83_FR_46066 83 FR 45890 - Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 45890 - Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45890-45893
FR Document2018-19700

The Department of Commerce (Commerce) preliminarily determines that sales of hydrofluorocarbon blends (HFCs), from the People's Republic of China (China) have been made below normal value (NV). We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45890-45893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of hydrofluorocarbon blends (HFCs), from the People's 
Republic of China (China) have been made below normal value (NV). We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 11, 2018.

FOR FURTHER INFORMATION CONTACT: Manuel Rey, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-5518.

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on HFCs from China.\1\ The notice of initiation of this 
administrative review was published on

[[Page 45891]]

October 16, 2017.\2\ This review covers 12 producers and/or exporters 
of the subject merchandise. Commerce selected two exporters for 
individual examination (i.e., T.T. International Co., Ltd. (TTI); and 
Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. 
(Weitron)). The period of review (POR) is February 1, 2016, through 
July 31, 2017.
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (October 16, 2017) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation 
Notice).
---------------------------------------------------------------------------

    In April 2018, we extended the preliminary results of this review 
to no later than September 4, 2018.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Hydrofluorocarbon Blends from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated April 13, 2018. In 
this memorandum, we noted that Commerce exercised its discretion to 
toll all deadlines affected by the closure of the Federal Government 
from January 20 through January 22, 2018. See Memorandum, 
``Deadlines Affected by the Shutdown of the Federal Government,'' 
dated January 23, 2018. As a result, the revised deadline for the 
preliminary results became September 4, 2018.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products subject to this order are HFC blends. HFC blends 
covered by the scope are R-404A, a zeotropic mixture consisting of 52 
percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4 
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20 
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent 
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent 
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent 
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an 
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent 
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages 
are nominal percentages by weight. Actual percentages of single 
component refrigerants by weight may vary by plus or minus two percent 
points from the nominal percentage identified above.\4\
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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2016-2017 Antidumping Duty Administrative Review of 
Hydrofluorocarbon Blends from the People's Republic of China,'' 
issued concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on our analysis of CBP information and information provided 
by the companies, we preliminarily determine that Daikin 
Fluorochemicals (China) Co., Ltd. and Zhejiang Yonghe Refrigerant Co., 
Ltd. had no shipments of subject merchandise during the POR. In 
addition, Commerce finds that, consistent with its assessment practice 
in non-market economy (NME) cases, it is appropriate not to rescind the 
review in part in these circumstances, but to complete the review with 
respect to these two companies and issue appropriate instructions to 
CBP based on the final results.\5\ For additional information regarding 
this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices for the sole participating mandatory 
respondent, TTI, in accordance with section 772 of the Act. Because 
China is an NME country within the meaning of section 771(18) of the 
Act, we calculated NV for TTI in accordance with section 773(c) of the 
Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.

Rate for Non-Examined Companies Which Are Eligible for a Separate Rate

    As indicated in the ``Preliminary Results of Review'' section 
below, we preliminarily determine that a weighted-average dumping 
margin of 283.63 percent applies to the three firms not selected for 
individual review which are eligible for a separate rate. For further 
information, see the Preliminary Decision Memorandum at ``Separate Rate 
Assigned to Non-Selected Companies.''

Preliminary Results of Review

    Six companies involved in the administrative review, including the 
mandatory respondent Weitron, did not demonstrate that they are 
entitled to a separate rate.\6\ Therefore, we preliminarily find these 
companies to be part of the China-wide entity.\7\ The rate previously 
established for the China-wide entity is 216.37 percent.
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    \6\ These six companies are: (1) Arkema Daikin Advanced 
Fluorochemicals (Changsu) Co., Ltd.; (2) Dongyang Weihua 
Refrigerants Co., Ltd.; (3) Sinochem Environmental Protection 
Chemicals (Taicang) Co., Ltd.; (4) Weitron; (5) Zhejiang Lantian 
Environmental Protection Fluoro Material Co. Ltd.; and (6) Zhejiang 
Quzhou Lianzhou Refrigerants Co., Ltd.
    \7\ See Preliminary Decision Memorandum, at ``Companies Not 
Receiving a Separate Rate.'' Pursuant to Commerce's change in 
practice, Commerce no longer considers the NME entity as an exporter 
conditionally subject to administrative reviews. See Antidumping 
Proceedings: Announcement of Change in Department Practice for 
Respondent Selection in Antidumping Duty Proceedings and Conditional 
Review of the Nonmarket Economy Entity in NME Antidumping Duty 
Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this 
practice, the NME entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the entity, the 
entity is not under review and the entity's rate is not subject to 
change.
---------------------------------------------------------------------------

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period February 1, 2016, through July 31, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Exporter                             dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
T.T. International Co., Ltd..................................     283.63
Shandong Huaan New Material Co., Ltd.*.......................     283.63
Zhejiang Sanmei Chemical Industry Co. Ltd.*..................     283.63
Zhejiang Yonghe Refrigerant Co., Ltd.*.......................     283.63
------------------------------------------------------------------------
* This company was not selected as a mandatory respondent but is subject
  to this administrative review and demonstrated that it qualified for a
  separate rate during the POR.

