83_FR_19134 83 FR 19050 - Sodium Gluconate, Gluconic Acid, and Derivative Products From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

83 FR 19050 - Sodium Gluconate, Gluconic Acid, and Derivative Products From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range19050-19051
FR Document2018-08899

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018)
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19050-19051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08899]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-071]


Sodium Gluconate, Gluconic Acid, and Derivative Products From the 
People's Republic of China: Postponement of Preliminary Determination 
in the Less-Than-Fair-Value Investigation

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

DATES: Applicable May 1, 2018.

FOR FURTHER INFORMATION CONTACT: Magd Zalok at (202) 482-4162; Stephen 
Bailey at (202) 482-0193, AD/CVD Operations, Office IV, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 2017, the Department of Commerce (Commerce) 
initiated a less-than-fair-value (LTFV) investigation of imports of 
sodium gluconate, gluconic acid, and derivative products from the 
People's Republic of China.\1\ Currently, the preliminary determination 
is due no later than May 14, 2018.
---------------------------------------------------------------------------

    \1\ See Sodium Gluconate, Gluconic Acid, and Derivative Products 
from France and the People's Republic of China: Initiation of Less-
Than-Fair-Value Investigations, 83 FR 516 (January 4, 2018) 
(Initiation Notice).
---------------------------------------------------------------------------

Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner \2\ makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, and determines that the investigation is extraordinarily 
complicated such that additional time is necessary to make a 
preliminary determination. Under 19 CFR 351.205(e), the petitioner must 
submit a request for postponement 25 days or more before the scheduled 
date of the preliminary determination and must state the reasons for 
the request. Commerce will grant the request unless it finds compelling 
reasons to deny the request.
---------------------------------------------------------------------------

    \2\ The petitioner is PMP Fermentation Products, Inc.
---------------------------------------------------------------------------

    On April 4, 2018, the petitioner submitted a timely request that 
Commerce postpone the preliminary determination in the LTFV 
investigation.\3\ The petitioner stated that it requests the 
postponement in order to provide Commerce with sufficient time to 
develop the record in this proceeding through additional questionnaires 
and gather information from the interested parties on the surrogate 
values used to value the mandatory respondents' factors of 
production.\4\
---------------------------------------------------------------------------

    \3\ See Letter from the petitioner titled ``Antidumping Duty 
Investigation of Sodium Gluconate, Gluconic Acid, and Derivative 
Products from the People's Republic of China: Petitioner's Request 
for Postponement of the Preliminary Determination,'' dated April 4, 
2018.
    \4\ Id.
---------------------------------------------------------------------------

    For the reasons stated above and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determination by 50 days (i.e., 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination no later than July 2, 2018.\5\ In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of the preliminary determination, 
unless postponed at a later date.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by 3 days. If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. See Notice 
of Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, as Amended, 70 FR 24533 (May 10, 2005).

---------------------------------------------------------------------------

[[Page 19051]]

    This notice is issued and published pursuant to section 733(c)(2) 
---------------------------------------------------------------------------
of the Act and 19 CFR 351.205(f)(1).

    Dated: April 23, 2018.
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.
[FR Doc. 2018-08899 Filed 4-30-18; 8:45 am]
BILLING CODE 3510-DS-P



                                             19050                            Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices

