83_FR_22099 83 FR 22007 - Foundry Coke Products From the People's Republic of China: Continuation of Antidumping Duty Order

83 FR 22007 - Foundry Coke Products From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range22007-22008
FR Document2018-10068

As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on foundry coke products (foundry coke) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on foundry coke from China.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22007-22008]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10068]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on foundry coke products 
(foundry coke) from the People's Republic of China (China) would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, Commerce is publishing a notice of 
continuation of the AD order on foundry coke from China.

DATES: Applicable May 11, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; Telephone: 202.482.0413.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2001, Commerce published in the Federal Register its

[[Page 22008]]

final determination in the less-than-fair value investigation of 
foundry coke from China.\1\ On September 17, 2001, Commerce published 
the Order on foundry coke from China.\2\ On May 1, 2017, the Department 
published the notice of initiation of the third sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\3\ Commerce conducted the sunset review on an expedited 
basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete and adequate 
response from domestic interested parties, but no substantive responses 
from respondent interested parties.\4\ As a result of its expedited 
sunset review, Commerce determined that revocation of the Order would 
likely lead to a continuation or recurrence of dumping.\5\ The 
Department, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the Order be revoked. On April 24, 2018, the 
ITC published notice of its determination, pursuant to section 751(c) 
of the Act, that revocation of the AD order on foundry coke from China 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\6\
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    \1\ See Final Determination or Sales at Less Than Fair Value: 
Foundry Coke Products from the People's Republic of China, 66 FR 
39487 (July 31, 2001).
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Foundry Coke Products 
from The People's Republic of China, 66 FR 48025 (September 17, 
2001) (Order).
    \3\ See Initiation of Five-Year (Sunset) Review, 82 FR 20314 
(May 1, 2017).
    \4\ See Domestic Producers' submission, ``Foundry Coke from 
China, Third Sunset Review: Substantive Response to Notice of 
Initiation of Sunset Review,'' dated May 31, 2017.
    \5\ See Foundry Coke Products from the People's Republic of 
China Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Order, 82 FR 41598 (September 1, 2017).
    \6\ See Foundry Coke from China (No. 731-TA-891 (Third Review)), 
83 FR 17849 (April 24, 2018).
---------------------------------------------------------------------------

Scope of the Order

    The product covered under the order is coke larger than 100 mm (4 
inches) in maximum diameter and at least 50 percent of which is 
retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The 
foundry coke products subject to the order are currently classifiable 
under subheading 2704.00.0011 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of the order is dispositive.\7\
---------------------------------------------------------------------------

    \7\ See Foundry Coke Products from the People's Republic of 
China, 77 FR 34012 (June 8, 2012).
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order on foundry coke 
from China. U.S. Customs and Border Protection will continue to collect 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: May 7, 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. 2018-10068 Filed 5-10-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices                                                  22007