Disclosure and Public Comment

    Commerce intends to disclose calculations performed in connection 
with these preliminary results to interested parties within five days 
of the date of publication of this notice.\8\ Interested parties may 
submit case briefs to Commerce no later than seven days after the date 
of the final verification report issued in this administrative review. 
Rebuttals briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the

[[Page 45892]]

time limit for filing case briefs.\9\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\11\ Hearing requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
Issues raised in the hearing will be limited to issues raised in the 
briefs.\12\ If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ Id.
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise 
extended.\14\
---------------------------------------------------------------------------

    \14\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.
    For TTI, we will calculate importer- (or customer-) specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for each importer's (or customer's) examined sales 
to the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where either the respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer- (or customer-) specific rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. We intend to instruct CBP to take 
into account the ``provisional measures deposit cap,'' in accordance 
with 19 CFR 351.212(d).
    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales data submitted by TTI, we will instruct 
CBP to liquidate such entries at the China-wide rate. Additionally, if 
we determine that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's cash deposit rate) will be 
liquidated at the China-wide rate.\15\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for the non-examined respondent in 
the final results of this administrative review. We will also instruct 
CBP to take into account the ``provisional measures deposit cap'' in 
accordance with 19 CFR 351.212(d).
    For the final results, if we continue to treat the six exporters 
preliminarily found not to qualify for separate rates as part of the 
China-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 216.37 percent, the current rate established for the 
China-wide entity, to all entries of subject merchandise during the POR 
which were exported by those companies.\16\
---------------------------------------------------------------------------

    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    We intend to issue assessment instructions to CBP 15 days after the 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above which have a separate rate, the cash deposit rate will be 
equal to the weighted-average dumping margin established in the final 
results of this review (except, if the rate is zero or de minimis, then 
a cash deposit rate of zero will be established for that company); (2) 
for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be equal to the exporter/producer-specific 
weighted-average dumping margin published for the most recently-
completed segment of this proceeding; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the cash deposit rate 
established for the China-wide entity, 216.37 percent; and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1), and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: August 31, 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 Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    a. Preliminary Determination of No Shipments
    b. Non-Market Economy Country Status
    c. Separate Rates
    i. Separate Rate Recipients
    1. Wholly Foreign-Owned Companies
    2. Wholly China-Owned Companies and Joint Ventures
    a. Absence of De Jure Control
    b. Absence of De Facto Control
    3. Companies Not Receiving a Separate Rate
    a. Weitron
    b. Companies Who Did Not File Separate Rate Applications

[[Page 45893]]

    c. Separate Rate Assigned to Non-Selected Companies
    d. The China-Wide Entity
    e. Surrogate Country
    f. Date of Sale
    g. Normal Value Comparisons
    h. Determination of Comparison Method
    i. Export Price
    i. Irrecoverable Value-Added Tax
    ii. TTI
    j. Normal Value
    i. Factor Valuations
    ii. By-Products
    iii. Currency Conversion
    iv. Verification
5. Recommendation