                                             merchandise from NME countries where                    provisional-measures ‘‘gap’’ period of                preliminary determination until no later
                                             a review of the NME entity has not been                 the order, if such a gap period is                    than 190 days after the date on which
                                             initiated, but where an individual                      applicable to the period of review.                   Commerce initiated the investigation if:
                                             exporter for which a review was                           This notice is not required by statute              (A) The petitioner 2 makes a timely
                                             initiated does not qualify for a separate               but is published as a service to the                  request for a postponement; or (B)
                                             rate, Commerce will issue a final                       international trading community.                      Commerce concludes that the parties
                                             decision indicating that the company in                   Dated: April 24, 2018.                              concerned are cooperating, and
                                             question is part of the NME entity.                     James Maeder,                                         determines that the investigation is
                                             However, in that situation, because no                                                                        extraordinarily complicated such that
                                                                                                     Associate Deputy Assistant Secretary for
                                             review of the NME entity was                            Antidumping and Countervailing Duty                   additional time is necessary to make a
                                             conducted, the NME entity’s entries                     Operations performing the duties of Deputy            preliminary determination. Under 19
                                             were not subject to the review and the                  Assistant Secretary for Antidumping and               CFR 351.205(e), the petitioner must
                                             rate for the NME entity is not subject to               Countervailing Duty Operations.                       submit a request for postponement 25
                                             change as a result of that review                       [FR Doc. 2018–09152 Filed 4–30–18; 8:45 am]           days or more before the scheduled date
                                             (although the rate for the individual                   BILLING CODE 3510–DS–P                                of the preliminary determination and
                                             exporter may change as a function of the                                                                      must state the reasons for the request.
                                             finding that the exporter is part of the                                                                      Commerce will grant the request unless
                                             NME entity). Following initiation of an                 DEPARTMENT OF COMMERCE                                it finds compelling reasons to deny the
                                             antidumping administrative review                                                                             request.
                                             when there is no review requested of the                International Trade Administration
                                             NME entity, Commerce will instruct                                                                               On April 4, 2018, the petitioner
                                                                                                     [A–570–071]                                           submitted a timely request that
                                             CBP to liquidate entries for all exporters
                                             not named in the initiation notice,                     Sodium Gluconate, Gluconic Acid, and                  Commerce postpone the preliminary
                                             including those that were suspended at                  Derivative Products From the People’s                 determination in the LTFV
                                             the NME entity rate.                                    Republic of China: Postponement of                    investigation.3 The petitioner stated that
                                                All requests must be filed                           Preliminary Determination in the Less-                it requests the postponement in order to
                                             electronically in Enforcement and                       Than-Fair-Value Investigation                         provide Commerce with sufficient time
                                             Compliance’s Antidumping and                                                                                  to develop the record in this proceeding
                                             Countervailing Duty Centralized                         AGENCY:  Enforcement and Compliance,                  through additional questionnaires and
                                             Electronic Service System (ACCESS) on                   International Trade Administration,                   gather information from the interested
                                             Enforcement and Compliance’s ACCESS                     Department of Commerce.                               parties on the surrogate values used to
                                             website at http://access.trade.gov.5                    DATES: Applicable May 1, 2018.                        value the mandatory respondents’
                                             Further, in accordance with 19 CFR                      FOR FURTHER INFORMATION CONTACT:                      factors of production.4
                                             351.303(f)(l)(i), a copy of each request                Magd Zalok at (202) 482–4162; Stephen                    For the reasons stated above and
                                             must be served on the petitioner and                    Bailey at (202) 482–0193, AD/CVD                      because there are no compelling reasons
                                             each exporter or producer specified in                  Operations, Office IV, Enforcement and                to deny the request, Commerce, in
                                             the request.                                            Compliance, International Trade                       accordance with section 733(c)(1)(A) of
                                                Commerce will publish in the Federal                 Administration, U.S. Department of                    the Act, is postponing the deadline for
                                             Register a notice of ‘‘Initiation of                    Commerce, 1401 Constitution Avenue                    the preliminary determination by 50
                                             Administrative Review of Antidumping                    NW, Washington, DC 20230.                             days (i.e., 190 days after the date on
                                             or Countervailing Duty Order, Finding,                  SUPPLEMENTARY INFORMATION:                            which this investigation was initiated).
                                             or Suspended Investigation’’ for
                                                                                                     Background                                            As a result, Commerce will issue its
                                             requests received by the last day of May
                                             2018. If Commerce does not receive, by                                                                        preliminary determination no later than
                                                                                                       On December 20, 2017, the                           July 2, 2018.5 In accordance with
                                             the last day of May 2018, a request for                 Department of Commerce (Commerce)
                                             review of entries covered by an order,                                                                        section 735(a)(1) of the Act and 19 CFR
                                                                                                     initiated a less-than-fair-value (LTFV)               351.210(b)(1), the deadline for the final
                                             finding, or suspended investigation                     investigation of imports of sodium
                                             listed in this notice and for the period                                                                      determination of this investigation will
                                                                                                     gluconate, gluconic acid, and derivative              continue to be 75 days after the date of
                                             identified above, Commerce will                         products from the People’s Republic of
                                             instruct CBP to assess antidumping or                                                                         the preliminary determination, unless
                                                                                                     China.1 Currently, the preliminary                    postponed at a later date.
                                             countervailing duties on those entries at               determination is due no later than May
                                             a rate equal to the cash deposit of                     14, 2018.                                                2 The petitioner is PMP Fermentation Products,
                                             estimated antidumping or
                                                                                                     Postponement of Preliminary                           Inc.
                                             countervailing duties required on those                                                                          3 See Letter from the petitioner titled
                                             entries at the time of entry, or                        Determination
                                                                                                                                                           ‘‘Antidumping Duty Investigation of Sodium
                                             withdrawal from warehouse, for                            Section 733(b)(1)(A) of the Tariff Act              Gluconate, Gluconic Acid, and Derivative Products
                                             consumption and to continue to collect                  of 1930, as amended (the Act), requires               from the People’s Republic of China: Petitioner’s
                                             the cash deposit previously ordered.                                                                          Request for Postponement of the Preliminary
                                                                                                     Commerce to issue the preliminary                     Determination,’’ dated April 4, 2018.
                                                For the first administrative review of               determination in an LTFV investigation                   4 Id.
                                             any order, there will be no assessment                  within 140 days after the date on which                  5 See Memorandum, ‘‘Deadlines Affected by the
                                             of antidumping or countervailing duties                 Commerce initiated the investigation.                 Shutdown of the Federal Government,’’ dated
                                             on entries of subject merchandise                                                                             January 23, 2018. All deadlines in this segment of
amozie on DSK30RV082PROD with NOTICES




