83_FR_519 83 FR 516 - Sodium Gluconate, Gluconic Acid, and Derivative Products From France and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations

83 FR 516 - Sodium Gluconate, Gluconic Acid, and Derivative Products From France and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 3 (January 4, 2018)

Page Range516-522
FR Document2017-28430

Federal Register, Volume 83 Issue 3 (Thursday, January 4, 2018)
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 516-522]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28430]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-829, A-570-071]


Sodium Gluconate, Gluconic Acid, and Derivative Products From 
France and the People's Republic of China: Initiation of Less-Than-
Fair-Value Investigations

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


DATES: Applicable December 20, 2017.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey at (202) 482-0193 and 
Maliha Khan at (202) 482-0895 (France), Jeffrey Pedersen at (202) 482-
2769 and Celeste Chen at (202) 482-0890 (the People's Republic of China 
(China)), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On November 30, 2017, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) Petitions concerning imports of sodium 
gluconate, gluconic acid, and derivative products (GNA products) from 
France and China, filed in proper form on behalf of PMP Fermentation 
Products, Inc. (PMP, the petitioner).\1\ The AD Petitions were 
accompanied by a countervailing duty (CVD) petition concerning imports 
of GNA products

[[Page 517]]

from China. The petitioner is a domestic producer of GNA products.\2\
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    \1\ See Petitioner's letter, ``Petition for Antidumping and 
Countervailing Duties: Sodium Gluconate, Gluconic Acid, and 
Derivative Products from the People's Republic of China and 
France,'' dated November 30, 2017 (the Petitions).
    \2\ See Volume I of the Petitions, at 2.
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    On December 5, 2017, Commerce requested supplemental information 
pertaining to certain areas of the Petitions.\3\ The petitioner filed 
responses to these requests on December 7, 2017.\4\ On December 15, 
2017, the petitioner submitted certain revisions to the scope.\5\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Sodium Gluconate, Gluconic Acid, 
and Derivative Products from France and the People's Republic of 
China and Countervailing Duties on Imports of Sodium Gluconate, 
Gluconic Acid, and Derivative Products from the People's Republic of 
China: Supplemental Questions,'' (General Issues Supplemental 
Questionnaire); ``Petition for the Imposition of Antidumping Duties 
on Imports of Sodium Gluconate, Gluconic Acid and Derivative 
Products from France: Supplemental Questions;'' and ``Petition for 
the Imposition of Antidumping Duties on Imports of Sodium Gluconate, 
Gluconic Acid and Derivative Products from the People's Republic of 
China: Supplemental Questions.'' All three of these documents are 
dated December 5, 2017.
    \4\ See Petitioner's Letters, ``Antidumping Duty Investigation 
of Sodium Gluconate, Gluconic Acid and Derivative Products from the 
People's Republic of China: PMP's Response to the Department's 
Supplemental Questions on the Petition'' (General Issues and China 
AD Supplement) and ``Antidumping Duty Investigation of Sodium 
Gluconate, Gluconic Acid and Derivative Products from France: PMP's 
Response to the Department's Supplemental Questions on the 
Petition'' (General Issues and France AD Supplement). Both of these 
documents are dated December 7, 2017.
    \5\ See Memorandum, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Sodium Gluconate, Gluconic Acid, 
and Derivative Products from France and the People's Republic of 
China and Countervailing Duties on Imports of Sodium Gluconate, 
Gluconic Acid, and Derivative Products from the People's Republic of 
China: Telephone Conversation with the Petitioner,'' dated December 
14, 2017; see also Petitioner's Letter, ``Sodium Gluconate, Gluconic 
Acid, and Derivative Products from the People's Republic of China 
and France: Petitioner's Amendment to Volume I of Antidumping and 
Countervailing Duty Petition,'' dated December 15, 2017 (Revised 
Scope).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of GNA products 
from France and China are being, or are likely to be, sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing GNA 
products in the United States. Consistent with section 732(b)(1) of the 
Act, the Petitions are accompanied by information reasonably available 
to the petitioner supporting their allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the AD investigations that the petitioner is 
requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petitions'' section, infra.
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Periods of Investigation

    Because the Petitions were filed on November 30, 2017, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the France 
investigation is October 1, 2016 through September 30, 2017. Because 
China is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the POI for the China investigation is April 1, 2017 
through September 30, 2017.

Scope of the Investigations

    The products covered by these investigations are GNA products from 
France and China. For a full description of the scope of these 
investigations, see the Appendix to this notice.

Scope Comments

    During our review of the Petitions, Commerce issued questions to, 
and received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ As a result of these exchanges, the scope of the Petitions 
was modified to clarify the description of merchandise covered by the 
Petitions. The description of the merchandise covered by this 
initiation, as described in the Appendix to this notice, reflects these 
clarifications.
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    \7\ See General Issues Supplemental Questionnaire, at 3-4; see 
also General Issues and China AD Supplement and General Issues and 
France AD Supplement.
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    As discussed in the preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on January 9, 2018, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on January 19, 2018, which 
is 10 calendar days from the initial comments deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigations be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigations may 
be relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    Commerce will provide interested parties an opportunity to comment 
on the appropriate physical characteristics of GNA products to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
merchandise under consideration in order to report the relevant costs 
of production accurately as well as to develop appropriate product-
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an

[[Page 518]]

accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) General product characteristics, and (2) product-comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product-comparison criteria. We base product-
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe GNA products, it 
may be that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on January 9, 
2018. Any rebuttal comments must be filed by 5:00 p.m. ET on January 
19, 2018. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the records of the 
France and China less-than-fair-value investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations. Based on our analysis of the information 
submitted on the record, we have determined that GNA products, as 
defined in the scope, constitute a single domestic like product and we 
have analyzed industry support in terms of that domestic like 
product.\14\
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    \14\ For a discussion of the domestic like product analysis, see 
Antidumping Duty Investigation Initiation Checklist: Sodium 
Gluconate, Gluconic Acid, and Derivative Products from the People's 
Republic of China (China AD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Sodium Gluconate, Gluconic Acid, and 
Derivative Products from the People's Republic of China and France 
(Attachment II); and Antidumping Duty Investigation Initiation 
Checklist: Sodium Gluconate, Gluconic Acid, and Derivative Products 
from France (France AD Initiation Checklist), at Attachment II. 
These checklists are dated concurrently with, and hereby adopted by, 
this notice and on file electronically via ACCESS. Access to 
documents filed via ACCESS is also available in the Central Records 
Unit, Room B8024 of the main Department of Commerce building.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2016.\15\ The petitioner 
states that there are no other known producers of GNA products in the 
United States; therefore, the Petitions are supported by 100 percent of 
the U.S. industry.\16\
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    \15\ See Volume I of the Petitions, at 3 and Exhibits I-1A and 
I-1B.
    \16\ Id. at 3 and Exhibits I-1A and I-1B; see also General 
Issues and China AD Supplement, at 7; see also General Issues and 
France AD Supplement, at 7.
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    Our review of the data provided in the Petitions, the supplemental 
responses, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\17\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\18\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\19\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\20\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
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    \17\ See China AD Initiation Checklist and France AD Initiation 
Checklist, at Attachment II.
    \18\ See section 732(c)(4)(D) of the Act; see also China AD 
Initiation Checklist and France AD Initiation Checklist, at 
Attachment II.
    \19\ See China AD Initiation Checklist and France AD Initiation 
Checklist, at Attachment II.
    \20\ Id.
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    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the AD

[[Page 519]]

investigations that it is requesting that Commerce initiate.\21\
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    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petitions, at 16 and Exhibit I-9; see 
also General Issues and China AD Supplement, at 7; and General 
Issues and France AD Supplement, at 7.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports, reduced market 
share, underselling and price depression or suppression, lost sales and 
revenues, and a negative impact on financial performance.\23\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\24\
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    \23\ Id. at 13, 16-32 and Exhibits I-4 and I-9 through I-22.
    \24\ See China AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Sodium Gluconate, Gluconic Acid, and Derivative Products 
from the People's Republic of China and France (Attachment III); see 
also France AD Initiation Checklist, at Attachment III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value upon which Commerce based its decision to initiate AD 
investigations of imports of GNA products from France and China. The 
sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the country-specific 
initiation checklists.

