch, K. Value-Added Tax (VAT) Electronic Service System (ACCESS). where the excipient constitutes at least L. Normal Value 2 percent, by weight, of the product. ACCESS is available to registered users M. Factor Valuation Methodology Citric acid and sodium citrate are VIII. Currency Conversion at https://access.trade.gov, and is IX. Verification available to all parties in the Central classifiable under 2918.14.0000 and X. Conclusion Records Unit, room B8024 of the main 2918.15.1000 of the Harmonized Tariff Department of Commerce building. In Schedule of the United States (HTSUS), [FR Doc. 2017–23974 Filed 11–2–17; 8:45 am] addition, a complete version of the respectively. Potassium citrate and BILLING CODE 3510–DS–P Preliminary Decision Memorandum can crude calcium citrate are classifiable be accessed directly at http:// under 2918.15.5000 and, if included in enforcement.trade.gov/frn/. The signed a mixture or blend, 3824.99.9295 of the DEPARTMENT OF COMMERCE and electronic versions of the HTSUS. Blends that include citric acid, International Trade Administration Preliminary Decision Memorandum are sodium citrate, and potassium citrate identical in content. are classifiable under 3824.99.9295 of [C–549–834] the HTSUS. Although the HTSUS Scope of the Investigation subheadings are provided for Citric Acid and Certain Citrate Salts The merchandise covered by this convenience and customs purposes, the From Thailand: Preliminary Negative investigation includes all grades and written description of the merchandise Countervailing Duty Determination, granulation sizes of citric acid, sodium is dispositive. Preliminary Negative Critical Circumstances Determination and 1 See Citric Acid and Certain Citrate Salts from Scope Comments Alignment of Final Determination With Thailand: Initiation of Countervailing Duty In accordance with the preamble to Final Antidumping Duty Determination Investigation, 82 FR 29836 (June 30, 2017) (Initiation Notice) and accompanying Initiation the Department’s regulations,4 the AGENCY: Enforcement and Compliance, Checklist. Initiation Notice set aside a period for International Trade Administration, 2 See Notice of Postponement of Preliminary parties to raise issues regarding product Determination in the Countervailing Duty coverage (i.e., scope).5 Certain interested Department of Commerce. Investigation, 82 FR 38670 (August 15, 2017) (Preliminary Postponement Notice). parties commented on the scope of this SUMMARY: The Department of Commerce investigation as it appeared in the ethrower on DSK3G9T082PROD with NOTICES 3 See Memorandum, ‘‘Decision Memorandum for (the Department) preliminarily the Preliminary Negative Countervailing Duty Initiation Notice. determines that countervailable Determination, Preliminary Negative Critical The Department intends to issue its subsidies are not being provided to Circumstances Determination and Alignment of preliminary decision regarding producers and exporters of citric acid Final Determination with Final Antidumping Duty Determination of Citric Acid and Certain Citrate and certain citrate salts from Thailand. Salts from Thailand,’’ dated concurrently with, and 4 See Antidumping Duties; Countervailing Duties, The period of investigation is January 1, hereby adopted by, this notice (Preliminary 62 FR 27296, 27323 (May 19, 1997) (Preamble). 2016, through December 31, 2016. Decision Memorandum). 5 See Initiation Notice, 82 FR at 29836. VerDate Sep<11>2014 16:18 Nov 02, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1

Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51217 comments concerning the scope of the 2016 case and rebuttal briefs, must submit a antidumping duty (AD) and Company Ad Valorem written request to the Assistant countervailing duty (CVD) rate Secretary for Enforcement and (% de minimis) investigations in the preliminary Compliance, U.S. Department of determination of the companion AD COFCO Biochemical (Thai- Commerce within 30 days after the date investigations. land) Co., Ltd. (COFCO) ... 0.18 of publication of this notice. Requests Niran (Thailand) Co., Ltd. should contain the party’s name, Methodology (Niran) ............................... 0.11 address, and telephone number, the Sunshine Biotech Inter- The Department is conducting this national Co., Ltd. (Sun- number of participants, whether any investigation in accordance with section shine) ................................ 