                                                                                                     However, section 733(c)(1) of the Act
                                             entered, or withdrawn from warehouse,                                                                         the proceeding have been extended by 3 days. If the
                                                                                                     permits Commerce to postpone the                      new deadline falls on a non-business day, in
                                             for consumption during the relevant                                                                           accordance with Commerce’s practice, the deadline
                                                                                                        1 See Sodium Gluconate, Gluconic Acid, and         will become the next business day. See Notice of
                                               5 SeeAntidumping and Countervailing Duty              Derivative Products from France and the People’s      Clarification: Application of ‘‘Next Business Day’’
                                             Proceedings: Electronic Filing Procedures;              Republic of China: Initiation of Less-Than-Fair-      Rule for Administrative Determination Deadlines
                                             Administrative Protective Order Procedures, 76 FR       Value Investigations, 83 FR 516 (January 4, 2018)     Pursuant to the Tariff Act of 1930, as Amended, 70
                                             39263 (July 6, 2011).                                   (Initiation Notice).                                  FR 24533 (May 10, 2005).



                                        VerDate Sep<11>2014   18:12 Apr 30, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\01MYN1.SGM   01MYN1


                                                                              Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices                                                    19051

                                               This notice is issued and published                     Department of Commerce (Commerce) is                   Background
                                             pursuant to section 733(c)(2) of the Act                  automatically initiating the five-year
                                                                                                                                                                Commerce’s procedures for the
                                             and 19 CFR 351.205(f)(1).                                 reviews (Sunset Review) of the
                                                                                                                                                              conduct of Sunset Reviews are set forth
                                               Dated: April 23, 2018.                                  antidumping and countervailing duty
                                                                                                                                                              in its Procedures for Conducting Five-
                                             Gary Taverman,
                                                                                                       (AD/CVD) order(s) listed below. The
                                                                                                                                                              Year (‘‘Sunset’’) Reviews of
                                                                                                       International Trade Commission (the
                                             Deputy Assistant Secretary for Antidumping                                                                       Antidumping and Countervailing Duty
                                             and Countervailing Duty Operations,
                                                                                                       Commission) is publishing concurrently
                                                                                                                                                              Orders, 63 FR 13516 (March 20, 1998)
                                             performing the non-exclusive functions and                with this notice its notice of Institution
                                                                                                                                                              and 70 FR 62061 (October 28, 2005).
                                             duties of the Assistant Secretary for                     of Five-Year Reviews which covers the
                                                                                                                                                              Guidance on methodological or
                                             Enforcement and Compliance.                               same order(s).
                                                                                                                                                              analytical issues relevant to Commerce’s
                                             [FR Doc. 2018–08899 Filed 4–30–18; 8:45 am]               DATES: Applicable May 1, 2018.                         conduct of Sunset Reviews is set forth
                                             BILLING CODE 3510–DS–P                                    FOR FURTHER INFORMATION CONTACT:                       in Antidumping Proceedings:
                                                                                                       Commerce official identified in the                    Calculation of the Weighted-Average
                                                                                                       Initiation of Review section below at                  Dumping Margin and Assessment Rate
                                             DEPARTMENT OF COMMERCE                                    AD/CVD Operations, Enforcement and                     in Certain Antidumping Duty
                                                                                                       Compliance, International Trade                        Proceedings; Final Modification, 77 FR
                                             International Trade Administration                        Administration, U.S. Department of                     8101 (February 14, 2012).
                                             Initiation of Five-Year (Sunset) Review                   Commerce, 1401 Constitution Avenue
                                                                                                       NW, Washington, DC 20230. For                          Initiation of Review
                                             AGENCY:  Enforcement and Compliance,                      information from the Commission,                         In accordance with section 751(c) of
                                             International Trade Administration,                       contact Mary Messer, Office of                         the Act and 19 CFR 351.218(c), we are
                                             Department of Commerce.                                   Investigations, U.S. International Trade               initiating the Sunset Review of the
                                             SUMMARY: In accordance with the Tariff                    Commission at (202) 205–3193.                          following antidumping and
                                             Act of 1930, as amended (the Act), the                    SUPPLEMENTARY INFORMATION:                             countervailing duty order(s):

                                              DOC Case No.          ITC Case No.                Country                                 Product                                 Department contact

                                             A–823–810 ........    731–TA–894           Ukraine ...................   Ammonium Nitrate (3rd Review) .............   James Terpstra (202) 482–3965.