Export Price

    For both France and China, the petitioner based its calculation of 
export price (EP) on U.S. imports of sodium gluconate under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
2918.16.5010 between October 2016 and September 2017 for France and 
April 2017 and September 2017 for China.\25\ The petitioner made 
deductions from EP for foreign inland freight and foreign brokerage and 
handling expenses.\26\
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    \25\ See France AD Initiation Checklist and China AD Initiation 
Checklist.
    \26\ Id.
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Normal Value

    For France, the petitioner was unable to obtain reliable 
information relating to the prices charged for GNA products in France 
or in any third country market.\27\ Because home market and third 
country prices were not reasonably available, the petitioner calculated 
NV based on constructed value (CV). For further discussion of CV, see 
the section ``Normal Value Based on Constructed Value'' below.\28\
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    \27\ See France AD Initiation Checklist.
    \28\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, for 
this investigation, Commerce will request information necessary to 
calculate the CV and cost of production (COP) to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product. Commerce no longer requires a COP 
allegation to conduct this analysis.
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    With respect to China, Commerce considers China to be a non-market 
economy (NME) country.\29\ In accordance with section 771(18)(C)(i) of 
the Act, any determination that a foreign country is an NME country 
shall remain in effect until revoked by Commerce. Therefore, we 
continue to treat China as an NME country for purposes of the 
initiation of this investigation. Accordingly, NV in China is 
appropriately based on factors of production (FOPs) valued in a 
surrogate market economy country, in accordance with section 773(c) of 
the Act.\30\ In the course of this investigation, all parties, and the 
public, will have the opportunity to provide relevant information 
related to the granting of separate rates to individual exporters.
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    \29\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy.
    \30\ See China AD Initiation Checklist.
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    The petitioner claims that Thailand is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China; it is a 
significant producer of comparable merchandise; and public information 
from Thailand is available to value all material input factors except 
for the inputs of liquid glucose and sodium hydroxide.\31\ The 
petitioner stated that due to what it characterized as high values in 
the Thai import data for glucose and sodium hydroxide, it instead 
relied on data for Brazil for these two inputs.\32\ Brazil was on the 
list of potential surrogate countries placed on the record by the 
petitioner, and the petitioner stated that Brazil had the largest 
quantity of imports of these two inputs.\33\ Based on the information 
provided by the petitioner, we determine that it is appropriate to use 
Thailand as a surrogate country, but rely on the Brazil import data for 
the glucose and sodium hydroxide inputs, for initiation purposes.
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    \31\ See Volume II of the Petitions, at 2-3 and Exhibit II-2.
    \32\ See Volume II of the Petitions, at 5.
    \33\ See Volume II of the Petitions, at 2-6 and Exhibit II-2.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
China producers/exporters is not available, the petitioner relied on 
the production experience of its GNA products production facility in 
Peoria, Illinois as an estimate of Chinese manufacturers' FOPs.\34\ The 
petitioner valued the estimated FOPs using surrogate values from 
Thailand for China, except for two inputs as noted above.\35\ The 
petitioner used the average POI exchange rate to convert the data to 
U.S. dollars.\36\
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    \34\ See Volume II of the Petitions at 4 and Volume IV of the 
Petitions at 4.
    \35\ See General Issues and China AD Supplement, at Revised 
Exhibit II-13.
    \36\ See General Issues and China AD Supplement, at Revised 
Exhibit II-22.
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Normal Value Based on Constructed Value

    As noted above, the petitioner was unable to obtain reliable 
information relating to the prices charged for GNA products in France 
or in any third country market; accordingly, the petitioner based NV on 
CV. Pursuant to section 773(e) of the Act, CV consists of the cost of 
manufacturing (COM), selling, general, and administrative (SG&A) 
expenses, financial expenses, packing expenses, and profit.\37\ For 
France, the petitioner calculated the COM based on its own input 
factors of production and usage rates for raw materials, labor, energy, 
packing, and a

[[Page 520]]

by-product offset.\38\ The input factors of production were valued 
using publicly available data on costs specific to France, during the 
proposed POI.\39\ Specifically, the prices for raw material and packing 
inputs were based on publicly available import data for France.\40\ 
Labor and energy costs were valued using publicly available sources for 
France.\41\ The petitioner calculated factory overhead, SG&A, and 
profit for France based on the average ratios found in the experience 
of a French producer of chemical products.\42\
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    \37\ See France AD Initiation Checklist.
    \38\ See General Issues and France AD Supplement, at Revised 
Exhibit IV-10.
    \39\ Id.
    \40\ Id.
    \41\ Id.
    \42\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of GNA products from France and China are being, 
or are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margin for GNA products for each 
of the countries covered by this initiation are as follows: (1) 
France--76.95 percent; \43\ and (2) China--213.15 percent.\44\
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    \43\ See France AD Initiation Checklist.
    \44\ See China AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the AD Petitions, we find that the 
Petitions meet the requirements of section 732 of the Act. Therefore, 
we are initiating AD investigations to determine whether imports of GNA 
products from France and China are being, or are likely to be, sold in 
the United States at less than fair value. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determinations no later than 140 days after 
the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\45\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
Commerce published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\46\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to these AD investigations.\47\
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    \45\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \46\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \47\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    With respect to France, although Commerce normally relies on import 
data from Customs and Border Protection (CBP) to determine whether to 
select a limited number of producers/exporters for individual 
examination in AD investigations, the petitioner identified only one 
company in France, Jungbunzlauer, S.A., as a producer/exporter of GNA 
products.\48\ The petitioner relied on information from a subscription 
database of shipment data and additional research of publicly-available 
sources as support for its claim that there is only one producer/
exporter of GNA products in France.\49\ We currently know of no 
additional producers/exporters of GNA products from France. 
Accordingly, Commerce intends to examine the sole French producer/
exporter identified in the Petition for the investigation. Parties 
wishing to comment on respondent selection for France must do so within 
five days of the publication of this notice in the Federal Register. 
Any such comments must be submitted no later than 5:00 p.m. ET on the 
due date, and must be filed electronically via ACCESS.
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    \48\ See Volume I of the Petitions, at Exhibit I-5B.
    \49\ Id.; see also Volume IV of the Petitions, at 1.
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    With respect to China, the petitioner named 82 producers/exporters 
as accounting for the majority of exports of GNA products to the United 
States from China.\50\ In accordance with our standard practice for 
respondent selection in AD cases involving NME countries, we intend to 
issue quantity and value (Q&V) questionnaires to producers/exporters of 
merchandise subject to the investigation and, if necessary, base 
respondent selection on the responses received. For this investigation, 
Commerce will request Q&V information from known Chinese exporters and 
producers identified, with complete contact information, in the 
Petition. In addition, Commerce will post the Q&V questionnaire along 
with filing instructions on the Enforcement and Compliance website at 
http://www.trade.gov/enforcement/news.asp.
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    \50\ See General Issues and China AD Supplement, at Revised 
Exhibit I-5A.
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    Producers/exporters of GNA products from China that do not receive 
Q&V questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement & Compliance's website. The Q&V response must be submitted 
by the relevant Chinese exporters/producers no later than 5:00 p.m. ET 
on January 4, 2018. All Q&V responses must be filed electronically via 
ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\51\ 
The specific requirements for submitting a separate-rate application in 
China investigation are outlined in detail in the application itself, 
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\52\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V response will not receive separate-rate consideration.
---------------------------------------------------------------------------

    \51\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \52\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which

[[Page 521]]

supplied subject merchandise to it during the period of 
investigation. This practice applies both to mandatory respondents 
receiving an individually calculated separate rate as well as the 
pool of non-investigated firms receiving the weighted-average of the 
individually calculated rates. This practice is referred to as the 
application of ``combination rates'' because such rates apply to 
specific combinations of exporters and one or more producers. The 
cash-deposit rate assigned to an exporter will apply only to 
merchandise both exported by the firm in question and produced by a 
firm that supplied the exporter during the period of 
investigation.\53\
---------------------------------------------------------------------------

    \53\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of France and China via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of GNA products from France and/or China are 
materially injuring or threatening material injury to a U.S. industry. 
A negative ITC determination for any country will result in the 
investigation being terminated with respect to that country.\54\ 
Otherwise, the investigations will proceed according to statutory and 
regulatory time limits.
---------------------------------------------------------------------------

    \54\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\55\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\56\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
---------------------------------------------------------------------------

    \55\ See 19 CFR 351.301(b).
    \56\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\57\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\58\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \57\ See section 782(b) of the Act.
    \58\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: December 20, 2017.
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

Scope of the Investigations

    The scope of these investigations covers all grades of sodium 
gluconate, gluconic acid, liquid gluconate, and glucono delta 
lactone (GDL) (collectively GNA Products), regardless of physical 
form (including, but not limited to substrates; solutions; dry 
granular form or powders, regardless of particle size; or as a 
slurry). The scope also includes GNA Products that have been blended 
or are in solution with other product(s) where the resulting mix 
contains 35 percent or more of sodium gluconate, gluconic acid, 
liquid gluconate, and/or GDL by dry weight.
    Sodium gluconate has a molecular formula of 
NaC6H11O7. Sodium gluconate has a 
Chemical Abstract Service (CAS) registry number of 527-07-1, and can 
also be called ``sodium salt of gluconic acid'' and/or sodium 2, 3, 
4, 5, 6 pentahydroxyhexanoate. Gluconic acid has a molecular formula 
of C6H12O7. Gluconic acid has a CAS 
registry number of 526-95-4, and can also be called 2, 3, 4, 5, 6 
pentahydroxycaproic acid. Liquid gluconate is a blend consisting 
only of gluconic acid and sodium gluconate in an aqueous solution. 
Liquid gluconate has CAS registry numbers of 527-07-1, 526-95-4, and 
7732-18-5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic 
acid-hexanoate. GDL has a molecular formula of 
C6H10O6. GDL has a CAS registry 
number of 90-80-2, and can also be called d-glucono-1,5-lactone.
    The merchandise covered by the scope of these investigations is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheadings 2918.16.1000, 2918.16.5010, and 
2932.20.5020. Merchandise covered by the scope may also enter under 
HTSUS subheadings 2918.16.5050, 3824.99.2890, and 3824.99.9295. 
Although the HTSUS subheadings and CAS registry numbers are

[[Page 522]]

provided for convenience and customs purposes, the written 
description of the merchandise is dispositive.

