83_FR_34254 83 FR 34115 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Final Results of Countervailing Duty Expedited Review

83 FR 34115 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Final Results of Countervailing Duty Expedited Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 139 (July 19, 2018)

Page Range34115-34116
FR Document2018-15436

The Department of Commerce (Commerce) has completed its expedited review of the countervailing duty (CVD) order on certain carbon and alloy steel cut-to-length plate (CTL plate) from the People's Republic of China (China) and finds that Jiangsu Tiangong Tools Company Limited (TG Tools) received countervailable subsidies during period of review (POR) January 1, 2015, through December 31, 2015.

Federal Register, Volume 83 Issue 139 (Thursday, July 19, 2018)
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Pages 34115-34116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15436]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-048]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
People's Republic of China: Final Results of Countervailing Duty 
Expedited Review

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
expedited review of the countervailing duty (CVD) order on certain 
carbon and alloy steel cut-to-length plate (CTL plate) from the 
People's Republic of China (China) and finds that Jiangsu Tiangong 
Tools Company Limited (TG Tools) received countervailable subsidies 
during period of review (POR) January 1, 2015, through December 31, 
2015.

DATES: Applicable July 19, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5260.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this expedited review 
on March 21, 2018.\1\ A summary of the events that occurred since we 
published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for the final results, may be found in the 
Issues and Decision Memorandum \2\ issued concurrently with, and hereby 
adopted by, this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Expedited Review, 83 FR 12337 (March 21, 2018) 
(Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Expedited Review of the Countervailing Duty Order 
on Certain Carbon and Alloy Steel Cut-to-Length Plate from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is CTL plate. A full description 
of the scope of the order is contained in the Issues and Decision 
Memorandum.\3\
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Methodology

    Commerce conducted this CVD expedited review in accordance with 19 
CFR 351.214(k). For a full description of the methodology underlying 
our conclusions, see the Issues and Decision Memorandum. The subsidy 
programs under review, and the issues raised in the case and rebuttal 
briefs submitted by the parties, are discussed in the Issues and 
Decision Memorandum. A list of the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
as an Appendix to this notice.
    Based on our review and analysis of the comments received from 
parties, we made certain changes to TG Tools' subsidy rate calculations 
since the Preliminary Results. For a discussion of these changes, see 
the Issues and Decision Memorandum and the Final Calculation 
Memorandum.\4\
---------------------------------------------------------------------------

    \4\ Id; see also Memorandum, ``Final Results Calculations for TG 
Tools'' (June 13, 2018).
---------------------------------------------------------------------------

Final Results of the Expedited Review

    As a result of this expedited review, we determine the 
countervailable subsidy rate to be:

------------------------------------------------------------------------
                        Company                            Subsidy rate
------------------------------------------------------------------------
Jiangsu Tiangong Tools Company Limited, Tiangong Aihe     26.90 percent
 Company Limited, Jiangsu Tiangong Group Company
 Limited, Jiangsu Tiangong Mould Steel R&D Center
 Company Limited.......................................
------------------------------------------------------------------------

Cash Deposit Instructions

    Pursuant to section 19 CFR 351.214(k)(3)(iii), the final results of 
this expedited review will not be the basis for the assessment of 
countervailing duties. Upon the issuance of these final results, 
Commerce will instruct Customs and Border Protection (CBP) to collect 
cash deposits of estimated countervailing duties for the companies 
subject to this expedited review, at the rates shown above, on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this expedited review. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

[[Page 34116]]

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 19 
CFR 351.214(k).

    Dated: July 13, 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.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: TG Tools' Ministerial Error Allegation
    Comment 2: AFA for Land Use for LTAR
    Comment 3: Cross-Ownership Standard for TG Tools
    Comment 4: Electricity for LTAR Calculation
    Comment 5: Ocean Freight Benchmark
    Comment 6: VAT in Benchmarks
    Comment 7: Policy Loan Calculations
    Comment 8: Import Tariff and VAT Exemptions Calculation
VIII. Recommendation

[FR Doc. 2018-15436 Filed 7-18-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                  Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices                                                                34115