                                                as certified to the U.S. Department of                  85 percent of the total U.S. production               Preliminary and Final Results of the
                                                Energy pursuant to 10 CFR 429.12 and                    of the domestic like product covered by               Reviews
                                                10 CFR 429.20, and in accordance with                   the order.16                                             Commerce intends to publish in the
                                                the test procedures established in 10                      As discussed below, we are providing               Federal Register a notice of the
                                                CFR part 430.                                                                                                 preliminary results of these changed
                                                  The products subject to these Orders                  interested parties with an opportunity to
                                                                                                        address the issue of domestic industry                circumstances reviews in accordance
                                                are currently classifiable under
                                                                                                        support (i.e., support by ‘‘substantially             with 19 CFR 351.221(b)(4) and (c)(3)(i),
                                                subheadings 8450.20.0040 and
                                                                                                        all’’ of the domestic industry) with                  which will set forth Commerce’s
                                                8450.20.0080 of the Harmonized Tariff
                                                                                                        respect to this requested partial                     preliminary factual and legal
                                                System of the United States (HTSUS).
                                                                                                        revocation of the Orders, as explained                conclusions. Commerce will issue its
                                                Products subject to these Orders may
                                                                                                        below. After examining comments, if                   final results of these changed
                                                also enter under HTSUS subheadings
                                                                                                        any, concerning domestic industry                     circumstances reviews in accordance
                                                8450.11.0040, 8450.11.0080,
                                                                                                        support, Commerce will issue the                      with the time limits set forth in 19 CFR
                                                8450.90.2000, and 8450.90.6000.
                                                                                                                                                              351.216(e).
                                                Although the HTSUS subheadings are                      preliminary results of these changed                     This notice is published in
                                                provided for convenience and customs                    circumstances reviews.                                accordance with section 751(b)(1) of the
                                                purposes, the written description of the                                                                      Act and 19 CFR 351.221(b)(1).
                                                merchandise subject to this scope is                    Public Comment
                                                dispositive.                                                                                                    Dated: May 7, 2018.
                                                                                                          In its request, Whirlpool
                                                                                                                                                              Gary Taverman,
                                                Proposed Revocation of the Orders                       acknowledges that it is unclear whether
                                                                                                                                                              Deputy Assistant Secretary for Antidumping
                                                  Whirlpool requests that the Orders be                 the company represents substantially all              and Countervailing Duty Operations,
                                                revoked with respect to all unliquidated                of the domestic industry, and, therefore,             performing the non-exclusive functions and
                                                entries of FL CIM/Belt washers. Should                  requests that Commerce solicit                        duties of the Assistant Secretary for
                                                Commerce determine to revoke the                        comments from other members of the                    Enforcement and Compliance.
                                                Orders, in part, Whirlpool proposes that                domestic industry.17 Accordingly, we                  [FR Doc. 2018–10070 Filed 5–10–18; 8:45 am]
                                                Commerce amend the scope language as                    invite members of the domestic industry               BILLING CODE 3510–DS–P
                                                follows: ‘‘{A}lso excluded from the                     to provide comments, including their
                                                scope are automatic clothes washing                     domestic production data of LRWs for
                                                machines that meet all of the following                 2017.18 Other interested parties may                  DEPARTMENT OF COMMERCE
                                                conditions: (1) Have a horizontal                       also provide comments regarding these
                                                                                                                                                              International Trade Administration
                                                rotational axis; (2) are front loading; and             changed circumstances reviews,
                                                (3) have a drive train consisting, inter                including comments concerning                         [A–570–862]
                                                alia, of (a) a controlled induction motor               industry support under section 782(h) of
                                                and (b) a belt drive.’’ 14                              the Act. Comments and factual                         Foundry Coke Products From the
                                                                                                        information may be submitted to                       People’s Republic of China:
                                                Initiation of Changed Circumstances                                                                           Continuation of Antidumping Duty
                                                Reviews, and Consideration of                           Commerce no later than ten days after
                                                                                                                                                              Order
                                                Revocation of the Orders, in Part                       the date of publication of this notice.
                                                                                                        Rebuttal comments and rebuttal factual                AGENCY:   Enforcement and Compliance,
                                                   Pursuant to section 751(b)(1) of the
                                                                                                        information may be filed with                         International Trade Administration,
                                                Act, Commerce will conduct a changed
                                                                                                        Commerce no later than seven days after               Department of Commerce.
                                                circumstances review upon receipt of a
                                                                                                        the deadline for comments and/or                      SUMMARY: As a result of the
                                                request from an interested party that
                                                shows changed circumstances sufficient                  factual information.19 All submissions                determinations by the Department of
                                                to warrant a review of an order.15 In                   must be filed electronically using                    Commerce (Commerce) and the
                                                accordance with 19 CFR 351.216(d),                      Enforcement and Compliance’s                          International Trade Commission (ITC)
                                                Commerce determines that the                            Antidumping and Countervailing Duty                   that revocation of the antidumping duty
                                                information submitted by Whirlpool                      Centralized Electronic Service System                 (AD) order on foundry coke products
                                                constitutes sufficient evidence to                      (ACCESS).20 An electronically filed                   (foundry coke) from the People’s
                                                conduct changed circumstances reviews                   document must be received successfully                Republic of China (China) would likely
                                                of the Orders.                                          in its entirety by ACCESS, by 5:00 p.m.               lead to a continuation or recurrence of
                                                   Section 782(h)(2) of the Act and 19                  Eastern Time on the due dates set forth               dumping and material injury to an
                                                CFR 351.222(g)(1)(i) provide that                       in this notice.                                       industry in the United States,
                                                Commerce may revoke an order (in                                                                              Commerce is publishing a notice of
                                                whole or in part) if it determines that                   16 See, e.g., Certain Cased Pencils from the
                                                                                                                                                              continuation of the AD order on foundry
                                                producers accounting for substantially                  People’s Republic of China: Initiation and            coke from China.
                                                all of the production of the domestic                   Preliminary Results of Antidumping Duty Changed       DATES: Applicable May 11, 2018.
                                                like product have expressed a lack of                   Circumstances Review, and Intent To Revoke Order      FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                        in Part, 77 FR 42276 (July 18, 2012), unchanged in
                                                interest in the order, in whole or in part.             Certain Cased Pencils from the People’s Republic of
                                                                                                                                                              Walker, AD/CVD Operations,
                                                In its administrative practice, Commerce                China: Final Results of Antidumping Duty Changed      Enforcement and Compliance,
                                                has interpreted ‘‘substantially all’’ to                Circumstances Review, and Determination To            International Trade Administration,
sradovich on DSK3GMQ082PROD with NOTICES




