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).
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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\
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    \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 VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1

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. VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1


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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