[FR Doc. 2017-28430 Filed 1-3-18; 8:45 am]
BILLING CODE 3510-DS-P



                                               516                           Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices

                                                  The scope of the investigation excludes the          hardwood and hardwood plywood                          4412.32.3255; 4412.32.3265; 4412.32.3275;
                                               following items: (1) Structural plywood (also           components that have been cut-to-final                 4412.32.3285; 4412.32.5700; 4412.94.1030;
                                               known as ‘‘industrial plywood’’ or                      dimensional shape/size, painted or stained             4412.94.1050; 4412.94.3105; 4412.94.3111;
                                               ‘‘industrial panels’’) that is manufactured to          prior to importation, and stacked within a             4412.94.3121; 4412.94.3141; 4412.94.3161;
                                               meet U.S. Products Standard PS 1–09, PS 2–              single shipping package, except for furniture          4412.94.3175; 4412.94.4100; 4412.99.0600;
                                               09, or PS 2–10 for Structural Plywood                   feet which may be packed and shipped                   4412.99.1020; 4412.99.1030; 4412.99.1040;
                                               (including any revisions to that standard or            separately.                                            4412.99.3110; 4412.99.3120; 4412.99.3130;
                                               any substantially equivalent international                 Excluded from the scope of this                     4412.99.3140; 4412.99.3150; 4412.99.3160;
                                               standard intended for structural plywood),              investigation are kitchen cabinets that, at the        4412.99.3170; 4412.99.4100; 4412.99.5115;
                                               and which has both a face and a back veneer             time of importation, are fully assembled and           and 4412.99.5710.
                                               of coniferous wood; (2) products which have             are ready for their intended uses. Also                  Imports of hardwood plywood may also
                                               a face and back veneer of cork; (3)                     excluded from the scope of this investigation          enter under HTSUS subheadings
                                               multilayered wood flooring, as described in             are RTA kitchen cabinets. RTA kitchen                  4412.99.6000; 4412.99.7000; 4412.99.8000;
                                               the antidumping duty and countervailing                 cabinets are defined as kitchen cabinets               4412.99.9000; 4412.10.9000; 4412.94.5100;
                                               duty orders on Multilayered Wood Flooring               packaged for sale for ultimate purchase by an          4412.94.9500; and 4412.99.9500. While the
                                               from the People’s Republic of China, Import             end-user that, at the time of importation,             HTSUS subheadings are provided for
                                               Administration, International Trade                     includes (1) all wooden components (in                 convenience and customs purposes, the
                                               Administration. See Multilayered Wood                   finished form) required to assemble a                  written description of the scope of this
                                               Flooring from the People’s Republic of China,           finished unit of cabinetry, (2) all accessory          investigation is dispositive.
                                               76 FR 76690 (December 8, 2011) (amended                 parts (e.g., screws, washers, dowels, nails,           [FR Doc. 2017–28481 Filed 1–3–18; 8:45 am]
                                               final determination of sales at less than fair          handles, knobs, hooks, adhesive glues)
                                                                                                                                                              BILLING CODE 3510–DS–P
                                               value and antidumping duty order), and                  required to assemble a finished unit of
                                               Multilayered Wood Flooring from the                     cabinetry, and (3) instructions providing
                                               People’s Republic of China, 76 FR 76693                 guidance on the assembly of a finished unit
                                               (December 8, 2011) (countervailing duty                 of cabinetry.                                          DEPARTMENT OF COMMERCE
                                               order), as amended by Multilayered Wood                    Excluded from the scope of this
                                               Flooring from the People’s Republic of China:           investigation are finished table tops, which           International Trade Administration
                                               Amended Antidumping and Countervailing                  are table tops imported in finished form with          [A–427–829, A–570–071]
                                               Duty Orders, 77 FR 5484 (February 3, 2012);             pre-cut or drilled openings to attach the
                                               (4) multilayered wood flooring with a face              underframe or legs. The table tops are ready           Sodium Gluconate, Gluconic Acid, and
                                               veneer of bamboo or composed entirely of                for use at the time of import and require no
                                               bamboo; (5) plywood which has a shape or                further finishing or processing.
                                                                                                                                                              Derivative Products From France and
                                               design other than a flat panel, with the                   Excluded from the scope of this                     the People’s Republic of China:
                                               exception of any minor processing described             investigation are finished countertops that            Initiation of Less-Than-Fair-Value
                                               above; (6) products made entirely from                  are imported in finished form and require no           Investigations
                                               bamboo and adhesives (also known as ‘‘solid             further finishing or manufacturing.
                                               bamboo’’); and (7) Phenolic Film Faced                     Excluded from the scope of this
                                                                                                                                                              AGENCY:  Enforcement and Compliance,
                                               Plyform (PFF), also known as Phenolic                   investigation are laminated veneer lumber              International Trade Administration,
                                               Surface Film Plywood (PSF), defined as a                door and window components with (1) a                  Department of Commerce.
                                               panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’            maximum width of 44 millimeters, a                     DATES: Applicable December 20, 2017.
                                               bond classification as is defined by The                thickness from 30 millimeters to 72
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                               Engineered Wood Association, having an                  millimeters, and a length of less than 2413
                                               opaque phenolic film layer with a weight                millimeters (2) water boiling point exterior           Stephen Bailey at (202) 482–0193 and
                                               equal to or greater than 90g/m3 permanently             adhesive, (3) a modulus of elasticity of               Maliha Khan at (202) 482–0895
                                               bonded on both the face and back veneers                1,500,000 pounds per square inch or higher,            (France), Jeffrey Pedersen at (202) 482–
                                               and an opaque, moisture resistant coating               (4) finger-jointed or lap-jointed core veneer          2769 and Celeste Chen at (202) 482–
                                               applied to the edges.                                   with all layers oriented so that the grain is          0890 (the People’s Republic of China
                                                  Excluded from the scope of this                      running parallel or with no more than 3                (China)), AD/CVD Operations,
                                               investigation are wooden furniture goods                dispersed layers of veneer oriented with the           Enforcement and Compliance,
                                               that, at the time of importation, are fully             grain running perpendicular to the other               International Trade Administration,
                                               assembled and are ready for their intended              layers; and (5) top layer machined with a
                                                                                                                                                              U.S. Department of Commerce, 1401
                                               uses. Also excluded from the scope of this              curved edge and one or more profile
                                               investigation is ‘‘ready to assemble’’ (RTA)            channels throughout.                                   Constitution Avenue NW, Washington,
                                               furniture. RTA furniture is defined as (A)                 Imports of hardwood plywood are                     DC 20230.
                                               furniture packaged for sale for ultimate                primarily entered under the following                  SUPPLEMENTARY INFORMATION:
                                               purchase by an end-user that, at the time of            Harmonized Tariff Schedule of the United
                                               importation, includes (1) all wooden                    States (HTSUS) subheadings: 4412.10.0500;              The Petitions
                                               components (in finished form) required to               4412.31.0520; 4412.31.0540; 4412.31.0560;                On November 30, 2017, the U.S.
                                               assemble a finished unit of furniture, (2) all          4412.31.0620; 4412.31.0640; 4412.31.0660;              Department of Commerce (Commerce)
                                               accessory parts (e.g., screws, washers,                 4412.31.2510; 4412.31.2520; 4412.31.2610;              received antidumping duty (AD)
                                               dowels, nails, handles, knobs, adhesive                 4412.31.2620; 4412.31.4040; 4412.31.4050;              Petitions concerning imports of sodium
                                               glues) required to assemble a finished unit of          4412.31.4060; 4412.31.4075; 4412.31.4080;
                                               furniture, and (3) instructions providing               4412.31.4140; 4412.31.4150; 4412.31.4160;
                                                                                                                                                              gluconate, gluconic acid, and derivative
                                               guidance on the assembly of a finished unit             4412.31.4180; 4412.31.5125; 4412.31.5135;              products (GNA products) from France
                                               of furniture; (B) unassembled bathroom                  4412.31.5155; 4412.31.5165; 4412.31.5175;              and China, filed in proper form on
                                               vanity cabinets, having a space for one or              4412.31.5235; 4412.31.5255; 4412.31.5265;              behalf of PMP Fermentation Products,
                                               more sinks, that are imported with all                  4412.31.5275; 4412.31.6000; 4412.31.6100;              Inc. (PMP, the petitioner).1 The AD
                                               unassembled hardwood and hardwood                       4412.31.9100; 4412.31.9200; 4412.32.0520;              Petitions were accompanied by a
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                                               plywood components that have been cut-to-               4412.32.0540; 4412.32.0565; 4412.32.0570;              countervailing duty (CVD) petition
                                               final dimensional component shape/size,                 4412.32.0620; 4412.32.0640; 4412.32.0670;              concerning imports of GNA products
                                               painted or stained prior to importation, and            4412.32.2510; 4412.32.2525; 4412.32.2530;
                                               stacked within a singled shipping package,              4412.32.2610; 4412.32.2630; 4412.32.3125;                 1 See Petitioner’s letter, ‘‘Petition for
                                               except for furniture feet which may be                  4412.32.3135; 4412.32.3155; 4412.32.3165;              Antidumping and Countervailing Duties: Sodium
                                               packed and shipped separately; or (C)                   4412.32.3175; 4412.32.3185; 4412.32.3235;              Gluconate, Gluconic Acid, and Derivative Products
                                               unassembled bathroom vanity linen closets               4412.32.3255; 4412.32.3265; 4412.32.3275;              from the People’s Republic of China and France,’’
                                               that are imported with all unassembled                  4412.32.3285; 4412.32.5600; 4412.32.3235;              dated November 30, 2017 (the Petitions).