                                                mean producers accounting for at least                  Revoke Order, in Part, 77 FR 53176 (August 31,        U.S. Department of Commerce, 1401
                                                                                                        2012).                                                Constitution Avenue NW, Washington,
                                                                                                          17 See Whirlpool Request at 6.
                                                   14 Whirlpool proposes that the following words be
                                                                                                          18 Parties should provide the volume (in number
                                                                                                                                                              DC 20230; Telephone: 202.482.0413.
                                                defined as follows: (1) ‘‘front loading’’ means that                                                          SUPPLEMENTARY INFORMATION:
                                                ‘‘access to the basket is from the front of the         of units) and value (in U.S. dollars) of their
                                                washer;’’ and (3) a ‘‘controlled induction motor’’ is   domestic production of LRWs for 2017.
                                                                                                          19 Submission of rebuttal factual information
                                                                                                                                                              Background
                                                ‘‘an asynchronous, alternating current, polyphase
                                                induction motor.’’                                      must comply with 19 CFR 351.301(b)(2).                  On July 31, 2001, Commerce
                                                   15 See 19 CFR 351.216.                                 20 See, generally, 19 CFR 351.303.                  published in the Federal Register its


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                                                22008                            Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices

                                                final determination in the less-than-fair               purposes, our written description of the              FOR FURTHER INFORMATION CONTACT:
                                                value investigation of foundry coke from                scope of the order is dispositive.7                   David Crespo, AD/CVD Operations,
                                                China.1 On September 17, 2001,                                                                                Office II, Enforcement and Compliance,
                                                                                                        Continuation of the Order
                                                Commerce published the Order on                                                                               International Trade Administration,
                                                foundry coke from China.2 On May 1,                        As a result of the determinations by               U.S. Department of Commerce, 1401
                                                2017, the Department published the                      Commerce and the ITC that revocation                  Constitution Avenue NW, Washington,
                                                notice of initiation of the third sunset                of the Order would likely lead to a                   DC 20230; telephone: (202) 482–3693.
                                                review of the Order, pursuant to section                continuation or recurrence of dumping
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                751(c) of the Tariff Act of 1930, as                    and material injury to an industry in the
                                                amended (the Act).3 Commerce                            United States, pursuant to section                    Background
                                                conducted the sunset review on an                       751(d)(2) of the Act and 19 CFR
                                                                                                        351.218(a), Commerce hereby orders the                  On January 2, 2018, Commerce
                                                expedited basis, pursuant to section                                                                          published the notice of initiation of the
                                                                                                        continuation of the Order on foundry
                                                751(c)(3)(B) of the Act and 19 CFR                                                                            fourth sunset review of the antidumping
                                                                                                        coke from China. U.S. Customs and
                                                351.218(e)(1)(ii)(C)(2), because it                                                                           duty order on clad steel plate from
                                                                                                        Border Protection will continue to
                                                received a complete and adequate                                                                              Japan1 pursuant to section 751(c) of the
                                                                                                        collect cash deposits at the rates in
                                                response from domestic interested                                                                             Act.2 On January 16, 2018, Commerce
                                                                                                        effect at the time of entry for all imports
                                                parties, but no substantive responses                   of subject merchandise.                               received a notice of intent to participate