[FR Doc. 2018-19700 Filed 9-10-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               45890                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               review. In addition, a domestic                         the NME entity.4 In administrative                     collect the cash deposit previously
                                               interested party or an interested party                 reviews of antidumping duty orders on                  ordered.
                                               described in section 771(9)(B) of the Act               merchandise from NME countries where                     For the first administrative review of
                                               must state why it desires the Secretary                 a review of the NME entity has not been                any order, there will be no assessment
                                               to review those particular producers or                 initiated, but where an individual                     of antidumping or countervailing duties
                                               exporters. If the interested party intends              exporter for which a review was                        on entries of subject merchandise
                                               for the Secretary to review sales of                    initiated does not qualify for a separate              entered, or withdrawn from warehouse,
                                               merchandise by an exporter (or a                        rate, Commerce will issue a final                      for consumption during the relevant
                                               producer if that producer also exports                  decision indicating that the company in                provisional-measures ‘‘gap’’ period of
                                               merchandise from other suppliers)                       question is part of the NME entity.                    the order, if such a gap period is
                                               which was produced in more than one                     However, in that situation, because no                 applicable to the period of review.
                                               country of origin and each country of                   review of the NME entity was                             This notice is not required by statute
                                               origin is subject to a separate order, then             conducted, the NME entity’s entries                    but is published as a service to the
                                               the interested party must state                         were not subject to the review and the                 international trading community.
                                               specifically, on an order-by-order basis,               rate for the NME entity is not subject to                Dated: August 30, 2018.
                                               which exporter(s) the request is                        change as a result of that review
                                                                                                                                                              James Maeder,
                                               intended to cover.                                      (although the rate for the individual
                                                                                                       exporter may change as a function of the               Associate Deputy Assistant Secretary for
                                                  Note that, for any party Commerce                                                                           Antidumping and Countervailing Duty
                                                                                                       finding that the exporter is part of the
                                               was unable to locate in prior segments,                                                                        Operations performing the duties of Deputy
                                                                                                       NME entity). Following initiation of an                Assistant Secretary for Antidumping and
                                               Commerce will not accept a request for
                                                                                                       antidumping administrative review                      Countervailing Duty Operations.
                                               an administrative review of that party
                                                                                                       when there is no review requested of the               [FR Doc. 2018–19764 Filed 9–10–18; 8:45 am]
                                               absent new information as to the party’s
                                                                                                       NME entity, Commerce will instruct
                                               location. Moreover, if the interested                                                                          BILLING CODE 3510–DS–P
                                                                                                       CBP to liquidate entries for all exporters
                                               party who files a request for review is
                                                                                                       not named in the initiation notice,
                                               unable to locate the producer or
                                                                                                       including those that were suspended at                 DEPARTMENT OF COMMERCE
                                               exporter for which it requested the                     the NME entity rate.
                                               review, the interested party must
                                                                                                          All requests must be filed                          International Trade Administration
                                               provide an explanation of the attempts
                                               it made to locate the producer or                       electronically in Enforcement and
                                               exporter at the same time it files its                  Compliance’s Antidumping and                           [A–570–028]
                                               request for review, in order for the                    Countervailing Duty Centralized
                                                                                                       Electronic Service System (ACCESS) on                  Hydrofluorocarbon Blends From the
                                               Secretary to determine if the interested
                                                                                                       Enforcement and Compliance’s ACCESS                    People’s Republic of China:
                                               party’s attempts were reasonable,
                                                                                                       website at http://access.trade.gov.5                   Preliminary Results of the
                                               pursuant to 19 CFR 351.303(f)(3)(ii).
                                                                                                       Further, in accordance with 19 CFR                     Antidumping Duty Administrative
                                                  As explained in Antidumping and                      351.303(f)(l)(i), a copy of each request               Review and Preliminary Determination
                                               Countervailing Duty Proceedings:                        must be served on the petitioner and                   of No Shipments; 2016–2017
                                               Assessment of Antidumping Duties, 68                    each exporter or producer specified in
                                               FR 23954 (May 6, 2003), and Non-                                                                               AGENCY:   Enforcement and Compliance,
                                                                                                       the request.
                                               Market Economy Antidumping                                                                                     International Trade Administration,
                                               Proceedings: Assessment of                                 Commerce will publish in the Federal                Department of Commerce.
                                               Antidumping Duties, 76 FR 65694                         Register a notice of ‘‘Initiation of                   SUMMARY: The Department of Commerce
                                               (October 24, 2011), Commerce clarified                  Administrative Review of Antidumping                   (Commerce) preliminarily determines
                                               its practice with respect to the                        or Countervailing Duty Order, Finding,                 that sales of hydrofluorocarbon blends
                                               collection of final antidumping duties                  or Suspended Investigation’’ for                       (HFCs), from the People’s Republic of
                                                                                                       requests received by the last day of                   China (China) have been made below
                                               on imports of merchandise where
                                                                                                       September 2018. If Commerce does not                   normal value (NV). We invite interested
                                               intermediate firms are involved. The
                                                                                                       receive, by the last day of September                  parties to comment on these preliminary
                                               public should be aware of this
                                                                                                       2018, a request for review of entries                  results.
                                               clarification in determining whether to
                                                                                                       covered by an order, finding, or
                                               request an administrative review of                                                                            DATES: Applicable September 11, 2018.
                                                                                                       suspended investigation listed in this
                                               merchandise subject to antidumping
                                                                                                       notice and for the period identified                   FOR FURTHER INFORMATION CONTACT:
                                               findings and orders.2
                                                                                                       above, Commerce will instruct CBP to                   Manuel Rey, Enforcement and
                                                  Commerce no longer considers the                     assess antidumping or countervailing                   Compliance, International Trade
                                               non-market economy (NME) entity as an                   duties on those entries at a rate equal to             Administration, U.S. Department of
                                               exporter conditionally subject to an                    the cash deposit of estimated                          Commerce, 1401 Constitution Avenue
                                               antidumping duty administrative                         antidumping or countervailing duties                   NW, Washington, DC 20230; telephone:
                                               reviews.3 Accordingly, the NME entity                   required on those entries at the time of               (202) 482–5518.
                                               will not be under review unless                         entry, or withdrawal from warehouse,
                                               Commerce specifically receives a                                                                               Background
                                                                                                       for consumption and to continue to
                                               request for, or self-initiates, a review of                                                                      Commerce is conducting an
                                                                                                                                                              administrative review of the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         4 Inaccordance with 19 CFR 351.213(b)(1), parties
                                                 2 See also the Enforcement and Compliance             should specify that they are requesting a review of    antidumping duty order on HFCs from
                                               website at http://trade.gov/enforcement/.               entries from exporters comprising the entity, and to   China.1 The notice of initiation of this
                                                 3 See Antidumping Proceedings: Announcement           the extent possible, include the names of such
                                                                                                       exporters in their request.
                                                                                                                                                              administrative review was published on
                                               of Change in Department Practice for Respondent
                                               Selection in Antidumping Duty Proceedings and             5 See Antidumping and Countervailing Duty

                                               Conditional Review of the Nonmarket Economy             Proceedings: Electronic Filing Procedures;               1 See Hydrofluorocarbon Blends from the People’s

                                               Entity in NME Antidumping Duty Proceedings, 78          Administrative Protective Order Procedures, 76 FR      Republic of China: Antidumping Duty Order, 81 FR
                                               FR 65963 (November 4, 2013).                            39263 (July 6, 2011).                                  55436 (October 16, 2017) (Order).