                                                Circuit held that, pursuant to section                       DEPARTMENT OF COMMERCE                                        Antidumping and Countervailing Duty
                                                516A(e) of the Tariff Act of 1930, as                                                                                      Centralized Electronic Service System
                                                amended (the Act), Commerce must                             International Trade Administration                            (ACCESS). ACCESS is available to
                                                publish a notice of a court decision that                    [C–570–048]                                                   registered users at http://
                                                is not ‘‘in harmony’’ with a Commerce                                                                                      access.trade.gov, and is available to all
                                                determination and must suspend                               Certain Carbon and Alloy Steel Cut-to-                        parties in the Central Records Unit,
                                                liquidation of entries pending a                             Length Plate From the People’s                                Room B8024 of the main Department of
                                                ‘‘conclusive’’ court decision. The                           Republic of China: Final Results of                           Commerce building. In addition, a
                                                Court’s July 9, 2018, final judgment                         Countervailing Duty Expedited Review                          complete version of the Issues and
                                                sustaining Commerce’s Remand                                                                                               Decision Memorandum can be accessed
                                                                                                             AGENCY:   Enforcement and Compliance,                         directly at http://enforcement.trade.gov/
                                                Redetermination constitutes a final                          International Trade Administration,
                                                decision of the Court that is not in                                                                                       frn/. The signed Issues and Decision
                                                                                                             Department of Commerce.                                       Memorandum and the electronic
                                                harmony with Commerce’s Final                                SUMMARY: The Department of Commerce                           version are identical in content.
                                                Determination. This notice is published                      (Commerce) has completed its
                                                in fulfillment of the publication                            expedited review of the countervailing                        Scope of the Order
                                                requirements of Timken. Accordingly,                         duty (CVD) order on certain carbon and                           The product covered by this order is
                                                Commerce will continue the suspension                        alloy steel cut-to-length plate (CTL                          CTL plate. A full description of the
                                                of liquidation of the subject                                plate) from the People’s Republic of                          scope of the order is contained in the
                                                merchandise pending the expiration of                        China (China) and finds that Jiangsu                          Issues and Decision Memorandum.3
                                                the period of appeal, or if appealed,                        Tiangong Tools Company Limited (TG
                                                pending a final and conclusive court                         Tools) received countervailable                               Methodology
                                                decision.                                                    subsidies during period of review (POR)                         Commerce conducted this CVD
                                                                                                             January 1, 2015, through December 31,                         expedited review in accordance with 19
                                                   We have not amended the Final                             2015.
                                                Determination because reclassifying                                                                                        CFR 351.214(k). For a full description of
                                                                                                             DATES: Applicable July 19, 2018.                              the methodology underlying our
                                                UTP–JA’s cost of caps as packing
                                                expenses did not result in a change to                       FOR FURTHER INFORMATION CONTACT:                              conclusions, see the Issues and Decision
                                                                                                             Ryan Mullen, AD/CVD Operations,                               Memorandum. The subsidy programs
                                                the weighted-average dumping margin
                                                                                                             Office V, Enforcement and Compliance,                         under review, and the issues raised in
                                                calculated for Universal in the Final
                                                                                                             International Trade Administration,                           the case and rebuttal briefs submitted by
                                                Determination, which remains 5.58                            U.S. Department of Commerce, 1401                             the parties, are discussed in the Issues
                                                percent.                                                     Constitution Avenue NW, Washington,                           and Decision Memorandum. A list of
                                                Notification to Interested Parties                           DC 20230; telephone: (202) 482–5260.                          the issues that parties raised, and to
                                                                                                             SUPPLEMENTARY INFORMATION:                                    which we responded in the Issues and
                                                   This notice is issued and published in                                                                                  Decision Memorandum, is attached as
                                                accordance with sections 516A(c)(1) and                      Background                                                    an Appendix to this notice.
                                                (e), and 777(i)(1) of the Act.                                  Commerce published the Preliminary                           Based on our review and analysis of
                                                  Dated: July 13, 2018.
                                                                                                             Results of this expedited review on                           the comments received from parties, we
                                                                                                             March 21, 2018.1 A summary of the                             made certain changes to TG Tools’
                                                Gary Taverman,                                               events that occurred since we published                       subsidy rate calculations since the
                                                Deputy Assistant Secretary for Antidumping                   the Preliminary Results, as well as a full                    Preliminary Results. For a discussion of
                                                and Countervailing Duty Operations,                          discussion of the issues raised by parties                    these changes, see the Issues and
                                                performing the non-exclusive functions and                   for the final results, may be found in the                    Decision Memorandum and the Final
                                                duties of the Assistant Secretary for                        Issues and Decision Memorandum 2                              Calculation Memorandum.4
                                                Enforcement and Compliance.
                                                                                                             issued concurrently with, and hereby
                                                [FR Doc. 2018–15566 Filed 7–18–18; 8:45 am]                  adopted by, this notice. The Issues and                       Final Results of the Expedited Review
                                                BILLING CODE 3510–DS–P                                       Decision Memorandum is a public                                 As a result of this expedited review,
                                                                                                             document and is on file electronically                        we determine the countervailable
                                                                                                             via Enforcement and Compliance’s                              subsidy rate to be:

                                                                                                                          Company                                                                                   Subsidy rate

                                                Jiangsu Tiangong Tools Company Limited, Tiangong Aihe Company Limited, Jiangsu Tiangong Group Company Limited,
                                                   Jiangsu Tiangong Mould Steel R&D Center Company Limited ......................................................................................................   26.90 percent



                                                Cash Deposit Instructions                                    results, Commerce will instruct Customs                       withdrawn from warehouse, for
                                                                                                             and Border Protection (CBP) to collect                        consumption on or after the date of
                                                  Pursuant to section 19 CFR                                 cash deposits of estimated                                    publication of the final results of this
                                                351.214(k)(3)(iii), the final results of this                countervailing duties for the companies                       expedited review. These cash deposit
                                                expedited review will not be the basis                       subject to this expedited review, at the                      requirements, when imposed, shall
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                                                for the assessment of countervailing                         rates shown above, on shipments of                            remain in effect until further notice.
                                                duties. Upon the issuance of these final                     subject merchandise entered, or
                                                  1 See Certain Carbon and Alloy Steel Cut-to-                 2 See Memorandum, ‘‘Issues and Decision                     with, and hereby adopted by, this notice (Issues and
                                                Length Plate from the People’s Republic of China:            Memorandum for the Final Results of Expedited                 Decision Memorandum).
                                                Preliminary Results of Countervailing Duty                   Review of the Countervailing Duty Order on Certain              3 Id.

                                                Expedited Review, 83 FR 12337 (March 21, 2018)               Carbon and Alloy Steel Cut-to-Length Plate from the             4 Id; see also Memorandum, ‘‘Final Results

                                                (Preliminary Results).                                       People’s Republic of China,’’ dated concurrently              Calculations for TG Tools’’ (June 13, 2018).



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                                                34116                           Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices

                                                Administrative Protective Orders                               Adverse Inferences                               SUMMARY:   Notice is hereby given that
                                                                                                          VI. Analysis of Programs                              permits or permit amendments have
                                                  This notice also serves as a reminder                   VII. Analysis of Comments
                                                to parties subject to administrative                                                                            been issued to the following entities
                                                                                                            Comment 1: TG Tools’ Ministerial Error
                                                protective order (APO) of their                                                                                 under the Marine Mammal Protection
                                                                                                               Allegation
                                                responsibility concerning the                               Comment 2: AFA for Land Use for LTAR                Act (MMPA) and the Endangered
                                                destruction of proprietary information                      Comment 3: Cross-Ownership Standard for             Species Act (ESA), as applicable.
                                                disclosed under APO in accordance                              TG Tools                                         ADDRESSES: The permits and related
                                                with 19 CFR 351.305(a)(3). Timely                           Comment 4: Electricity for LTAR                     documents are available for review
                                                written notification of the return or                          Calculation                                      upon written request or by appointment
                                                                                                            Comment 5: Ocean Freight Benchmark                  in the Permits and Conservation
                                                destruction of APO materials or
                                                                                                            Comment 6: VAT in Benchmarks
                                                conversion to judicial protective order is                  Comment 7: Policy Loan Calculations
                                                                                                                                                                Division, Office of Protected Resources,
                                                hereby requested. Failure to comply                         Comment 8: Import Tariff and VAT                    NMFS, 1315 East-West Highway, Room
                                                with the regulations and terms of an                           Exemptions Calculation                           13705, Silver Spring, MD 20910; phone:
                                                APO is a sanctionable violation.                          VIII. Recommendation                                  (301) 427–8401; fax: (301) 713–0376.
                                                  This determination is issued and                        [FR Doc. 2018–15436 Filed 7–18–18; 8:45 am]           FOR FURTHER INFORMATION CONTACT:
                                                published in accordance with 19 CFR                                                                             Shasta McClenahan (Permit Nos. 17845–
                                                                                                          BILLING CODE 3510–DS–P
                                                351.214(k).                                                                                                     03, 21238, 21348, and 21371), Carrie
                                                  Dated: July 13, 2018.                                                                                         Hubard (Permit No. 22049), and Erin
                                                Gary Taverman,                                            DEPARTMENT OF COMMERCE                                Markin (Permit No. 19496–01); at (301)
                                                Deputy Assistant Secretary for Antidumping                                                                      427–8401.
                                                and Countervailing Duty Operations,                       National Oceanic and Atmospheric
                                                                                                                                                                SUPPLEMENTARY INFORMATION: Notices
                                                performing the non-exclusive functions and                Administration
                                                                                                                                                                were published in the Federal Register
                                                duties of the Assistant Secretary for
                                                                                                          Marine Mammals and Endangered                         on the dates listed below that requests
                                                Enforcement and Compliance.
                                                                                                          Species                                               for a permit or permit amendment had
                                                Appendix                                                                                                        been submitted by the below-named
                                                List of Topics Discussed in the Issues and                AGENCY:  National Marine Fisheries                    applicants. To locate the Federal
                                                Decision Memorandum                                       Service (NMFS), National Oceanic and                  Register notice that announced our
                                                I. Summary                                                Atmospheric Administration (NOAA),                    receipt of the application and a
                                                II. Background                                            Commerce.                                             complete description of the research, go
                                                III. Scope of the Order                                                                                         to www.federalregister.gov and search
                                                                                                          ACTION: Notice; issuance of permits and
                                                IV. Subsidies Valuation                                                                                         on the permit number provided in the
                                                                                                          permit amendments/modifications.
                                                V. Use of Facts Otherwise Available and                                                                         table below.