                                                from respondent interested parties.4 As                    The effective date of the continuation             from DMC Global Inc., dba NobelClad
                                                a result of its expedited sunset review,                of the Order will be the date of                      (DMC), a domestic interested party,
                                                Commerce determined that revocation                     publication in the Federal Register of                within the deadline specified in 19 CFR
                                                of the Order would likely lead to a                     this notice of continuation. Pursuant to              351.218(d)(1)(i).3 DMC claimed
                                                continuation or recurrence of dumping.5                 section 751(c)(2) of the Act, Commerce                interested party status under section
                                                The Department, therefore, notified the                 intends to initiate the next five-year                771(9)(C) of the Act as a producer of
                                                ITC of the magnitude of the margins                     review of the order not later than 30                 clad steel plate in the United States.
                                                likely to prevail should the Order be                   days prior to the fifth anniversary of the               Commerce exercised its discretion to
                                                revoked. On April 24, 2018, the ITC                     effective date of continuation.                       toll all deadlines affected by the closure
                                                published notice of its determination,                     This five-year sunset review and this              of the Federal Government from January
                                                pursuant to section 751(c) of the Act,                  notice are in accordance with section                 20 through January 22, 2018. As a result,
                                                that revocation of the AD order on                      751(c) of the Act and published                       the revised deadline for the final results
                                                foundry coke from China would likely                    pursuant to section 777(i)(1) of the Act              of this review is now May 7, 2018.4
                                                lead to a continuation or recurrence of                 and 19 CFR 351.218(f)(4).                               On January 31, 2018, Commerce
                                                material injury to an industry in the                     Dated: May 7, 2018.                                 received an adequate substantive
                                                United States within a reasonably                       Gary Taverman,                                        response to the notice of initiation from
                                                foreseeable time.6                                      Deputy Assistant Secretary for Antidumping            DMC within the 30-day deadline
                                                Scope of the Order                                      and Countervailing Duty Operations,                   specified in 19 CFR 351.218(d)(3)(i).5
                                                                                                        performing the non-exclusive functions and            We received no substantive responses
                                                   The product covered under the order                  duties of the Assistant Secretary for                 from respondent interested parties with
                                                is coke larger than 100 mm (4 inches)                   Enforcement and Compliance.                           respect to the order covered by this
                                                in maximum diameter and at least 50                     [FR Doc. 2018–10068 Filed 5–10–18; 8:45 am]           sunset review.
                                                percent of which is retained on a 100                   BILLING CODE 3510–DS–P
                                                                                                                                                                 On February 23, 2018, Commerce
                                                mm (4 inch) sieve, of a kind used in                                                                          notified the U.S. International Trade
                                                foundries. The foundry coke products                                                                          Commission that it did not receive an
                                                subject to the order are currently                      DEPARTMENT OF COMMERCE
                                                                                                                                                              adequate substantive response from
                                                classifiable under subheading                           International Trade Administration                    respondent interested parties.6 As a
                                                2704.00.0011 of the Harmonized Tariff                                                                         result, pursuant to 751(c)(3)(B) of the
                                                Schedule of the United States (HTSUS).                  [A–588–838]                                           Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
                                                Although the HTSUS subheadings are                                                                            Commerce conducted an expedited
                                                provided for convenience and Customs                    Clad Steel Plate From Japan: Final                    (120-day) sunset review of the
                                                                                                        Results of the Expedited Fourth
                                                  1 See Final Determination or Sales at Less Than
                                                                                                        Sunset Review of the Antidumping                        1 See Notice of Antidumping Order: Clad Steel

