83_FR_23049 83 FR 22953 - Countervailing Duty Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Preliminary Determination

83 FR 22953 - Countervailing Duty Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Preliminary Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22953-22954
FR Document2018-10544

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018) 
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22953-22954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-824]


Countervailing Duty Investigation of Laminated Woven Sacks From 
the Socialist Republic of Vietnam: Postponement of Preliminary 
Determination

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

DATES: Applicable May 17, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482-3936 or 
Ariela Garvett at (202) 482-3609, AD/CVD Operations, Enforcement and 
Compliance, Office IV, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On March 27, 2018, the Department of Commerce (Commerce) initiated 
a countervailing duty (CVD) investigation of imports of laminated woven 
sacks (LWS) from the Socialist Republic of Vietnam.\1\ Currently, the 
preliminary determination is due no later than May 31, 2018.
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    \1\ See Laminated Woven Sacks From the Socialist Republic of 
Vietnam: Initiation of Countervailing Duty Investigation, 83 FR 
14253 (April 3, 2018) (Initiation Notice).
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Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, section 703(c)(1) of the Act permits 
Commerce to postpone the preliminary determination until no later than 
130 days after the date on which Commerce initiated the investigation 
if, under part (A), the petitioners \2\ make a timely request for a 
postponement; or under part (B), Commerce concludes that the parties 
concerned are cooperating, and determines that the investigation is 
extraordinarily complicated, and that additional time is necessary to 
make a preliminary determination. Under 19 CFR 351.205(e), the 
petitioners 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.
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    \2\ The petitioners are the Laminated Woven Sacks Fair Trade 
Coalition and its individual members Polytex Fibers Corporation and 
ProAmpac Holdings Inc.
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    On May 4, 2018, the petitioners submitted a timely request that 
Commerce postpone the preliminary CVD determination.\3\ The petitioners 
state that they request postponement of the preliminary determination 
because the current deadline does not provide adequate time for 
Commerce to issue questionnaires, receive responses, or to issue and 
receive responses to supplement questionnaires prior to Commerce's 
currently scheduled preliminary determination date. According to the 
petitioners, postponement of the preliminary determination deadline by 
the maximum extension of 65 additional days in this case would allow 
sufficient time for Commerce to develop the record in this 
investigation.
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    \3\ Letter from the petitioners, ``Re: Laminated Woven Sacks 
from Vietnam: Request to Extend the Deadline for Preliminary 
Determination,'' dated May 4, 2018.
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    In accordance with 19 CFR 351.205(e), the petitioners have stated 
the reasons for requesting a postponement of the preliminary 
determination, and Commerce finds no compelling reason to deny the 
request. Therefore, in accordance with section 703(c)(1)(A) of the Act, 
Commerce is postponing the deadline for the preliminary determination 
to no later than 130 days after the date on which the investigation was 
initiated, i.e., August 6, 2018.\4\ Pursuant to section 705(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.
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    \4\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, August 4, 2018. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is 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).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).


[[Page 22954]]