                                                                                                                                                                                                   Permit or
                                                                                                                                                               Previous Federal Register
                                                 Permit No.             RIN                                         Applicant                                                                    amendment
                                                                                                                                                                         Notice                 issuance date

                                                17845–03 ...      0648–XC599           Rachel Cartwright, Ph.D., Keiki Kohola Project, 4945 Coral            82 FR 11180; February 21,         June 14, 2018.
                                                                                         Way, Oxnard, CA 93035.                                                2017.
                                                19496–01 ...      0648–XG038           Mariana Fuentes, Ph.D., Florida State University, 3263                83 FR 10686; March 12, 2018       June 5, 2018.
                                                                                         Foley Drive, Tallahassee, FL 32309.
                                                21238 .........   0648–XG028           Center for Whale Research (Responsible Party: Kenneth                 83 FR 8435; February 27,          June 4, 2018.
                                                                                         Balcomb III), 355 Smuggler’s Cove Road, Friday Harbor,                2018.
                                                                                         WA 98250.
                                                21348 .........   0648–XG027           NMFS Northwest Fisheries Science Center (NWFSC), 2725                 83 FR 11733; March 16, 2018       June 5, 2018.
                                                                                         Montlake Boulevard East, Seattle, WA 98112.
                                                21371 .........   0648–XF968           NMFS Northeast Fisheries Science Center (NEFSC), 166                  83 FR 5614; February 8, 2018      June 4, 2018.
                                                                                         Water Street, Woods Hole, MA 02543.
                                                22049 .........   0648–XG206           Living Planet Productions/Silverback Films (Responsible               83 FR 19710; May 4, 2018 ....     June 7, 2018.
                                                                                         Party: Sarah Wade), 1 St. Augustine Yard, Gaunts Lane,
                                                                                         Bristol, BS1 5DE, UK.



                                                   In compliance with the National                        policies set forth in Section 2 of the                  Dated: July 16, 2018.
                                                Environmental Policy Act of 1969 (42                      ESA.                                                  Julia Marie Harrison,
                                                U.S.C. 4321 et seq.), a final                                Authority: The requested permits                   Chief, Permits and Conservation Division,
                                                determination has been made that the                      have been issued under the Marine                     Office of Protected Resources, National
                                                activities proposed are categorically                     Mammal Protection Act of 1972, as                     Marine Fisheries Service.
                                                excluded from the requirement to                          amended (16 U.S.C. 1361 et seq.), the                 [FR Doc. 2018–15460 Filed 7–18–18; 8:45 am]
                                                prepare an environmental assessment or                    regulations governing the taking and                  BILLING CODE 3510–22–P
                                                environmental impact statement.                           importing of marine mammals (50 CFR
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                                                   As required by the ESA, as applicable,                 part 216), the Endangered Species Act of
                                                issuance of these permit was based on                     1973, as amended (ESA; 16 U.S.C. 1531
                                                a finding that such permits: (1) Were                     et seq.), and the regulations governing
                                                applied for in good faith; (2) will not                   the taking, importing, and exporting of
                                                operate to the disadvantage of such                       endangered and threatened species (50
                                                endangered species; and (3) are                           CFR parts 222–226), as applicable.
                                                consistent with the purposes and



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Document Created: 2018-07-19 01:35:32
Document Modified: 2018-07-19 01:35:32
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 July 19, 2018.
ContactRyan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5260.
FR Citation83 FR 34115 

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