                                          VerDate Sep<11>2014   18:49 Sep 10, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\11SEN1.SGM   11SEN1


                                                                           Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                                       45891

                                               October 16, 2017.2 This review covers                     by the companies, we preliminarily                   Preliminary Decision Memorandum at
                                               12 producers and/or exporters of the                      determine that Daikin Fluorochemicals                ‘‘Separate Rate Assigned to Non-
                                               subject merchandise. Commerce                             (China) Co., Ltd. and Zhejiang Yonghe                Selected Companies.’’
                                               selected two exporters for individual                     Refrigerant Co., Ltd. had no shipments
                                                                                                                                                              Preliminary Results of Review
                                               examination (i.e., T.T. International Co.,                of subject merchandise during the POR.
                                               Ltd. (TTI); and Weitron International                     In addition, Commerce finds that,                      Six companies involved in the
                                               Refrigeration Equipment (Kunshan) Co.,                    consistent with its assessment practice              administrative review, including the
                                               Ltd. (Weitron)). The period of review                     in non-market economy (NME) cases, it                mandatory respondent Weitron, did not
                                               (POR) is February 1, 2016, through July                   is appropriate not to rescind the review             demonstrate that they are entitled to a
                                               31, 2017.                                                 in part in these circumstances, but to               separate rate.6 Therefore, we
                                                  In April 2018, we extended the                         complete the review with respect to                  preliminarily find these companies to be
                                               preliminary results of this review to no                  these two companies and issue                        part of the China-wide entity.7 The rate
                                               later than September 4, 2018.3                            appropriate instructions to CBP based                previously established for the China-
                                               SUPPLEMENTARY INFORMATION:                                on the final results.5 For additional                wide entity is 216.37 percent.
                                                                                                         information regarding this
                                               Scope of the Order                                                                                               We preliminarily determine that the
                                                                                                         determination, see the Preliminary
                                                                                                                                                              following weighted-average dumping
                                                 The products subject to this order are                  Decision Memorandum.
                                                                                                                                                              margins exist for the period February 1,
                                               HFC blends. HFC blends covered by the
                                                                                                         Methodology                                          2016, through July 31, 2017:
                                               scope are R–404A, a zeotropic mixture
                                               consisting of 52 percent 1,1,1                               Commerce is conducting this review                                                                               Weighted-
                                               Trifluoroethane, 44 percent                               in accordance with section 751(a)(1)(B)                                                                              average
                                                                                                         of the Tariff Act of 1930, as amended                                       Exporter                                dumping
                                               Pentafluoroethane, and 4 percent                                                                                                                                                margin
                                               1,1,1,2-Tetrafluoroethane; R–407A, a                      (the Act). We calculated export prices                                                                              (percent)
                                               zeotropic mixture of 20 percent                           for the sole participating mandatory
                                                                                                         respondent, TTI, in accordance with                  T.T. International Co., Ltd ......................                283.63
                                               Difluoromethane, 40 percent                                                                                    Shandong Huaan New Material Co.,
                                               Pentafluoroethane, and 40 percent                         section 772 of the Act. Because China is               Ltd.* ....................................................      283.63
                                               1,1,1,2-Tetrafluoroethane; R–407C, a                      an NME country within the meaning of                 Zhejiang Sanmei Chemical Industry Co.
                                               zeotropic mixture of 23 percent                           section 771(18) of the Act, we calculated              Ltd.* ....................................................      283.63
                                                                                                         NV for TTI in accordance with section                Zhejiang Yonghe Refrigerant Co., Ltd.*                            283.63
                                               Difluoromethane, 25 percent
                                               Pentafluoroethane, and 52 percent                         773(c) of the Act.                                      * This company was not selected as a mandatory
                                               1,1,1,2-Tetrafluoroethane; R–410A, a                         For a full description of the                     respondent but is subject to this administrative re-
                                                                                                                                                              view and demonstrated that it qualified for a separate
                                               zeotropic mixture of 50 percent                           methodology underlying our                           rate during the POR.
                                               Difluoromethane and 50 percent                            conclusions, see the Preliminary
                                                                                                         Decision Memorandum. The                             Disclosure and Public Comment
                                               Pentafluoroethane; and R–507A, an
                                               azeotropic mixture of 50 percent                          Preliminary Decision Memorandum is a                    Commerce intends to disclose
                                               Pentafluoroethane and 50 percent 1,1,1-                   public document and is on file
                                                                                                                                                              calculations performed in connection
                                               Trifluoroethane also known as R–507.                      electronically via Enforcement and
                                                                                                                                                              with these preliminary results to
                                               The foregoing percentages are nominal                     Compliance’s Antidumping and
                                                                                                                                                              interested parties within five days of the
                                                                                                         Countervailing Duty Centralized
                                               percentages by weight. Actual                                                                                  date of publication of this notice.8
                                                                                                         Electronic Service System (ACCESS).
                                               percentages of single component                                                                                Interested parties may submit case briefs
                                                                                                         ACCESS is available to registered users
                                               refrigerants by weight may vary by plus                                                                        to Commerce no later than seven days
                                                                                                         at https://access.trade.gov, and to all
                                               or minus two percent points from the                                                                           after the date of the final verification
                                                                                                         parties in the Central Records Unit,
                                               nominal percentage identified above.4                                                                          report issued in this administrative
                                                                                                         Room B8024 of the main Commerce
                                                                                                                                                              review. Rebuttals briefs, limited to
                                               Preliminary Determination of No                           building. In addition, a complete
                                                                                                                                                              issues raised in the case briefs, may be
                                               Shipments                                                 version of the Preliminary Decision
                                                                                                         Memorandum can be found at http://                   filed no later than five days after the
                                                 Based on our analysis of CBP
                                               information and information provided                      enforcement.trade.gov/frn/. The signed
                                                                                                                                                                 6 These six companies are: (1) Arkema Daikin
                                                                                                         and electronic versions of the
                                                                                                                                                              Advanced Fluorochemicals (Changsu) Co., Ltd.; (2)
                                                  2 See Initiation of Antidumping and                    Preliminary Decision Memorandum are                  Dongyang Weihua Refrigerants Co., Ltd.; (3)
                                               Countervailing Duty Administrative Reviews, 82 FR         identical in content. A list of the topics           Sinochem Environmental Protection Chemicals
                                               48051 (October 16, 2017) (Initiation Notice).             discussed in the Preliminary Decision                (Taicang) Co., Ltd.; (4) Weitron; (5) Zhejiang
                                                  3 See Memorandum, ‘‘Hydrofluorocarbon Blends
                                                                                                         Memorandum is attached as an                         Lantian Environmental Protection Fluoro Material
                                               from the People’s Republic of China: Extension of                                                              Co. Ltd.; and (6) Zhejiang Quzhou Lianzhou
                                                                                                         Appendix to this notice.                             Refrigerants Co., Ltd.
                                               Deadline for Preliminary Results of Antidumping
                                               Duty Administrative Review,’’ dated April 13, 2018.       Rate for Non-Examined Companies                         7 See Preliminary Decision Memorandum, at