                                             Filing Information                                        Commerce intends to reject factual                     Letters of Appearance and
                                               As a courtesy, we are making                            submissions if the submitting party does               Administrative Protective Orders
                                             information related to sunset                             not comply with applicable revised                       Pursuant to 19 CFR 351.103(d),
                                             proceedings, including copies of the                      certification requirements.                            Commerce will maintain and make
                                             pertinent statute and Commerce’s                            On April 10, 2013, Commerce                          available a public service list for these
                                             regulations, Commerce’s schedule for                      modified two regulations related to AD/                proceedings. Parties wishing to
                                             Sunset Reviews, a listing of past                         CVD proceedings: the definition of                     participate in any of these five-year
                                             revocations and continuations, and                        factual information (19 CFR                            reviews must file letters of appearance
                                             current service lists, available to the                   351.102(b)(21)), and the time limits for               as discussed at 19 CFR 351.103(d)). To
                                             public on Commerce’s website at the                       the submission of factual information                  facilitate the timely preparation of the
                                             following address: http://                                                                                       public service list, it is requested that
                                                                                                       (19 CFR 351.301).4 Parties are advised to
                                             enforcement.trade.gov/sunset/. All                                                                               those seeking recognition as interested
                                                                                                       review the final rule, available at http://
                                             submissions in these Sunset Reviews                                                                              parties to a proceeding submit an entry
                                                                                                       enforcement.trade.gov/frn/2013/                        of appearance within 10 days of the
                                             must be filed in accordance with
                                                                                                       1304frn/2013-08227.txt, prior to                       publication of the Notice of Initiation.
                                             Commerce’s regulations regarding
                                                                                                       submitting factual information in these                  Because deadlines in Sunset Reviews
                                             format, translation, and service of
                                             documents. These rules, including                         segments. To the extent that other                     can be very short, we urge interested
                                             electronic filing requirements via                        regulations govern the submission of                   parties who want access to proprietary
                                             Enforcement and Compliance’s                              factual information in a segment (such                 information under administrative
                                             Antidumping and Countervailing Duty                       as 19 CFR 351.218), these time limits                  protective order (APO) to file an APO
                                             Centralized Electronic Service System                     will continue to be applied. Parties are               application immediately following
                                             (ACCESS), can be found at 19 CFR                          also advised to review the final rule                  publication in the Federal Register of
                                             351.303.1                                                 concerning the extension of time limits                this notice of initiation. Commerce’s
                                               Any party submitting factual                            for submissions in AD/CVD                              regulations on submission of proprietary
                                             information in an AD/CVD proceeding                       proceedings, available at http://                      information and eligibility to receive
                                             must certify to the accuracy and                          enforcement.trade.gov/frn/2013/                        access to business proprietary
                                             completeness of that information.2                        1309frn/2013-22853.txt, prior to                       information under APO can be found at
                                             Parties must use the certification                        submitting factual information in these                19 CFR 351.304–306.
                                             formats provided in 19 CFR 351.303(g).3                   segments.5                                             Information Required From Interested
                                                                                                                                                              Parties
                                               1 See also Antidumping and Countervailing Duty
amozie on DSK30RV082PROD with NOTICES




                                                                                                       questions regarding the Final Rule are available at      Domestic interested parties, as
                                             Proceedings: Electronic Filing Procedures;
                                                                                                       http://enforcement.trade.gov/tlei/notices/factual_
                                             Administrative Protective Order Procedures, 76 FR
                                                                                                       info_final_rule_FAQ_07172013.pdf.
                                                                                                                                                              defined in section 771(9)(C), (D), (E), (F),
                                             39263 (July 6, 2011).                                                                                            and (G) of the Act and 19 CFR
                                                                                                         4 See Definition of Factual Information and Time
                                               2 See section 782(b) of the Act.
                                               3 See also Certification of Factual Information to      Limits for Submission of Factual Information: Final    351.102(b), wishing to participate in a
                                             Import Administration During Antidumping and              Rule, 78 FR 21246 (April 10, 2013).                    Sunset Review must respond not later
                                             Countervailing Duty Proceedings, 78 FR 42678 (July          5 See Extension of Time Limits, 78 FR 57790          than 15 days after the date of
                                             17, 2013) (Final Rule). Answers to frequently asked       (September 20, 2013).                                  publication in the Federal Register of


                                        VerDate Sep<11>2014   18:12 Apr 30, 2018   Jkt 244001   PO 00000     Frm 00013    Fmt 4703   Sfmt 4703   E:\FR\FM\01MYN1.SGM   01MYN1



Document Created: 2018-05-01 00:23:33
Document Modified: 2018-05-01 00:23:33
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 May 1, 2018.
ContactMagd Zalok at (202) 482-4162; Stephen Bailey at (202) 482-0193, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 19050 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR