83_FR_53657 83 FR 53452 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less Than Fair Value Investigation

83 FR 53452 - Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less Than Fair Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53452-53453
FR Document2018-23100

The Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair- value (LTFV) investigation of laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) until February 25, 2019, and is extending the provisional measures from a four-month period to a period of not more than six months. DATE: Applicable October 23, 2018.

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53452-53453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23100]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Postponement of Final Determination of Sales at Less Than Fair Value 
Investigation

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

SUMMARY: The Department of Commerce (Commerce) is postponing the 
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of laminated woven sacks (LWS) from the 
Socialist Republic of Vietnam (Vietnam) until February 25, 2019, and is 
extending the provisional measures from a four-month period to a period 
of not more than six months.
    DATE: Applicable October 23, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 27, 2018, Commerce initiated a LTFV investigation of 
imports of LWS from Vietnam.\1\ The period of investigation is July 1, 
2017, through December 31, 2017. On October

[[Page 53453]]

11, 2018, Commerce published its Preliminary Determination in this LTFV 
investigation of LWS from Vietnam.\2\
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    \1\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Initiation of Less-Than-Fair-Value Investigation, 83 FR 
14257 (April 3, 2018).
    \2\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Preliminary Determination of Sales at Less Than Fair Value, 
83 FR 51436 (October 11, 2018) (Preliminary Determination).
---------------------------------------------------------------------------

Postponement of Final Determination

    Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.210(b)(2) provide that a final determination may be 
postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by the exporters or producers who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that 
such postponement requests by exporters be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
of not more than six months, in accordance with section 733(d) of the 
Act.
    On October 2, 2018, Duong Vinh Hoa Packaging Company Limited, a 
mandatory respondent in this investigation, requested that Commerce 
postpone the deadline for the final determination until no later than 
135 days from the publication of the Preliminary Determination, and 
extend the application of the provisional measures from a four-month 
period to a period of not more than six months.\3\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because 
(1) the preliminary determination was affirmative; (2) the request was 
made by the exporters and producers who account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination until no later than 135 days after the date of the 
publication of the Preliminary Determination, and extending the 
provisional measures from a four-month period to a period of not more 
than six months. Accordingly, Commerce will issue its final 
determination no later than February 25, 2019.\4\
---------------------------------------------------------------------------

    \3\ See Letter from Duong Vinh Hoa Packaging Company Limited, 
``Antidumping Duty Investigation of Laminated Woven Sacks from the 
Socialist Republic of Vietnam, Case No. A-552-823: Request to 
Postpone Final Determination'' dated October 2, 2018.
    \4\ Postponing the final determination to 135 days after the 
publication of the Preliminary Determination would place the 
deadline on Saturday/Sunday, February 23, 2019. Commerce's practice 
dictates that where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, as Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to 19 CFR 351.210(g).