                                                Fair Value: Foundry Coke Products from the              Duty Order                                            Plate from Japan, 61 FR 34421 (July 2, 1996).
                                                People’s Republic of China, 66 FR 39487 (July 31,                                                               2 See Initiation of Five-Year (Sunset) Reviews, 83
                                                2001).                                                  AGENCY:   Enforcement and Compliance,                 FR 100 (January 2, 2018).
                                                  2 See Notice of Amended Final Determination of        International Trade Administration,                     3 See Letter ‘‘Clad Steel Plate from Japan—Five-
                                                Sales at Less Than Fair Value and Antidumping           Department of Commerce.                               Year (‘Sunset’) Review of Antidumping Duty
                                                Duty Order: Foundry Coke Products from The                                                                    Order—Notice of Intent to Participate,’’ dated
                                                People’s Republic of China, 66 FR 48025
                                                                                                        SUMMARY: As a result of this expedited
                                                                                                                                                              January 16, 2018.
                                                (September 17, 2001) (Order).                           sunset review, Commerce finds that                      4 See Memorandum, ‘‘Deadlines Affected by the
                                                  3 See Initiation of Five-Year (Sunset) Review, 82     revocation of the antidumping duty                    Shutdown of the Federal Government,’’ dated
                                                FR 20314 (May 1, 2017).                                 order would be likely to lead to the                  January 23, 2018. All deadlines in this segment of
                                                  4 See Domestic Producers’ submission, ‘‘Foundry                                                             the proceeding affected by the closure of the
                                                                                                        continuation or recurrence of dumping
sradovich on DSK3GMQ082PROD with NOTICES




                                                Coke from China, Third Sunset Review: Substantive                                                             Federal Government have been extended by three
                                                Response to Notice of Initiation of Sunset Review,’’
                                                                                                        at the levels indicated in the ‘‘Final                days.
                                                dated May 31, 2017.                                     Results of Review’’ section of this                     5 See Letter ‘‘Clad Steel Plate from Japan: Five-
                                                  5 See Foundry Coke Products from the People’s         notice.                                               Year (‘4th Sunset’) Review of Antidumping Duty
                                                Republic of China Final Results of the Expedited                                                              Order—DMC Global Inc. dba NobelClad’s
                                                Sunset Reviews of the Antidumping Duty Order, 82        DATES:   Applicable May 11, 2018.                     Substantive Response to Notice of Initiation,’’ dated
                                                FR 41598 (September 1, 2017).                                                                                 January 31, 2018.
                                                  6 See Foundry Coke from China (No. 731–TA–891           7 See Foundry Coke Products from the People’s         6 See Letter re: ‘‘Sunset Reviews Initiated on

                                                (Third Review)), 83 FR 17849 (April 24, 2018).          Republic of China, 77 FR 34012 (June 8, 2012).        January 2, 2018,’’ dated February 23, 2018.



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Document Created: 2018-11-02 09:49:23
Document Modified: 2018-11-02 09:49:23
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 11, 2018.
ContactPaul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; Telephone: 202.482.0413.
FR Citation83 FR 22007 

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