                                          VerDate Sep<11>2014   16:16 Jan 03, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\04JAN1.SGM   04JAN1


                                                                             Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices                                                       517

                                               from China. The petitioner is a domestic                Commerce also finds that the petitioner                rebuttal comments, which may include
                                               producer of GNA products.2                              demonstrated sufficient industry                       factual information, must be filed by
                                                  On December 5, 2017, Commerce                        support with respect to the initiation of              5:00 p.m. ET on January 19, 2018, which
                                               requested supplemental information                      the AD investigations that the petitioner              is 10 calendar days from the initial
                                               pertaining to certain areas of the                      is requesting.6                                        comments deadline.10
                                               Petitions.3 The petitioner filed                                                                                  Commerce requests that any factual
                                                                                                       Periods of Investigation
                                               responses to these requests on December                                                                        information the parties consider
                                               7, 2017.4 On December 15, 2017, the                        Because the Petitions were filed on                 relevant to the scope of the
                                               petitioner submitted certain revisions to               November 30, 2017, pursuant to 19 CFR                  investigations be submitted during this
                                               the scope.5                                             351.204(b)(1), the period of                           time period. However, if a party
                                                  In accordance with section 732(b) of                 investigation (POI) for the France                     subsequently finds that additional
                                               the Tariff Act of 1930, as amended (the                 investigation is October 1, 2016 through               factual information pertaining to the
                                               Act), the petitioner alleges that imports               September 30, 2017. Because China is a                 scope of the investigations may be
                                               of GNA products from France and China                   non-market economy (NME) country,                      relevant, the party may contact
                                               are being, or are likely to be, sold in the             pursuant to 19 CFR 351.204(b)(1), the                  Commerce and request permission to
                                               United States at less than fair value                   POI for the China investigation is April               submit the additional information. All
                                               within the meaning of section 731 of the                1, 2017 through September 30, 2017.                    such comments must be filed on the
                                               Act, and that such imports are                          Scope of the Investigations                            records of each of the concurrent AD
                                               materially injuring, or threatening                                                                            and CVD investigations.
                                               material injury to, the domestic industry                 The products covered by these
                                               producing GNA products in the United                    investigations are GNA products from                   Filing Requirements
                                               States. Consistent with section 732(b)(1)               France and China. For a full description                  All submissions to Commerce must be
                                               of the Act, the Petitions are                           of the scope of these investigations, see              filed electronically using Enforcement
                                               accompanied by information reasonably                   the Appendix to this notice.                           and Compliance’s Antidumping Duty
                                               available to the petitioner supporting                  Scope Comments                                         and Countervailing Duty Centralized
                                               their allegations.                                                                                             Electronic Service System (ACCESS).11
                                                                                                          During our review of the Petitions,
                                                  Commerce finds that the petitioner                                                                          An electronically filed document must
                                                                                                       Commerce issued questions to, and
                                               filed the Petitions on behalf of the                                                                           be received successfully in its entirety
                                                                                                       received responses from, the petitioner
                                               domestic industry because the                                                                                  by the time and date it is due.
                                                                                                       pertaining to the proposed scope to
                                               petitioner is an interested party as                    ensure that the scope language in the                  Documents exempted from the
                                               defined in section 771(9)(C) of the Act.                Petitions is an accurate reflection of the             electronic submission requirements
                                                                                                       products for which the domestic                        must be filed manually (i.e., in paper
                                                 2 See  Volume I of the Petitions, at 2.
                                                                                                       industry is seeking relief.7 As a result of            form) with Enforcement and
                                                 3 See  Commerce’s Letters, ‘‘Petitions for the
                                                                                                       these exchanges, the scope of the                      Compliance’s APO/Dockets Unit, Room
                                               Imposition of Antidumping Duties on Imports of
                                               Sodium Gluconate, Gluconic Acid, and Derivative         Petitions was modified to clarify the                  18022, U.S. Department of Commerce,
                                               Products from France and the People’s Republic of       description of merchandise covered by                  1401 Constitution Avenue NW,
                                               China and Countervailing Duties on Imports of           the Petitions. The description of the                  Washington, DC 20230, and stamped
                                               Sodium Gluconate, Gluconic Acid, and Derivative                                                                with the date and time of receipt by the
                                               Products from the People’s Republic of China:           merchandise covered by this initiation,
                                               Supplemental Questions,’’ (General Issues               as described in the Appendix to this                   applicable deadlines.
                                               Supplemental Questionnaire); ‘‘Petition for the         notice, reflects these clarifications.                 Comments on Product Characteristics
                                               Imposition of Antidumping Duties on Imports of             As discussed in the preamble to
                                               Sodium Gluconate, Gluconic Acid and Derivative                                                                 for AD Questionnaires
                                               Products from France: Supplemental Questions;’’
                                                                                                       Commerce’s regulations, we are setting
                                                                                                       aside a period for interested parties to                 Commerce will provide interested
                                               and ‘‘Petition for the Imposition of Antidumping
                                               Duties on Imports of Sodium Gluconate, Gluconic         raise issues regarding product coverage                parties an opportunity to comment on
                                               Acid and Derivative Products from the People’s          (scope).8 Commerce will consider all                   the appropriate physical characteristics
                                               Republic of China: Supplemental Questions.’’ All
                                                                                                       comments received from interested                      of GNA products to be reported in
                                               three of these documents are dated December 5,                                                                 response to Commerce’s AD
                                               2017.                                                   parties and, if necessary, will consult
                                                  4 See Petitioner’s Letters, ‘‘Antidumping Duty       with interested parties prior to the                   questionnaires. This information will be
                                               Investigation of Sodium Gluconate, Gluconic Acid        issuance of the preliminary                            used to identify the key physical
                                               and Derivative Products from the People’s Republic      determinations. If scope comments                      characteristics of the merchandise under
                                               of China: PMP’s Response to the Department’s
                                                                                                       include factual information,9 all such                 consideration in order to report the
                                               Supplemental Questions on the Petition’’ (General                                                              relevant costs of production accurately
                                               Issues and China AD Supplement) and                     factual information should be limited to
                                               ‘‘Antidumping Duty Investigation of Sodium              public information. To facilitate                      as well as to develop appropriate
                                               Gluconate, Gluconic Acid and Derivative Products        preparation of its questionnaires,                     product-comparison criteria.
                                               from France: PMP’s Response to the Department’s
                                                                                                       Commerce requests that all interested                    Interested parties may provide any
                                               Supplemental Questions on the Petition’’ (General                                                              information or comments that they feel
                                               Issues and France AD Supplement). Both of these         parties submit such comments by 5:00
                                               documents are dated December 7, 2017.                   p.m. Eastern Time (ET) on January 9,                   are relevant to the development of an
                                                  5 See Memorandum, ‘‘Petitions for the Imposition
                                                                                                       2018, which is 20 calendar days from
                                                                                                                                                                10 See 19 CFR 351.303(b).
                                               of Antidumping Duties on Imports of Sodium              the signature date of this notice. Any
                                               Gluconate, Gluconic Acid, and Derivative Products                                                                11 See Antidumping and Countervailing Duty
                                               from France and the People’s Republic of China and                                                             Proceedings: Electronic Filing Procedures;
                                                                                                          6 See the ‘‘Determination of Industry Support for
                                               Countervailing Duties on Imports of Sodium                                                                     Administrative Protective Order Procedures, 76 FR
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                                               Gluconate, Gluconic Acid, and Derivative Products       the Petitions’’ section, infra.                        39263 (July 6, 2011); see also Enforcement and
                                                                                                          7 See General Issues Supplemental Questionnaire,
                                               from the People’s Republic of China: Telephone                                                                 Compliance; Change of Electronic Filing System
                                               Conversation with the Petitioner,’’ dated December      at 3–4; see also General Issues and China AD           Name, 79 FR 69046 (November 20, 2014) for details
                                               14, 2017; see also Petitioner’s Letter, ‘‘Sodium        Supplement and General Issues and France AD            of Commerce’s electronic filing requirements,
                                               Gluconate, Gluconic Acid, and Derivative Products       Supplement.                                            effective August 5, 2011. Information on help using
                                                                                                          8 See Antidumping Duties; Countervailing Duties,
                                               from the People’s Republic of China and France:                                                                ACCESS can be found at https://access.trade.gov/
                                               Petitioner’s Amendment to Volume I of                   Final Rule, 62 FR 27296, 27323 (May 19, 1997).         help.aspx and a handbook can be found at https://
                                               Antidumping and Countervailing Duty Petition,’’            9 See 19 CFR 351.102(b)(21) (defining ‘‘factual     access.trade.gov/help/Handbook%20on%20
                                               dated December 15, 2017 (Revised Scope).                information’’).                                        Electronic%20Filling%20Procedures.pdf.