                                               In this memorandum, we noted that Commerce                                                                     ‘‘Companies Not Receiving a Separate Rate.’’
                                               exercised its discretion to toll all deadlines affected
                                                                                                         Which Are Eligible for a Separate Rate               Pursuant to Commerce’s change in practice,
                                               by the closure of the Federal Government from               As indicated in the ‘‘Preliminary                  Commerce no longer considers the NME entity as
                                               January 20 through January 22, 2018. See                  Results of Review’’ section below, we                an exporter conditionally subject to administrative
                                               Memorandum, ‘‘Deadlines Affected by the                                                                        reviews. See Antidumping Proceedings:
                                               Shutdown of the Federal Government,’’ dated               preliminarily determine that a                       Announcement of Change in Department Practice
                                               January 23, 2018. As a result, the revised deadline       weighted-average dumping margin of                   for Respondent Selection in Antidumping Duty
                                               for the preliminary results became September 4,           283.63 percent applies to the three firms            Proceedings and Conditional Review of the
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                                               2018.                                                     not selected for individual review                   Nonmarket Economy Entity in NME Antidumping
                                                  4 For a complete description of the scope of the                                                            Duty Proceedings, 78 FR 65963, 65970 (November
                                               order, see Memorandum, ‘‘Decision Memorandum
                                                                                                         which are eligible for a separate rate.              4, 2013). Under this practice, the NME entity will
                                               for the Preliminary Results of the 2016–2017              For further information, see the                     not be under review unless a party specifically
                                               Antidumping Duty Administrative Review of                                                                      requests, or Commerce self-initiates, a review of the
                                               Hydrofluorocarbon Blends from the People’s                   5 See Non-Market Economy Antidumping              entity. Because no party requested a review of the
                                               Republic of China,’’ issued concurrently with and         Proceedings: Assessment of Antidumping Duties, 76    entity, the entity is not under review and the
                                               hereby adopted by this notice (Preliminary Decision       FR 65694, 65694–95 (October 24, 2011) and the        entity’s rate is not subject to change.
                                               Memorandum).                                              ‘‘Assessment Rates’’ section, below.                    8 See 19 CFR 351.224(b).