    Dated: May 10, 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. 2018-10544 Filed 5-16-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices 22953 publication of these final results of Dated: May 11, 2018. under part (B), Commerce concludes administrative review for shipments of Gary Taverman, that the parties concerned are subject merchandise from China Deputy Assistant Secretary for Antidumping cooperating, and determines that the entered, or withdrawn from warehouse, and Countervailing Duty Operations, investigation is extraordinarily for consumption on or after the performing the non-exclusive functions and complicated, and that additional time is duties of the Assistant Secretary for necessary to make a preliminary publication date, as provided by section Enforcement and Compliance. determination. Under 19 CFR 751(a)(2)(C) of the Act: (1) For [FR Doc. 2018–10562 Filed 5–16–18; 8:45 am] 351.205(e), the petitioners must submit previously investigated or reviewed Chinese and non-Chinese exporters that BILLING CODE 3510–DS–P a request for postponement 25 days or received a separate rate in a prior more before the scheduled date of the segment of this proceeding, the cash preliminary determination and must DEPARTMENT OF COMMERCE state the reasons for the request. deposit rate will continue to be the Commerce will grant the request unless existing exporter-specific rate; (2) for all International Trade Administration it finds compelling reasons to deny the Chinese exporters of subject [C–552–824] request. merchandise that have not been found On May 4, 2018, the petitioners to be entitled to a separate rate, Countervailing Duty Investigation of submitted a timely request that including TMM, the cash deposit rate Laminated Woven Sacks From the Commerce postpone the preliminary will be the China-wide rate of 141.49 Socialist Republic of Vietnam: CVD determination.3 The petitioners percent; 8 and (3) for all non-Chinese Postponement of Preliminary state that they request postponement of exporters of subject merchandise which Determination the preliminary determination because have not received their own rate, the the current deadline does not provide AGENCY: Enforcement and Compliance, cash deposit rate will be the rate adequate time for Commerce to issue International Trade Administration, applicable to the Chinese exporter(s) Department of Commerce. questionnaires, receive responses, or to that supplied that non-Chinese exporter. issue and receive responses to DATES: Applicable May 17, 2018. These deposit requirements, when supplement questionnaires prior to imposed, shall remain in effect until FOR FURTHER INFORMATION CONTACT: Commerce’s currently scheduled further notice. Thomas Martin at (202) 482–3936 or preliminary determination date. Ariela Garvett at (202) 482–3609, AD/ According to the petitioners, Notification to Importers CVD Operations, Enforcement and postponement of the preliminary Compliance, Office IV, International determination deadline by the This notice serves as a reminder to Trade Administration, U.S. Department maximum extension of 65 additional importers of their responsibility under of Commerce, 1401 Constitution Avenue days in this case would allow sufficient 19 CFR 351.402(f)(2) to file a certificate NW, Washington, DC 20230. time for Commerce to develop the regarding the reimbursement of SUPPLEMENTARY INFORMATION: record in this investigation. antidumping duties prior to liquidation In accordance with 19 CFR of the relevant entries during this POR. Background 351.205(e), the petitioners have stated Failure to comply with this requirement On March 27, 2018, the Department of the reasons for requesting a could result in the Commerce’s Commerce (Commerce) initiated a postponement of the preliminary presumption that reimbursement of countervailing duty (CVD) investigation determination, and Commerce finds no antidumping duties occurred and the of imports of laminated woven sacks compelling reason to deny the request. subsequent assessment of double (LWS) from the Socialist Republic of Therefore, in accordance with section antidumping duties. Vietnam.1 Currently, the preliminary 703(c)(1)(A) of the Act, Commerce is determination is due no later than May postponing the deadline for the Administrative Protective Order 31, 2018. preliminary determination to no later This notice also serves as a reminder Postponement of Preliminary than 130 days after the date on which to parties subject to administrative Determination the investigation was initiated, i.e., protective order (APO) of their August 6, 2018.4 Pursuant to section Section 703(b)(1) of the Tariff Act of 705(a)(1) of the Act and 19 CFR responsibility concerning the return or 1930, as amended (the Act), requires destruction of proprietary information 351.210(b)(1), the deadline for the final Commerce to issue the preliminary determination of this investigation will disclosed under APO in accordance determination in a CVD investigation continue to be 75 days after the date of with 19 CFR 351.305(a)(3). Timely within 65 days after the date on which the preliminary determination. written notification of the return or Commerce initiated the investigation. This notice is issued and published destruction of APO materials, or However, section 703(c)(1) of the Act pursuant to section 703(c)(2) of the Act conversion to judicial protective order, permits Commerce to postpone the and 19 CFR 351.205(f)(1). is hereby requested. Failure to comply preliminary determination until no later with the regulations and terms of an than 130 days after the date on which 3 Letter from the petitioners, ‘‘Re: Laminated APO is a sanctionable violation. Commerce initiated the investigation if, Woven Sacks from Vietnam: Request to Extend the under part (A), the petitioners 2 make a Deadline for Preliminary Determination,’’ dated We are issuing and publishing these May 4, 2018. final results and this notice in timely request for a postponement; or 4 Postponing the preliminary determination to daltland on DSKBBV9HB2PROD with NOTICES accordance with sections 751(a)(1) and 130 days after initiation would place the deadline 1 See Laminated Woven Sacks From the Socialist on Saturday, August 4, 2018. Commerce’s practice 777(i) of the Act. Republic of Vietnam: Initiation of Countervailing dictates that where a deadline falls on a weekend Duty Investigation, 83 FR 14253 (April 3, 2018) or federal holiday, the appropriate deadline is the (Initiation Notice). next business day. See Notice of Clarification: 2 The petitioners are the Laminated Woven Sacks Application of ‘‘Next Business Day’’ Rule for 8 See Notice of Antidumping Duty Order: Fair Trade Coalition and its individual members Administrative Determination Deadlines Pursuant Magnesium Metal from the People’s Republic of Polytex Fibers Corporation and ProAmpac Holdings to the Tariff Act of 1930, As Amended, 70 FR 24533 China, 70 FR 19928 (April 15, 2005). Inc. (May 10, 2005). VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1