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                                               518                           Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices

                                               accurate list of physical characteristics.              whole of a domestic like product. Thus,                  of the Act, we considered the industry
                                               Specifically, they may provide                          to determine whether a petition has the                  support data contained in the Petitions
                                               comments as to which characteristics                    requisite industry support, the statute                  with reference to the domestic like
                                               are appropriate to use as: (1) General                  directs Commerce to look to producers                    product as defined in the ‘‘Scope of the
                                               product characteristics, and (2) product-               and workers who produce the domestic                     Investigations,’’ in the Appendix to this
                                               comparison criteria. We note that it is                 like product. The International Trade                    notice. To establish industry support,
                                               not always appropriate to use all                       Commission (ITC), which is responsible                   the petitioner provided its own
                                               product characteristics as product-                     for determining whether ‘‘the domestic                   production of the domestic like product
                                               comparison criteria. We base product-                   industry’’ has been injured, must also                   in 2016.15 The petitioner states that
                                               comparison criteria on meaningful                       determine what constitutes a domestic                    there are no other known producers of
                                               commercial differences among products.                  like product in order to define the                      GNA products in the United States;
                                               In other words, although there may be                   industry. While both Commerce and the                    therefore, the Petitions are supported by
                                               some physical product characteristics                   ITC must apply the same statutory                        100 percent of the U.S. industry.16
                                               utilized by manufacturers to describe                   definition regarding the domestic like                      Our review of the data provided in the
                                               GNA products, it may be that only a                     product,12 they do so for different                      Petitions, the supplemental responses,
                                               select few product characteristics take                 purposes and pursuant to a separate and                  and other information readily available
                                               into account commercially meaningful                    distinct authority. In addition,                         to Commerce indicates that the
                                               physical characteristics. In addition,                  Commerce’s determination is subject to                   petitioner has established industry
                                               interested parties may comment on the                   limitations of time and information.                     support for the Petitions.17 First, the
                                               order in which the physical                             Although this may result in different                    Petitions established support from
                                               characteristics should be used in                       definitions of the like product, such                    domestic producers (or workers)
                                               matching products. Generally,                           differences do not render the decision of                accounting for more than 50 percent of
                                               Commerce attempts to list the most                      either agency contrary to law.13                         the total production of the domestic like
                                               important physical characteristics first                   Section 771(10) of the Act defines the                product and, as such, Commerce is not
                                               and the least important characteristics                 domestic like product as ‘‘a product                     required to take further action in order
                                               last.                                                   which is like, or in the absence of like,                to evaluate industry support (e.g.,
                                                  In order to consider the suggestions of              most similar in characteristics and uses                 polling).18 Second, the domestic
                                               interested parties in developing and                    with, the article subject to an                          producers (or workers) have met the
                                               issuing the AD questionnaires, all                      investigation under this title.’’ Thus, the              statutory criteria for industry support
                                               product characteristics comments must                   reference point from which the                           under section 732(c)(4)(A)(i) of the Act
                                               be filed by 5:00 p.m. ET on January 9,                  domestic like product analysis begins is                 because the domestic producers (or
                                               2018. Any rebuttal comments must be                     ‘‘the article subject to an investigation’’              workers) who support the Petitions
                                               filed by 5:00 p.m. ET on January 19,                    (i.e., the class or kind of merchandise to               account for at least 25 percent of the
                                               2018. All comments and submissions to                   be investigated, which normally will be                  total production of the domestic like
                                               Commerce must be filed electronically                   the scope as defined in the Petitions).                  product.19 Finally, the domestic
                                               using ACCESS, as explained above, on                       With regard to the domestic like                      producers (or workers) have met the
                                               the records of the France and China                     product, the petitioner does not offer a                 statutory criteria for industry support
                                               less-than-fair-value investigations.                    definition of the domestic like product                  under section 732(c)(4)(A)(ii) of the Act
                                                                                                       distinct from the scope of the                           because the domestic producers (or
                                               Determination of Industry Support for                   investigations. Based on our analysis of                 workers) who support the Petitions
                                               the Petitions                                           the information submitted on the                         account for more than 50 percent of the
                                                 Section 732(b)(1) of the Act requires                 record, we have determined that GNA                      production of the domestic like product
                                               that a petition be filed on behalf of the               products, as defined in the scope,                       produced by that portion of the industry
                                               domestic industry. Section 732(c)(4)(A)                 constitute a single domestic like product                expressing support for, or opposition to,
                                               of the Act provides that a petition meets               and we have analyzed industry support                    the Petitions.20 Accordingly, Commerce
                                               this requirement if the domestic                        in terms of that domestic like product.14                determines that the Petitions were filed
                                               producers or workers who support the                       In determining whether the petitioner                 on behalf of the domestic industry
                                               petition account for: (i) At least 25                   has standing under section 732(c)(4)(A)                  within the meaning of section 732(b)(1)
                                               percent of the total production of the                                                                           of the Act.
                                               domestic like product; and (ii) more                      12 See  section 771(10) of the Act.                       Commerce finds that the petitioner
                                               than 50 percent of the production of the                  13 See  USEC, Inc. v. United States, 132 F. Supp.      filed the Petitions on behalf of the
                                                                                                       2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                               domestic like product produced by that                  v. United States, 688 F. Supp. 639, 644 (CIT 1988),      domestic industry because it is an
                                               portion of the industry expressing                      aff’d 865 F.2d 240 (Fed. Cir. 1989)).                    interested party as defined in section
                                               support for, or opposition to, the                         14 For a discussion of the domestic like product      771(9)(C) of the Act and it has
                                               petition. Moreover, section 732(c)(4)(D)                analysis, see Antidumping Duty Investigation             demonstrated sufficient industry
                                                                                                       Initiation Checklist: Sodium Gluconate, Gluconic
                                               of the Act provides that, if the petition               Acid, and Derivative Products from the People’s
                                                                                                                                                                support with respect to the AD
                                               does not establish support of domestic                  Republic of China (China AD Initiation Checklist),
                                               producers or workers accounting for                     at Attachment II, Analysis of Industry Support for          15 See Volume I of the Petitions, at 3 and Exhibits

                                               more than 50 percent of the total                       the Antidumping and Countervailing Duty Petitions        I–1A and I–1B.
                                                                                                       Covering Sodium Gluconate, Gluconic Acid, and               16 Id. at 3 and Exhibits I–1A and I–1B; see also
                                               production of the domestic like product,                Derivative Products from the People’s Republic of        General Issues and China AD Supplement, at 7; see
                                               Commerce shall: (i) Poll the industry or                China and France (Attachment II); and                    also General Issues and France AD Supplement, at
                                               rely on other information in order to                   Antidumping Duty Investigation Initiation                7.
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                                               determine if there is support for the                   Checklist: Sodium Gluconate, Gluconic Acid, and             17 See China AD Initiation Checklist and France
                                                                                                       Derivative Products from France (France AD
                                               petition, as required by subparagraph                                                                            AD Initiation Checklist, at Attachment II.
                                                                                                       Initiation Checklist), at Attachment II. These              18 See section 732(c)(4)(D) of the Act; see also
                                               (A); or (ii) determine industry support                 checklists are dated concurrently with, and hereby
                                                                                                       adopted by, this notice and on file electronically via   China AD Initiation Checklist and France AD
                                               using a statistically valid sampling                                                                             Initiation Checklist, at Attachment II.
                                                                                                       ACCESS. Access to documents filed via ACCESS is
                                               method to poll the ‘‘industry.’’                        also available in the Central Records Unit, Room            19 See China AD Initiation Checklist and France
                                                 Section 771(4)(A) of the Act defines                  B8024 of the main Department of Commerce                 AD Initiation Checklist, at Attachment II.
                                               the ‘‘industry’’ as the producers as a                  building.                                                   20 Id.




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                                                                              Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices                                                         519