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                                               45892                      Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               time limit for filing case briefs.9 Parties             deposit cap,’’ in accordance with 19                    deposit rate will continue to be equal to
                                               who submit case briefs or rebuttal briefs               CFR 351.212(d).                                         the exporter/producer-specific
                                               in this proceeding are encouraged to                       Pursuant to Commerce’s assessment                    weighted-average dumping margin
                                               submit with each argument: (1) A                        practice, for entries that were not                     published for the most recently-
                                               statement of the issue; (2) a brief                     reported in the U.S. sales data submitted               completed segment of this proceeding;
                                               summary of the argument; and (3) a                      by TTI, we will instruct CBP to liquidate               (3) for all Chinese exporters of subject
                                               table of authorities.10                                 such entries at the China-wide rate.                    merchandise that have not been found
                                                  Pursuant to 19 CFR 351.310(c),                       Additionally, if we determine that an                   to be entitled to a separate rate, the cash
                                               interested parties who wish to request a                exporter had no shipments of the                        deposit rate will be the cash deposit rate
                                               hearing must submit a written request to                subject merchandise, any suspended                      established for the China-wide entity,
                                               the Assistant Secretary for Enforcement                 entries that entered under that                         216.37 percent; and (4) for all non-
                                               and Compliance, filed electronically via                exporter’s case number (i.e., at that                   Chinese exporters of subject
                                               ACCESS. An electronically-filed                         exporter’s cash deposit rate) will be                   merchandise which have not received
                                               document must be received successfully                  liquidated at the China-wide rate.15                    their own rate, the cash deposit rate will
                                               in its entirety by ACCESS by 5 p.m.                        For the respondents which were not                   be the rate applicable to the Chinese
                                               Eastern Time within 30 days after the                   selected for individual examination in                  exporter that supplied that non-Chinese
                                               date of publication of this notice.11                   this administrative review and which                    exporter. These deposit requirements,
                                               Hearing requests should contain: (1) The                qualified for a separate rate, the                      when imposed, shall remain in effect
                                               party’s name, address, and telephone                    assessment rate will be equal to the                    until further notice.
                                               number; (2) the number of participants;                 weighted-average dumping margin
                                                                                                       determined for the non-examined                         Notification to Importers
                                               and (3) a list of the issues to be
                                               discussed. Issues raised in the hearing                 respondent in the final results of this                   This notice also serves as a
                                               will be limited to issues raised in the                 administrative review. We will also                     preliminary reminder to importers of
                                               briefs.12 If a request for a hearing is                 instruct CBP to take into account the                   their responsibility under 19 CFR
                                               made, parties will be notified of the                   ‘‘provisional measures deposit cap’’ in                 351.402(f) to file a certificate regarding
                                               time and date for the hearing to be held                accordance with 19 CFR 351.212(d).                      the reimbursement of antidumping
                                               at the U.S. Department of Commerce,                        For the final results, if we continue to             duties prior to liquidation of the
                                               1401 Constitution Avenue NW,                            treat the six exporters preliminarily                   relevant entries during this review
                                               Washington, DC 20230.13                                 found not to qualify for separate rates as              period. Failure to comply with this
                                                  Commerce intends to issue the final                  part of the China-wide entity, we will                  requirement could result in the
                                               results of this administrative review,                  instruct CBP to apply an ad valorem                     Secretary’s presumption that
                                               including the results of its analysis                   assessment rate of 216.37 percent, the                  reimbursement of antidumping duties
                                               raised in any written briefs, not later                 current rate established for the China-                 occurred and the subsequent assessment
                                               than 120 days after the publication date                wide entity, to all entries of subject                  of double antidumping duties.
                                               of this notice, pursuant to section                     merchandise during the POR which                        Notification to Interested Parties
                                               751(a)(3)(A) of the Act, unless otherwise               were exported by those companies.16
                                                                                                          We intend to issue assessment                          We are issuing and publishing these
                                               extended.14
                                                                                                       instructions to CBP 15 days after the                   preliminary results of review in
                                               Assessment Rates                                        publication of the final results of this                accordance with sections 751(a)(1), and
                                                 Upon completion of the                                review.                                                 777(i)(1) of the Act, and 19 CFR
                                               administrative review, Commerce shall                                                                           351.221(b)(4).
                                                                                                       Cash Deposit Requirements
                                               determine, and U.S. Customs and                                                                                   Dated: August 31, 2018.
                                               Border Protection (CBP) shall assess,                      The following cash deposit                           Gary Taverman,
                                               antidumping duties on all appropriate                   requirements will be effective upon
                                                                                                                                                               Deputy Assistant Secretary for Antidumping
                                               entries.                                                publication of the final results of this                and Countervailing Duty Operations,
                                                 For TTI, we will calculate importer-                  administrative review for all shipments                 performing the non-exclusive functions and
                                               (or customer-) specific ad valorem duty                 of the subject merchandise entered, or                  duties of the Assistant Secretary for
                                               assessment rates based on the ratio of                  withdrawn from warehouse, for                           Enforcement and Compliance.
                                               the total amount of dumping calculated                  consumption on or after the publication
                                                                                                       date, as provided for by section                        Appendix
                                               for each importer’s (or customer’s)
                                               examined sales to the total entered                     751(a)(2)(C) of the Act: (1) For the                    List of Topics Discussed in the Preliminary
                                                                                                       exporters listed above which have a                     Decision Memorandum
                                               value of those sales, in accordance with
                                               19 CFR 351.212(b)(1). Where either the                  separate rate, the cash deposit rate will               1. Summary
                                                                                                       be equal to the weighted-average                        2. Background
                                               respondent’s weighted-average dumping                                                                           3. Scope of the Order
                                               margin is zero or de minimis within the                 dumping margin established in the final
                                                                                                       results of this review (except, if the rate             4. Discussion of the Methodology
                                               meaning of 19 CFR 351.106(c)(1), or an                                                                             a. Preliminary Determination of No
                                               importer- (or customer-) specific rate is               is zero or de minimis, then a cash                            Shipments
                                               zero or de minimis, we will instruct CBP                deposit rate of zero will be established                   b. Non-Market Economy Country Status
                                               to liquidate the appropriate entries                    for that company); (2) for previously                      c. Separate Rates
                                               without regard to antidumping duties.                   investigated or reviewed Chinese and                       i. Separate Rate Recipients
                                               We intend to instruct CBP to take into                  non-Chinese exporters not listed above                     1. Wholly Foreign-Owned Companies
                                                                                                       that have separate rates, the cash                         2. Wholly China-Owned Companies and
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                                               account the ‘‘provisional measures                                                                                    Joint Ventures
                                                                                                         15 See Non-Market Economy Antidumping                    a. Absence of De Jure Control
                                                 9 See  19 CFR 351.309(d).
                                                                                                       Proceedings: Assessment of Antidumping Duties, 76          b. Absence of De Facto Control
                                                 10 See  19 CFR 351.309(c)(2) and (d)(2).              FR 65694 (October 24, 2011).                               3. Companies Not Receiving a Separate
                                                 11 See 19 CFR 351.310(c).
                                                                                                         16 For a full discussion of this practice, see Non-         Rate
                                                 12 Id.
                                                                                                       Market Economy Antidumping Proceedings:                    a. Weitron
                                                 13 See 19 CFR 351.310(d).
                                                                                                       Assessment of Antidumping Duties, 76 FR 65694              b. Companies Who Did Not File Separate
                                                 14 See section 751(a)(3)(A) of the Act.               (October 24, 2011).                                           Rate Applications