0.21 participant is a foreign national, and a 701 of the Act. For each of the subsidy list of the issues to be discussed. If a programs found countervailable, the Consistent with section 703(d) of the request for a hearing is made, the Department preliminarily determines Act, the Department has not calculated Department intends to hold the hearing that there is a subsidy, i.e., a financial an estimated weighted-average subsidy at the U.S. Department of Commerce, contribution by an ‘‘authority’’ that rate for all other producers/exporters 1401 Constitution Avenue NW., gives rise to a benefit to the recipient, because it has not made an affirmative Washington, DC 20230, at a time and and that the subsidy is specific.6 preliminary determination. date to be determined. Parties should Preliminary Negative Determination of Suspension of Liquidation confirm by telephone the date, time, and Critical Circumstances location of the hearing two days before Because the Department preliminarily the scheduled date. The Department preliminary determines that no countervailable determines that critical circumstances subsidies are being provided to the International Trade Commission do not exist. For a full description of the production or exportation of subject Notification methodology and results of the merchandise, the Department will not direct U.S. Customs and Border In accordance with section 703(f) of Department’s analysis, see the Preliminary Decision Memorandum. Protection to suspend liquidation of any the Act, we will notify the International such entries. Trade Commission (ITC) of our Alignment determination. If the final determination Disclosure is affirmative, the ITC will make its final As noted in the Preliminary Decision The Department intends to disclose determination within 75 days after the Memorandum, in accordance with its calculations and analysis performed Department’s final determination. section 705(a)(1) of the Act and 19 CFR to interested parties in this preliminary 351.210(b)(4), the Department is determination within five days of its Notification to Interested Parties aligning the final CVD determination in public announcement, or if there is no this investigation with the final public announcement, within five days This determination is issued and determination in the companion AD of the date of this notice in accordance published pursuant to sections 703(f) investigation of citric acid and certain with 19 CFR 351.224(b). and 777(i) of the Act and 19 CFR citrate salts based on a request made by 351.205(c). the petitioners.7 Consequently, the final Verification Dated: October 30, 2017. CVD determination will be issued on As provided in section 782(i)(1) of the Gary Taverman, the same date as the final AD Act, the Department intends to verify determination, which is currently the information relied upon in making Deputy Assistant Secretary for Antidumping scheduled to be issued no later than its final determination. and Countervailing Duty Operations performing the non-exclusive functions and March 14, 2018, unless postponed. Public Comment duties of the Assistant Secretary for Preliminary Determination Case briefs or other written comments Enforcement and Compliance. For this preliminary determination, may be submitted to the Assistant Appendix the Department calculated de minimis Secretary for Enforcement and Compliance no later than seven days List of Topics Discussed in the Preliminary estimated countervailable subsidies for Decision Memorandum all individually examined producers/ after the date on which the last verification report is issued in this I. Summary exporters of the subject merchandise. investigation. Rebuttal briefs, limited to II. Background Consistent with section 703(b)(4)(A) of issues raised in case briefs, may be III. Scope Comments the Act, the Department has disregarded IV. Scope of the Investigation submitted no later than five days after the de minimis rates. The Department V. Preliminary Negative Determination of the deadline date for case briefs.8 preliminarily determines that the Critical Circumstances Pursuant to 19 CFR 351.309(c)(2) and following estimated countervailable VI. New Subsidy Allegation (d)(2), parties who submit case briefs or subsidy rates exist: VII. Alignment rebuttal briefs in this investigation are encouraged to submit with each VIII. Injury Test 6 See sections 771(5)(B) and (D) of the Act argument: (1) A statement of the issue; IX. Subsidies Valuation regarding financial contribution; section 771(5)(E) (2) a brief summary of the argument; X. Analysis of Programs ethrower on DSK3G9T082PROD with NOTICES of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. and (3) a table of authorities. XI. ITC Notification 7 The petitioners in this investigation are Archer Pursuant to 19 CFR 351.310(c), XII. Disclosure and Public Comment Daniels Midland Company, Cargill, Incorporated, interested parties who wish to request a XIII. Verification and Tate & Lyle Ingredients Americas LLC XIV. Recommendation (collectively, the petitioners). See Letter from the hearing, limited to issues raised in the petitioners, ‘‘Countervailing Duty Investigation of [FR Doc. 2017–23973 Filed 11–2–17; 8:45 am] Citric Acid and Certain Citrate Salts from Thailand: 8 See 19 CFR 351.309; see also 19 CFR 351.303 BILLING CODE 3510–DS–P Request for Alignment,’’ dated October 11, 2017. (for general filing requirements). VerDate Sep<11>2014 17:09 Nov 02, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1


Document Created: 2018-10-25 10:21:58
Document Modified: 2018-10-25 10:21:58
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 November 3, 2017.
ContactJohn Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-1009 or 202-482-8362, respectively.
FR Citation82 FR 51216 
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