                                               investigations that it is requesting that               deductions from EP for foreign inland                   as high values in the Thai import data
                                               Commerce initiate.21                                    freight and foreign brokerage and                       for glucose and sodium hydroxide, it
                                                                                                       handling expenses.26                                    instead relied on data for Brazil for
                                               Allegations and Evidence of Material
                                               Injury and Causation                                    Normal Value                                            these two inputs.32 Brazil was on the list
                                                                                                                                                               of potential surrogate countries placed
                                                  The petitioner alleges that the U.S.                    For France, the petitioner was unable                on the record by the petitioner, and the
                                               industry producing the domestic like                    to obtain reliable information relating to              petitioner stated that Brazil had the
                                               product is being materially injured, or is              the prices charged for GNA products in                  largest quantity of imports of these two
                                               threatened with material injury, by                     France or in any third country market.27                inputs.33 Based on the information
                                               reason of the imports of the subject                    Because home market and third country                   provided by the petitioner, we
                                               merchandise sold at less than normal                    prices were not reasonably available, the               determine that it is appropriate to use
                                               value (NV). In addition, the petitioner                 petitioner calculated NV based on                       Thailand as a surrogate country, but rely
                                               alleges that subject imports exceed the                 constructed value (CV). For further                     on the Brazil import data for the glucose
                                               negligibility threshold provided for                    discussion of CV, see the section                       and sodium hydroxide inputs, for
                                               under section 771(24)(A) of the Act.22                  ‘‘Normal Value Based on Constructed                     initiation purposes.
                                                  The petitioner contends that the                     Value’’ below.28
                                               industry’s injured condition is                            With respect to China, Commerce                        Interested parties will have the
                                               illustrated by a significant volume of                  considers China to be a non-market                      opportunity to submit comments
                                               subject imports, reduced market share,                  economy (NME) country.29 In                             regarding surrogate country selection
                                               underselling and price depression or                    accordance with section 771(18)(C)(i) of                and, pursuant to 19 CFR
                                               suppression, lost sales and revenues,                   the Act, any determination that a foreign               351.301(c)(3)(i), will be provided an
                                               and a negative impact on financial                      country is an NME country shall remain                  opportunity to submit publicly available
                                               performance.23 We have assessed the                     in effect until revoked by Commerce.                    information to value FOPs within 30
                                               allegations and supporting evidence                     Therefore, we continue to treat China as                days before the scheduled date of the
                                               regarding material injury, threat of                    an NME country for purposes of the                      preliminary determination.
                                               material injury, and causation, and we                  initiation of this investigation.
                                               have determined that these allegations                  Accordingly, NV in China is                             Factors of Production
                                               are properly supported by adequate                      appropriately based on factors of                          Because information regarding the
                                               evidence, and meet the statutory                        production (FOPs) valued in a surrogate                 volume of inputs consumed by China
                                               requirements for initiation.24                          market economy country, in accordance                   producers/exporters is not available, the
                                                                                                       with section 773(c) of the Act.30 In the                petitioner relied on the production
                                               Allegations of Sales at Less Than Fair
                                                                                                       course of this investigation, all parties,              experience of its GNA products
                                               Value
                                                                                                       and the public, will have the                           production facility in Peoria, Illinois as
                                                  The following is a description of the                opportunity to provide relevant
                                               allegations of sales at less than fair value                                                                    an estimate of Chinese manufacturers’
                                                                                                       information related to the granting of
                                               upon which Commerce based its                                                                                   FOPs.34 The petitioner valued the
                                                                                                       separate rates to individual exporters.
                                               decision to initiate AD investigations of                  The petitioner claims that Thailand is               estimated FOPs using surrogate values
                                               imports of GNA products from France                     an appropriate surrogate country for                    from Thailand for China, except for two
                                               and China. The sources of data for the                  China because it is a market economy                    inputs as noted above.35 The petitioner
                                               deductions and adjustments relating to                  country that is at a level of economic                  used the average POI exchange rate to
                                               U.S. price and NV are discussed in                      development comparable to that of                       convert the data to U.S. dollars.36
                                               greater detail in the country-specific                  China; it is a significant producer of                  Normal Value Based on Constructed
                                               initiation checklists.                                  comparable merchandise; and public                      Value
                                               Export Price                                            information from Thailand is available
                                                                                                       to value all material input factors except                As noted above, the petitioner was
                                                 For both France and China, the                        for the inputs of liquid glucose and                    unable to obtain reliable information
                                               petitioner based its calculation of export              sodium hydroxide.31 The petitioner                      relating to the prices charged for GNA
                                               price (EP) on U.S. imports of sodium                    stated that due to what it characterized                products in France or in any third
                                               gluconate under the Harmonized Tariff                                                                           country market; accordingly, the
                                               Schedule of the United States (HTSUS)                     26 Id.                                                petitioner based NV on CV. Pursuant to
                                               subheading 2918.16.5010 between                           27 See France AD Initiation Checklist.                section 773(e) of the Act, CV consists of
                                               October 2016 and September 2017 for                       28 In accordance with section 505(a) of the Trade     the cost of manufacturing (COM),
                                               France and April 2017 and September                     Preferences Extension Act of 2015, amending
                                                                                                       section 773(b)(2) of the Act, for this investigation,   selling, general, and administrative
                                               2017 for China.25 The petitioner made                   Commerce will request information necessary to          (SG&A) expenses, financial expenses,
                                                 21 Id.
                                                                                                       calculate the CV and cost of production (COP) to        packing expenses, and profit.37 For
                                                                                                       determine whether there are reasonable grounds to       France, the petitioner calculated the
                                                 22 See Volume I of the Petitions, at 16 and Exhibit   believe or suspect that sales of the foreign like
                                               I–9; see also General Issues and China AD               product have been made at prices that represent         COM based on its own input factors of
                                               Supplement, at 7; and General Issues and France         less than the COP of the product. Commerce no           production and usage rates for raw
                                               AD Supplement, at 7.                                    longer requires a COP allegation to conduct this        materials, labor, energy, packing, and a
                                                 23 Id. at 13, 16–32 and Exhibits I–4 and I–9          analysis.
                                               through I–22.                                             29 See Antidumping Duty Investigation of Certain
                                                                                                                                                                 32 See
                                                 24 See China AD Initiation Checklist, at              Aluminum Foil from the People’s Republic of                       Volume II of the Petitions, at 5.
                                                                                                                                                                 33 See  Volume II of the Petitions, at 2–6 and
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                                               Attachment III, Analysis of Allegations and             China: Affirmative Preliminary Determination of
                                               Evidence of Material Injury and Causation for the       Sales at Less-Than-Fair Value and Postponement of       Exhibit II–2.
                                                                                                                                                                  34 See Volume II of the Petitions at 4 and Volume
                                               Antidumping and Countervailing Duty Petitions           Final Determination, 82 FR 50858, 50861
                                               Covering Sodium Gluconate, Gluconic Acid, and           (November 2, 2017), and accompanying decision           IV of the Petitions at 4.
                                               Derivative Products from the People’s Republic of       memorandum, China’s Status as a Non-Market                 35 See General Issues and China AD Supplement,

                                               China and France (Attachment III); see also France      Economy.                                                at Revised Exhibit II–13.
                                               AD Initiation Checklist, at Attachment III.               30 See China AD Initiation Checklist.                    36 See General Issues and China AD Supplement,
                                                 25 See France AD Initiation Checklist and China         31 See Volume II of the Petitions, at 2–3 and         at Revised Exhibit II–22.
                                               AD Initiation Checklist.                                Exhibit II–2.                                              37 See France AD Initiation Checklist.




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                                               520                           Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices

                                               by-product offset.38 The input factors of               material injury by the ITC.46 The                       and Compliance website at http://
                                               production were valued using publicly                   amendments to sections 771(15), 773,                    www.trade.gov/enforcement/news.asp.
                                               available data on costs specific to                     776, and 782 of the Act are applicable                     Producers/exporters of GNA products
                                               France, during the proposed POI.39                      to all determinations made on or after                  from China that do not receive Q&V
                                               Specifically, the prices for raw material               August 6, 2015, and, therefore, apply to                questionnaires by mail may still submit
                                               and packing inputs were based on                        these AD investigations.47                              a response to the Q&V questionnaire
                                               publicly available import data for                                                                              and can obtain a copy of the Q&V
                                                                                                       Respondent Selection                                    questionnaire from Enforcement &
                                               France.40 Labor and energy costs were
                                               valued using publicly available sources                    With respect to France, although                     Compliance’s website. The Q&V
                                               for France.41 The petitioner calculated                 Commerce normally relies on import                      response must be submitted by the
                                               factory overhead, SG&A, and profit for                  data from Customs and Border                            relevant Chinese exporters/producers no
                                               France based on the average ratios                      Protection (CBP) to determine whether                   later than 5:00 p.m. ET on January 4,
                                               found in the experience of a French                     to select a limited number of producers/                2018. All Q&V responses must be filed
                                               producer of chemical products.42                        exporters for individual examination in                 electronically via ACCESS.
                                                                                                       AD investigations, the petitioner
                                               Fair Value Comparisons                                                                                          Separate Rates
                                                                                                       identified only one company in France,
                                                                                                       Jungbunzlauer, S.A., as a producer/                        In order to obtain separate-rate status
                                                 Based on the data provided by the                                                                             in an NME investigation, exporters and
                                                                                                       exporter of GNA products.48 The
                                               petitioner, there is reason to believe that                                                                     producers must submit a separate-rate
                                                                                                       petitioner relied on information from a
                                               imports of GNA products from France                     subscription database of shipment data                  application.51 The specific requirements
                                               and China are being, or are likely to be,               and additional research of publicly-                    for submitting a separate-rate
                                               sold in the United States at less than fair             available sources as support for its claim              application in China investigation are
                                               value. Based on comparisons of EP to                    that there is only one producer/exporter                outlined in detail in the application
                                               NV in accordance with sections 772 and                  of GNA products in France.49 We                         itself, which is available on Commerce’s
                                               773 of the Act, the estimated dumping                   currently know of no additional                         website at http://enforcement.trade.gov/
                                               margin for GNA products for each of the                 producers/exporters of GNA products                     nme/nme-sep-rate.html. The separate-
                                               countries covered by this initiation are                from France. Accordingly, Commerce                      rate application will be due 30 days
                                               as follows: (1) France—76.95 percent; 43                intends to examine the sole French                      after publication of this initiation
                                               and (2) China—213.15 percent.44                         producer/exporter identified in the                     notice.52 Exporters and producers who
                                               Initiation of Less-Than-Fair-Value                      Petition for the investigation. Parties                 submit a separate-rate application and
                                               Investigations                                          wishing to comment on respondent                        have been selected as mandatory
                                                                                                       selection for France must do so within                  respondents will be eligible for
                                                  Based upon the examination of the                    five days of the publication of this                    consideration for separate-rate status
                                               AD Petitions, we find that the Petitions                notice in the Federal Register. Any such                only if they respond to all parts of
                                               meet the requirements of section 732 of                 comments must be submitted no later                     Commerce’s AD questionnaire as
                                               the Act. Therefore, we are initiating AD                than 5:00 p.m. ET on the due date, and                  mandatory respondents. Commerce
                                               investigations to determine whether                     must be filed electronically via                        requires that companies from China
                                               imports of GNA products from France                     ACCESS.                                                 submit a response to both the Q&V
                                               and China are being, or are likely to be,                  With respect to China, the petitioner                questionnaire and the separate-rate
                                               sold in the United States at less than fair             named 82 producers/exporters as                         application by the respective deadlines
                                               value. In accordance with section                       accounting for the majority of exports of               in order to receive consideration for
                                               733(b)(1)(A) of the Act and 19 CFR                      GNA products to the United States from                  separate-rate status. Companies not
                                               351.205(b)(1), unless postponed, we will                China.50 In accordance with our                         filing a timely Q&V response will not
                                               make our preliminary determinations no                  standard practice for respondent                        receive separate-rate consideration.
                                               later than 140 days after the date of this              selection in AD cases involving NME                     Use of Combination Rates
                                               initiation.                                             countries, we intend to issue quantity
                                                                                                       and value (Q&V) questionnaires to                          Commerce will calculate combination
                                                  Under the Trade Preferences                                                                                  rates for certain respondents that are
                                               Extension Act of 2015, numerous                         producers/exporters of merchandise
                                                                                                       subject to the investigation and, if                    eligible for a separate rate in an NME
                                               amendments to the AD and CVD laws                                                                               investigation. The Separate Rates and
                                               were made.45 The 2015 law does not                      necessary, base respondent selection on
                                                                                                       the responses received. For this                        Combination Rates Bulletin states:
                                               specify dates of application for those
                                               amendments. On August 6, 2015,                          investigation, Commerce will request                      {w}hile continuing the practice of
                                                                                                       Q&V information from known Chinese                      assigning separate rates only to exporters, all
                                               Commerce published an interpretative
                                                                                                       exporters and producers identified, with                separate rates that the Department will now
                                               rule, in which it announced the                                                                                 assign in its NME Investigation will be
                                               applicability dates for each amendment                  complete contact information, in the
                                                                                                                                                               specific to those producers that supplied the
                                               to the Act, except for amendments                       Petition. In addition, Commerce will
                                                                                                                                                               exporter during the period of investigation.
                                               contained in section 771(7) of the Act,                 post the Q&V questionnaire along with                   Note, however, that one rate is calculated for
                                               which relate to determinations of                       filing instructions on the Enforcement                  the exporter and all of the producers which
                                                                                                          46 See Dates of Application of Amendments to the
                                                  38 See General Issues and France AD Supplement,                                                                51 See Policy Bulletin 05.1: Separate-Rates
                                                                                                       Antidumping and Countervailing Duty Laws Made           Practice and Application of Combination Rates in
                                               at Revised Exhibit IV–10.                               by the Trade Preferences Extension Act of 2015, 80
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                                                  39 Id.                                                                                                       Antidumping Investigation involving Non-Market
                                                                                                       FR 46793 (August 6, 2015).                              Economy Countries (April 5, 2005), available at
                                                  40 Id.                                                  47 Id. at 46794–95. The 2015 amendments may be
                                                  41 Id.
                                                                                                                                                               http://enforcement.trade.gov/policy/bull05-1.pdf
                                                                                                       found at https://www.congress.gov/bill/114th-           (Policy Bulletin 05.1).
                                                  42 Id.                                               congress/house-bill/1295/text/pl.                         52 Although in past investigations this deadline
                                                  43 See France AD Initiation Checklist.                  48 See Volume I of the Petitions, at Exhibit I–5B.
                                                                                                                                                               was 60 days, consistent with 19 CFR 351.301(a),
                                                  44 See China AD Initiation Checklist.                   49 Id.; see also Volume IV of the Petitions, at 1.
                                                                                                                                                               which states that ‘‘the Secretary may request any
                                                  45 See Trade Preferences Extension Act of 2015,         50 See General Issues and China AD Supplement,       person to submit factual information at any time
                                               Public Law 114–27, 129 Stat. 362 (2015).                at Revised Exhibit I–5A.                                during a proceeding,’’ this deadline is now 30 days.