22954 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices Dated: May 10, 2018. falls on a non-business day, in on the comments received.7 Commerce Gary Taverman, accordance with Commerce’s practice, received additional scope comments Deputy Assistant Secretary for Antidumping the deadline will become the next following the issuance of the and Countervailing Duty Operations, business day. The revised deadline for Preliminary Scope Decision performing the non-exclusive functions and the preliminary determination of this Memorandum, and based on those duties of the Assistant Secretary for investigation is now May 7, 2018.3 comments, made certain additional Enforcement and Compliance. preliminary revisions to the scope. For For a complete description of the [FR Doc. 2018–10544 Filed 5–16–18; 8:45 am] events that followed the initiation of a summary of the additional comments BILLING CODE 3510–DS–P this investigation, see the Preliminary received, and Commerce’s preliminary Decision Memorandum.4 A list of topics analysis and decision with respect to included in the Preliminary Decision them, see the Second Preliminary Scope DEPARTMENT OF COMMERCE Decision Memorandum.8 See also the Memorandum is included as Appendix II to this notice. The Preliminary revised scope in Appendix I to this International Trade Administration notice. Decision Memorandum is a public [A–475–839] document and is on file electronically Methodology via Enforcement and Compliance’s Forged Steel Fittings From Italy: Commerce is conducting this Antidumping and Countervailing Duty Preliminary Affirmative Determination investigation in accordance with section Centralized Electronic Service System of Sales at Less Than Fair Value, 731 of the Act. Pursuant to sections (ACCESS). ACCESS is available to 776(a) and (b) of the Act and 19 CFR Postponement of Final Determination registered users at https:// and Extension of Provisional Measures 351.308, Commerce preliminarily relied access.trade.gov, and to all parties in the upon facts otherwise available with an AGENCY: Enforcement and Compliance, Central Records Unit, Room B8024 of adverse inference (adverse facts International Trade Administration, the main Department of Commerce available or AFA) for the two mandatory Department of Commerce. building. In addition, a complete respondents, M.E.G.A. S.p.A (MEGA) SUMMARY: The Department of Commerce version of the Preliminary Decision and I.M.L. Industria Meccanica Ligure (Commerce) preliminarily determines Memorandum can be accessed directly S.p.A. (IML), which failed to cooperate that forged steel fittings from Italy are at http://enforcement.trade.gov/frn/. to the best of their ability in their being, or are likely to be, sold in the The signed and the electronic versions responses to Commerce’s requests for United States at less than fair value of the Preliminary Decision information. See Preliminary Decision (LTFV). The period of investigation Memorandum are identical in content. Memorandum for a complete (POI) is October 1, 2016, through Scope of the Investigation explanation of the methodology and September 30, 2017. Interested parties analysis underlying our preliminary are invited to comment on this The products covered by this application of adverse facts available. preliminary determination. investigation are forged steel fittings As AFA, Commerce is preliminarily DATES: Applicable May 17, 2018. from Italy. For a complete description of assigning to MEGA and IML the highest the scope of this investigation, see the margin alleged in the petition, 80.20 FOR FURTHER INFORMATION CONTACT: ‘‘Scope of the Investigation,’’ in percent.9 Denisa Ursu or Michael Bowen, AD/ Appendix I. CVD Operations, Office VIII, All-Others Rate Enforcement and Compliance, Scope Comments Sections 733(d)(1)(ii) and 735(c)(5)(A) International Trade Administration, In accordance