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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                   45893

                                                  c. Separate Rate Assigned to Non-Selected            and 19 CFR 351.213(b), to conduct an                    of the relevant entries during this
                                                     Companies                                         administrative review of this                           review period. Failure to comply with
                                                  d. The China-Wide Entity                             antidumping duty order with respect to                  this requirement may result in the
                                                  e. Surrogate Country
                                                                                                       11 companies.3                                          presumption that reimbursement of
                                                  f. Date of Sale
                                                  g. Normal Value Comparisons                            On January 11, 2018, Commerce                         antidumping duties occurred and the
                                                  h. Determination of Comparison Method                published in the Federal Register a                     subsequent assessment of double
                                                  i. Export Price                                      notice of initiation with respect to 11                 antidumping duties.
                                                  i. Irrecoverable Value-Added Tax                     companies: Chung Hung Steel; Femco;
                                                                                                                                                               Notification Regarding Administrative
                                                  ii. TTI                                              Founder Land; Kao Hsing Chang Iron &
                                                  j. Normal Value                                                                                              Protective Orders
                                                                                                       Steel Corp.; Kounan Steel; Luen Jin;
                                                  i. Factor Valuations                                 Mayer Steel Pipe; Shin Yang Steel;                        This notice serves as the only
                                                  ii. By-Products                                      Tension Steel Industries; Vulcan                        reminder to parties subject to
                                                  iii. Currency Conversion                                                                                     administrative protective order (APO) of
                                                                                                       Industrial; and Wan Chi Steel
                                                  iv. Verification
                                                                                                       Industrial.4 On April 9, 2018, the                      their responsibility concerning the
                                               5. Recommendation
                                                                                                       petitioner timely withdrew its request                  disposition of proprietary information
                                               [FR Doc. 2018–19700 Filed 9–10–18; 8:45 am]                                                                     disclosed under APO in accordance
                                                                                                       for an administrative review.5
                                               BILLING CODE 3510–DS–P                                                                                          with 19 CFR 351.305(a)(3). Timely
                                                                                                       Rescission of Administrative Review                     written notification of the return or
                                                                                                          Pursuant to 19 CFR 351.213(d)(1),                    destruction of APO materials or
                                               DEPARTMENT OF COMMERCE                                  Commerce will rescind an                                conversion to judicial protective order is
                                               International Trade Administration                      administrative review, in whole or in                   hereby requested. Failure to comply
                                                                                                       part, if the parties that requested a                   with the regulations and the terms of an
                                               [A–583–814]                                             review withdraw the request within 90                   APO is a sanctionable violation.
                                                                                                       days of the date of publication of the                    This notice is published in
                                               Certain Circular Welded Non-Alloy                       notice of initiation of the requested                   accordance with section 777(i)(1) of the
                                               Steel Pipe From Taiwan: Rescission of                   review. The petitioner withdrew its                     Act, and 19 CFR 351.213(d)(4).
                                               Antidumping Duty Administrative                         request for review by the 90-day
                                               Review; 2016–2017                                                                                                 Dated: September 4, 2018.
                                                                                                       deadline, and no other party requested                  James Maeder,
                                               AGENCY:  Enforcement and Compliance,                    an administrative review of this order.
                                                                                                                                                               Associate Deputy Assistant Secretary for
                                               International Trade Administration,                     Therefore, we are rescinding the                        Antidumping and Countervailing Duty
                                               Department of Commerce.                                 administrative review of the                            Operations performing the duties of Deputy
                                               SUMMARY: The Department of Commerce                     antidumping duty order on certain                       Assistant Secretary for Antidumping and
                                               (Commerce) is rescinding its                            circular welded non-alloy steel pipe                    Countervailing Duty Operations.
                                               administrative review of the                            from Taiwan covering the period                         [FR Doc. 2018–19586 Filed 9–10–18; 8:45 am]
                                               antidumping duty order on certain                       November 1, 2016, through October 31,                   BILLING CODE 3510–DS–P