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                                                                                Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices                                                    521

                                               supplied subject merchandise to it during the             factual information already on the                      the applicable revised certification
                                               period of investigation. This practice applies            record, to provide an explanation                       requirements.
                                               both to mandatory respondents receiving an                identifying the information already on
                                               individually calculated separate rate as well                                                                     Notification to Interested Parties
                                               as the pool of non-investigated firms
                                                                                                         the record that the factual information
                                                                                                         seeks to rebut, clarify, or correct.56 Time               Interested parties must submit
                                               receiving the weighted-average of the
                                               individually calculated rates. This practice is           limits for the submission of factual                    applications for disclosure under APO
                                               referred to as the application of ‘‘combination           information are addressed in 19 CFR                     in accordance with 19 CFR 351.305. On
                                               rates’’ because such rates apply to specific              351.301, which provides specific time                   January 22, 2008, Commerce published
                                               combinations of exporters and one or more                 limits based on the type of factual                     Antidumping and Countervailing Duty
                                               producers. The cash-deposit rate assigned to              information being submitted. Interested                 Proceedings: Documents Submission
                                               an exporter will apply only to merchandise                                                                        Procedures; APO Procedures, 73 FR
                                                                                                         parties should review the regulations
                                               both exported by the firm in question and                                                                         3634 (January 22, 2008). Parties wishing
                                               produced by a firm that supplied the exporter             prior to submitting factual information
                                               during the period of investigation.53                     in these investigations.                                to participate in these investigations
                                                                                                                                                                 should ensure that they meet the
                                               Distribution of Copies of the Petitions                   Extensions of Time Limits                               requirements of these procedures (e.g.,
                                                 In accordance with section                                 Parties may request an extension of                  the filing of letters of appearance as
                                               732(b)(3)(A)(i) of the Act and 19 CFR                     time limits before the expiration of a                  discussed at 19 CFR 351.103(d)).
                                               351.202(f), copies of the public version                  time limit established under 19 CFR                       This notice is issued and published
                                               of the Petitions have been provided to                    351.301, or as otherwise specified by the               pursuant to sections 732(c)(2) and 777(i)
                                               the governments of France and China                       Secretary. In general, an extension                     of the Act, and 19 CFR 351.203(c).
                                               via ACCESS. To the extent practicable,                    request will be considered untimely if it                 Dated: December 20, 2017.
                                               we will attempt to provide a copy of the                  is filed after the expiration of the time               Gary Taverman,
                                               public version of the Petitions to each                   limit established under 19 CFR 351.301.                 Deputy Assistant Secretary for Antidumping
                                               exporter named in the Petitions, as                       For submissions that are due from                       and Countervailing Duty Operations
                                               provided under 19 CFR 351.203(c)(2).                      multiple parties simultaneously, an                     performing the non-exclusive functions and
                                                                                                         extension request will be considered                    duties of the Assistant Secretary for
                                               ITC Notification                                          untimely if it is filed after 10:00 a.m. ET             Enforcement and Compliance.
                                                 We will notify the ITC of our                           on the due date. Under certain                          Appendix
                                               initiation, as required by section 732(d)                 circumstances, we may elect to specify
                                               of the Act.                                               a different time limit by which                         Scope of the Investigations
                                                                                                         extension requests will be considered                      The scope of these investigations covers all
                                               Preliminary Determinations by the ITC                                                                             grades of sodium gluconate, gluconic acid,
                                                                                                         untimely for submissions which are due
                                                  The ITC will preliminarily determine,                  from multiple parties simultaneously. In                liquid gluconate, and glucono delta lactone
                                               within 45 days after the date on which                    such a case, we will inform parties in                  (GDL) (collectively GNA Products),
                                               the Petitions were filed, whether there                                                                           regardless of physical form (including, but
                                                                                                         the letter or memorandum setting forth                  not limited to substrates; solutions; dry
                                               is a reasonable indication that imports                   the deadline (including a specified time)               granular form or powders, regardless of
                                               of GNA products from France and/or                        by which extension requests must be                     particle size; or as a slurry). The scope also
                                               China are materially injuring or                          filed to be considered timely. An                       includes GNA Products that have been
                                               threatening material injury to a U.S.                     extension request must be made in a                     blended or are in solution with other
                                               industry. A negative ITC determination                    separate, stand-alone submission; under                 product(s) where the resulting mix contains
                                               for any country will result in the                        limited circumstances we will grant                     35 percent or more of sodium gluconate,
                                               investigation being terminated with                       untimely-filed requests for the extension               gluconic acid, liquid gluconate, and/or GDL
                                               respect to that country.54 Otherwise, the                                                                         by dry weight.
                                                                                                         of time limits. Parties should review
                                               investigations will proceed according to                                                                             Sodium gluconate has a molecular formula
                                                                                                         Extension of Time Limits; Final Rule, 78                of NaC6H11O7. Sodium gluconate has a
                                               statutory and regulatory time limits.                     FR 57790 (September 20, 2013),                          Chemical Abstract Service (CAS) registry
                                               Submission of Factual Information                         available at http://www.gpo.gov/fdsys/                  number of 527–07–1, and can also be called
                                                                                                         pkg/FR-2013-09-20/html/2013-                            ‘‘sodium salt of gluconic acid’’ and/or
                                                  Factual information is defined in 19                   22853.htm, prior to submitting factual                  sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate.
                                               CFR 351.102(b)(21) as: (i) Evidence                       information in these investigations.                    Gluconic acid has a molecular formula of
                                               submitted in response to questionnaires;                                                                          C6H12O7. Gluconic acid has a CAS registry
                                               (ii) evidence submitted in support of                     Certification Requirements                              number of 526–95–4, and can also be called
                                               allegations; (iii) publicly available                       Any party submitting factual                          2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid
                                               information to value factors under 19                                                                             gluconate is a blend consisting only of
                                                                                                         information in an AD or CVD                             gluconic acid and sodium gluconate in an
                                               CFR 351.408(c) or to measure the                          proceeding must certify to the accuracy                 aqueous solution. Liquid gluconate has CAS
                                               adequacy of remuneration under 19 CFR                     and completeness of that information.57                 registry numbers of 527–07–1, 526–95–4, and
                                               351.511(a)(2); (iv) evidence placed on                    Parties must use the certification                      7732–18–5, and can also be called 2, 3, 4, 5,
                                               the record by Commerce; and (v)                           formats provided in 19 CFR                              6-pentahydroxycaproic acid-hexanoate. GDL
                                               evidence other than factual information                   351.303(g).58 Commerce intends to                       has a molecular formula of C6H10O6. GDL has
                                               described in (i)–(iv). 19 CFR 351.301(b)                  reject factual submissions if the                       a CAS registry number of 90–80–2, and can
                                               requires any party, when submitting                       submitting party does not comply with                   also be called d-glucono-1,5-lactone.
                                               factual information, to specify under                                                                                The merchandise covered by the scope of
                                               which subsection of 19 CFR                                                                                        these investigations is currently classified in
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                                                                                                           56 See 19 CFR 351.301(b)(2).
                                                                                                                                                                 the Harmonized Tariff Schedule of the
                                               351.102(b)(21) the information is being                     57 See section 782(b) of the Act.
                                                                                                                                                                 United States (HTSUS) under subheadings
                                               submitted 55 and, if the information is                     58 See also Certification of Factual Information to
                                                                                                                                                                 2918.16.1000, 2918.16.5010, and
                                               submitted to rebut, clarify, or correct                   Import Administration During Antidumping and
                                                                                                         Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                                                                                 2932.20.5020. Merchandise covered by the
                                                                                                         17, 2013) (Final Rule). Answers to frequently asked     scope may also enter under HTSUS
                                                 53 See   Policy Bulletin 05.1 at 6 (emphasis added).    questions regarding the Final Rule are available at     subheadings 2918.16.5050, 3824.99.2890,
                                                 54 Id.
                                                                                                         http://enforcement.trade.gov/tlei/notices/factual_      and 3824.99.9295. Although the HTSUS
                                                 55 See   19 CFR 351.301(b).                             info_final_rule_FAQ_07172013.pdf.                       subheadings and CAS registry numbers are