with the Preamble to of the Act provide that in the U.S. Department of Commerce, 1401 Commerce’s regulations,5 the Initiation preliminary determination, Commerce Constitution Avenue NW, Washington, Notice set aside a period of time for shall determine an estimated weighted- DC 20230; telephone: (202) 482–2285 or parties to raise issues regarding product average dumping margin for all other (202) 482–0768, respectively. exporters and producers not coverage (i.e., scope).6 Certain interested SUPPLEMENTARY INFORMATION: individually examined. Section parties commented on the scope of the Background investigation as it appeared in the 735(c)(5)(A) of the Act states that, in Initiation Notice. On March 7, 2018, calculating this rate, it shall be an This preliminary determination is amount equal to the weighted average of made in accordance with section 733(b) Commerce issued a Preliminary Scope Decision Memorandum making certain the estimated weighted-average of the Tariff Act of 1930, as Amended dumping margins established for (the Act). Commerce initiated this preliminary revisions to the scope based exporters and producers individually investigation on October 25, 2017.1 On examined, excluding rates that are zero, 3 See Memorandum for the Record from Christian February 2, 2018, Commerce postponed de minimis, or determined entirely Marsh, Deputy Assistant Secretary for Enforcement the preliminary determination of this and Compliance, performing the non-exclusive under section 776 of the Act. investigation.2 functions and duties of the Assistant Secretary for Commerce exercised its discretion to Enforcement and Compliance, ‘‘Deadlines Affected 7 See Memorandum, ‘‘Scope Comments Decision toll all deadlines affected by the closure by the Shutdown of the Federal Government,’’ Memorandum for the Preliminary Determinations,’’ dated January 23, 2018. All deadlines in this of the Federal Government from January segment of the proceeding have been extended by dated March 7, 2018 (Preliminary Scope Decision Memorandum) 20 through 22, 2018. If the new deadline 3 days. 8 See Memorandum, ‘‘Second Preliminary Scope 4 See Memorandum to the File, ‘‘Decision Decision Memorandum,’’ dated concurrently with daltland on DSKBBV9HB2PROD with NOTICES 1 See Forged Steel Fittings from the People’s Memorandum for the Preliminary Determination in this notice (Second Preliminary Scope Decision Republic of China, Italy, and Taiwan: Initiation of the Less-Than-Fair-Value Investigation of Forged Memorandum). Less-Than-Fair-Value Investigations, 82 FR 50614 Steel Fittings from Italy,’’ dated concurrently with, 9 See Letter to the Secretary of Commerce from (November 1, 2017) (Initiation Notice). and hereby adopted by, this notice (Preliminary the Petitioners, ‘‘Forged Steel Fittings from People’s 2 See Forged Steel Fittings from the People’s Decision Memorandum). Republic of China, Italy, and Taiwan—Petitions for 5 See Antidumping Duties; Countervailing Duties, Republic of China, Italy, and Taiwan: the Imposition of Antidumping and Countervailing Postponement of Preliminary Determinations in the Final Rule, 62 FR 27296, 27323 (May 19, 1997) Duties’’ (October 5, 2017) (the Petition) at Volume Less-Than-Fair-Value Investigations, 83 FR 4899 (Preamble). III. See also, AD Investigation Initiation Checklist: (February 2, 2018). 6 See Initiation Notice, 82 FR at 50615. Forged Steel Fittings from Italy (October 25, 2017). VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1


Document Created: 2018-05-17 00:51:25
Document Modified: 2018-05-17 00:51:25
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 17, 2018.
ContactThomas Martin at (202) 482-3936 or Ariela Garvett at (202) 482-3609, AD/CVD Operations, Enforcement and Compliance, Office IV, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 22953 
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