                                               circular welded non-alloy steel pipe                    2017, in its entirety.
                                               from Taiwan for the period of review                    Assessment
                                               (POR) November 1, 2016, through                                                                                 DEPARTMENT OF COMMERCE
                                               October 31, 2017.                                         Commerce will instruct U.S. Customs
                                                                                                       and Border Protection (CBP) to assess                   International Trade Administration
                                               DATES: Applicable September 11, 2018.
                                                                                                       antidumping duties on all appropriate                   [A–570–016]
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       entries. Antidumping duties shall be
                                               Mark Flessner, AD/CVD Operations,                       assessed at rates equal to the cash
                                               Office VI, Enforcement and Compliance,                                                                          Certain Passenger Vehicle and Light
                                                                                                       deposit of estimated antidumping duties                 Truck Tires From the People’s
                                               International Trade Administration,                     required at the time of entry, or
                                               U.S. Department of Commerce, 1401                                                                               Republic of China: Preliminary Results
                                                                                                       withdrawal from warehouse, for                          of Antidumping Duty Administrative
                                               Constitution Avenue NW, Washington,                     consumption, in accordance with 19
                                               DC 20230; telephone: (202) 482–6312.                                                                            Review, Preliminary Determination of
                                                                                                       CFR 351.212(c)(1)(i). Commerce intends                  No Shipments, and Rescission, in Part;
                                               SUPPLEMENTARY INFORMATION:                              to issue appropriate assessment                         2016–2017
                                               Background                                              instructions to CBP 15 days after
                                                                                                       publication of this notice in the Federal               AGENCY:   Enforcement and Compliance,
                                                 On November 1, 2017, Commerce                         Register.                                               International Trade Administration,
                                               published in the Federal Register a                                                                             Department of Commerce.
                                               notice of opportunity to request an                     Notification to Importers
                                                                                                                                                               SUMMARY: The Department of Commerce
                                               administrative review of the                              This notice serves as the only                        (Commerce) preliminarily determines
                                               antidumping duty order 1 on certain                     reminder to importers of their                          that certain producers and exporters of
                                               circular welded non-alloy steel pipe                    responsibility, under 19 CFR                            passenger vehicle and light truck tires
                                               from Taiwan for the POR.2 Commerce                      351.402(f)(2), to file a certificate                    (passenger tires) from the People’s
                                               received a timely request from                          regarding the reimbursement of                          Republic of China (China) made sales of
                                               Wheatland Tube (the petitioner), in                     antidumping duties prior to liquidation                 subject merchandise at prices below
                                               accordance with section 751(a) of the
                                                                                                                                                               normal value (NV) during the period of
                                               Tariff Act of 1930, as amended (the Act),
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                                                                                                         3 See Petitioner Letter re: Certain Circular Welded
                                                                                                                                                               review (POR) August 1, 2016, through
                                                                                                       Non-Alloy Steel Pipe from Taiwan: Request for
                                                 1 See Certain Circular Welded Carbon Steel Pipes      Administrative Review, dated November 30, 2017.
                                                                                                                                                               July 31, 2017.
                                               and Tubes from Taiwan: Antidumping Order, 49 FR           4 See Initiation of Antidumping and                   DATES: Applicable September 11, 2018.
                                               19369 (May 7, 1984).                                    Countervailing Duty Administrative Reviews, 83 FR       FOR FURTHER INFORMATION CONTACT: Toni
                                                 2 See Antidumping or Countervailing Duty Order,       1329 (January 11, 2018).
                                               Finding, or Suspended Investigation; Opportunity          5 See Petitioner Letter re: Certain Circular Welded   Page, AD/CVD Operations, Office VII,
                                               to Request Administrative Review, 82 FR 50260           Non-Alloy Steel Pipe from Taiwan: Withdrawal of         Enforcement and Compliance,
                                               (November 1, 2017).                                     Review Request, dated April 9, 2018.                    International Trade Administration,


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Document Created: 2018-09-11 01:03:13
Document Modified: 2018-09-11 01:03:13
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 September 11, 2018.
ContactManuel Rey, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5518.
FR Citation83 FR 45890 

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