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                                               522                           Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Notices

                                               provided for convenience and customs                    ITC published its final determination in               based on the net countervailable
                                               purposes, the written description of the                the Federal Register.3                                 subsidy rates for the subject
                                               merchandise is dispositive.                                                                                    merchandise. These instructions will
                                                                                                       Scope of the Order
                                               [FR Doc. 2017–28430 Filed 1–3–18; 8:45 am]                                                                     remain in effect until further notice.
                                               BILLING CODE 3510–DS–P                                     The product covered by these orders
                                                                                                       is biodiesel from Argentina and                        Subsidy Rates
                                                                                                       Indonesia. For a complete description of                 Commerce will also instruct CBP to
                                               DEPARTMENT OF COMMERCE                                  the scope of these orders, see the                     require cash deposits equal to the
                                                                                                       Appendix to this notice.                               amounts as indicated below. The all-
                                               International Trade Administration                                                                             others rate applies to all producers or
                                                                                                       Countervailing Duty Orders
                                                                                                                                                              exporters not specifically listed, as
                                               [C–357–821 and C–560–831]                                  In accordance with sections                         appropriate.
                                                                                                       705(b)(1)(A)(i) and 705(d) of the Act, the
                                               Biodiesel From the Republic of                          ITC notified Commerce of its final                       Exporters/Producers from                  Subsidy rate
                                               Argentina and the Republic of                           determination that an industry in the                           Argentina                              %
                                               Indonesia: Countervailing Duty Orders                   United States is materially injured by
                                                                                                       reason of subsidized imports of                        LDC Argentina S.A 6 .............                  72.28
                                               AGENCY:  Enforcement and Compliance,                                                                           Vicentin S.A.I.C 7 ..................              71.45
                                               International Trade Administration,                     biodiesel from Argentina and
                                                                                                                                                              All Others ..............................          71.87
                                               Department of Commerce.                                 Indonesia.4 Therefore, in accordance                   Wilmar Trading Co., Ltd .......                    34.45
                                               SUMMARY: Based on affirmative final                     with section 705(c)(2) of the Act, we are              PT Musim Mas .....................                 64.73
                                               determinations by the Department of                     issuing these CVD orders.                              All Others ..............................          38.95
                                               Commerce (Commerce) and the                                Because the ITC determined that
                                               International Trade Commission (ITC),                   imports of biodiesel from Argentina and                Notification to Interested Parties
                                               Commerce is issuing countervailing                      Indonesia are materially injuring a U.S.
                                                                                                       industry, unliquidated entries of such                   This notice constitutes the CVD
                                               duty (CVD) orders on biodiesel from the                                                                        orders with respect to biodiesel from
                                               Republic of Argentina (Argentina) and                   merchandise from Argentina and
                                                                                                       Indonesia, entered or withdrawn from                   Argentina and Indonesia, pursuant to
                                               the Republic of Indonesia (Indonesia).                                                                         section 706(a) of the Act. Interested
                                                                                                       warehouse for consumption, are subject
                                               DATES: Applicable January 4, 2018.                                                                             parties can find a list of CVD orders
                                                                                                       to the assessment of countervailing
                                               FOR FURTHER INFORMATION CONTACT:                        duties. Therefore, in accordance with                  currently in effect at http://
                                               Kathryn Wallace (Argentina) or Gene                     section 706(a) of the Act, Commerce                    enforcement.trade.gov/stats/
                                               Calvert (Indonesia); AD/CVD                             will direct U.S. Customs and Border                    iastats1.html.
                                               Operations, Office VII, Enforcement and                 Protection (CBP) to assess, upon further                 These orders are issued and published
                                               Compliance, International Trade                         instruction by Commerce,                               in accordance with section 706(a) of the
                                               Administration, U.S. Department of                      countervailing duties for all relevant                 Act and 19 CFR 351.211(b).
                                               Commerce, 1401 Constitution Avenue                      entries of biodiesel from Argentina and                  Dated: December 28, 2017.
                                               NW, Washington, DC 20230; telephone:                    Indonesia in an amount equal to the net                P. Lee Smith,
                                               (202) 482–6251, or (202) 482–3586,                      countervailable subsidy rates for the                  Deputy Assistant Secretary for Policy and
                                               respectively.                                           subject merchandise. Countervailing                    Negotiations.
                                               SUPPLEMENTARY INFORMATION:                              duties will be assessed on unliquidated
                                                                                                       entries of biodiesel from Argentina and                Appendix
                                               Background                                              Indonesia entered, or withdrawn from                   Scope of the Orders
                                                  In accordance with section 705(d) of                 warehouse for consumption, on or after                    The product covered by these orders is
                                               the Tariff Act of 1930, as amended (the                 August 28, 2017, the date on which                     biodiesel, which is a fuel comprised of mono-
                                               Act), on November 16, 2017, Commerce                    Commerce published its preliminary                     alkyl esters of long chain fatty acids derived
                                               published its affirmative final                         determinations in the Federal Register.5               from vegetable oils or animal fats, including
                                               determinations in the CVD                                                                                      biologically-based waste oils or greases, and
                                                                                                       Continuation of Suspension of                          other biologically-based oil or fat sources.
                                               investigations of biodiesel from                        Liquidation                                            These orders cover biodiesel in pure form
                                               Argentina and Indonesia.1 On December                                                                          (B100) as well as fuel mixtures containing at
                                               21, 2017, the ITC notified Commerce of                    In accordance with section 706 of the
                                                                                                                                                              least 99 percent biodiesel by volume (B99).
                                               its affirmative final determination,                    Act, Commerce will direct CBP to
                                                                                                                                                              For fuel mixtures containing less than 99
                                               pursuant to section 705(d) of the Act,                  continue to suspend liquidation of all                 percent biodiesel by volume, only the
                                               that an industry in the United States is                relevant entries of biodiesel from                     biodiesel component of the mixture is
                                               materially injured within the meaning                   Argentina and Indonesia, and to assess,                covered by the scope of these orders.
                                               of section 705(b)(1)(A)(i) of the Act, by               upon further instruction by Commerce                      Biodiesel is generally produced to
                                               reason of subsidized imports of                         pursuant to 706(a)(1) of the Act,                      American Society for Testing and Materials
                                               biodiesel from Argentina and                            countervailing duties for each entry of                International (ASTM) D6751 specifications,
                                                                                                       the subject merchandise in an amount                   but it can also be made to other
                                               Indonesia.2 On December 28, 2017, the                                                                          specifications. Biodiesel commonly has one
                                                 1 See Biodiesel from the Republic of Argentina:       TA–571–572 and 731–TA–1347–1348 (Final)
                                                                                                                                                              of the following Chemical Abstracts Service
                                                                                                       (December 2017).                                       (CAS) numbers, generally depending upon
                                               Final Affirmative Countervailing Duty
                                               Determination, 82 FR 53477 (November 16, 2017)            3 See Biodiesel from Argentina and Indonesia;        the feedstock used: 67784–80–9 (soybean oil
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                                               (Argentina Final Determination); see also Biodiesel     Determinations, 82 FR 61585 (December 28, 2017).
                                               from the Republic of Indonesia: Final Affirmative         4 See Notification of ITC Final Determination.         6 In the final determination, Commerce found the

                                               Countervailing Duty Determination, 82 FR 53471            5 See Biodiesel from Argentina: Preliminary          following companies to be cross-owned with LDC
                                               (November 16, 2017) (Indonesia Final                    Affirmative Countervailing Duty Determination and      Argentina S.A.: LDC Semillas S.A., Semillas del
                                               Determination).                                         Preliminary Affirmative Critical Circumstances         Rosario S.A.
                                                 2 See Letter from the ITC to the Honorable Gary       Determination, In Part, 82 FR 40748 (August 28,          7 In the final determination, Commerce found the

                                               Taverman, dated December 21, 2017 (Notification of      2017); Biodiesel from the Republic of Indonesia:       following companies to be cross-owned with
                                               ITC Final Determination); see also Biodiesel from       Preliminary Affirmative Countervailing Duty            Vicentin S.A.I.C.: Oleaginosa San Lorenzo S.A., Los
                                               Argentina and Indonesia, Investigation Nos. 701–        Determination, 82 FR 40746 (August 28, 2017).          Amores S.A.



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Document Created: 2018-01-04 02:02:14
Document Modified: 2018-01-04 02:02:14
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 December 20, 2017.
ContactStephen Bailey at (202) 482-0193 and Maliha Khan at (202) 482-0895 (France), Jeffrey Pedersen at (202) 482- 2769 and Celeste Chen at (202) 482-0890 (the People's Republic of China (China)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 516 

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