     Dated: October 17, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-23100 Filed 10-22-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               53452                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                               Operations, Office VI, Enforcement and                  Maquilacero’s tubing products reported                  to file a certificate regarding the
                                               Compliance, International Trade                         during the 2014–2015 administrative                     reimbursement of antidumping duties
                                               Administration, U.S. Department of                      review are not within the scope of the                  prior to liquidation of the relevant
                                               Commerce, 1401 Constitution Avenue                      Order.6                                                 entries during this review period.
                                               NW, Washington, DC 20230; telephone:                      The United States and Maquilacero                     Failure to comply with this requirement
                                               (202) 482–6312 and (202) 482–0167,                      have now entered into an agreement to                   could result in the Secretary’s
                                               respectively.                                           settle this dispute. The NAFTA                          presumption that reimbursement of
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       Secretariat terminated the panel review                 antidumping duties occurred, and the
                                                                                                       with an effective completion date of                    subsequent assessment of double
                                               Background                                              October 11, 2018.                                       antidumping duties.
                                                  On June 13, 2017, the Department of                                                                            We are issuing this determination and
                                                                                                       Assessment Rates
                                               Commerce (Commerce) published the                                                                               publishing these amended final results
                                                                                                          Commerce shall determine, and CBP                    of antidumping duty administrative
                                               Final Results of its administrative
                                                                                                       shall assess, antidumping duties on all                 review pursuant to settlement.
                                               review of the antidumping duty order 1
                                                                                                       appropriate entries covered by this
                                               on certain circular welded non-alloy                                                                              Dated: October 17, 2018.
                                                                                                       review pursuant to section 751(a)(2)(C)
                                               steel pipe from Mexico.2 The period of                                                                          Christian Marsh,
                                                                                                       of the Tariff Act of 1930, as amended,
                                               review (POR) is November 1, 2014,                                                                               Deputy Assistant Secretary for Enforcement
                                                                                                       and 19 CFR 351.212(b). Commerce
                                               through October 31, 2015. Commerce                                                                              and Compliance.
                                                                                                       intends to issue assessment instructions
                                               conducted an administrative review of                                                                           [FR Doc. 2018–23053 Filed 10–22–18; 8:45 am]
                                                                                                       to CBP within 7 days after the date of
                                               mandatory respondents Maquilacero                                                                               BILLING CODE 3510–DS–P
                                                                                                       publication of these amended final
                                               and Regiomontana de Perfiles y Tubos,
                                                                                                       results of review in the Federal
                                               S.A. de C.V./PYTCO, S.A. de C.V.
                                                                                                       Register.
                                               (Regiopytsa),3 and non-selected                                                                                 DEPARTMENT OF COMMERCE
                                                                                                          Commerce will instruct CBP to apply
                                               respondents Conduit, S.A. de C.V.
                                                                                                       an ad valorem assessment rate of 7.32                   International Trade Administration
                                               (Conduit), Productos Laminados de
                                                                                                       percent to all entries of subject
                                               Monterrey, S.A. de C.V. (Prolamsa), and                                                                         [A–552–823]
                                                                                                       merchandise during the POR which
                                               Ternium Mexico, S.A. de C.V.
                                                                                                       were produced and/or exported, and
                                               (Ternium).4 In the Final Results,                                                                               Laminated Woven Sacks From the
                                                                                                       imported, by Maquilacero. Commerce
                                               Commerce found that there were entries                                                                          Socialist Republic of Vietnam:
                                                                                                       will further instruct CBP that certain
                                               of in-scope merchandise produced and/                                                                           Postponement of Final Determination
                                                                                                       entries for which suspension of
                                               or exported by Maquilacero, S.A. de C.                                                                          of Sales at Less Than Fair Value
                                                                                                       liquidation continued may be of
                                               V. (Maquilacero) during the POR and                                                                             Investigation
                                                                                                       merchandise determined to be out of the
                                               calculated a 7.32 percent ad valorem
                                                                                                       scope of the antidumping duty order on                  AGENCY:   Enforcement and Compliance,
                                               margin for those entries. However,
                                                                                                       circular welded non-alloy steel pipe                    International Trade Administration,
                                               Commerce also stated its intent to
                                                                                                       from Mexico, and that CBP should                        Department of Commerce.
                                               ‘‘adjust the assessment rate for. . .
                                                                                                       liquidate those entries without regard to               SUMMARY: The Department of Commerce
                                               certain entries of subject merchandise
                                                                                                       duties, as previously instructed.                       (Commerce) is postponing the deadline
                                               produced and/or exported by
                                                                                                          The ad valorem assessment rates for                  for issuing the final determination in the
                                               Maquilacero . . . to account for the total
                                                                                                       all entries of subject merchandise                      less-than-fair-value (LTFV) investigation
                                               amount of duties that would have been
                                                                                                       during the POR which were produced
                                               collected on {Maquilacero’s} full                                                                               of laminated woven sacks (LWS) from
                                                                                                       and/or exported by Regiopytsa, Conduit,                 the Socialist Republic of Vietnam
                                               universe of U.S. sales.’’ 5
                                                                                                       Prolamsa, and Ternium remain                            (Vietnam) until February 25, 2019, and
                                                  On July 12, 2017, Maquilacero timely
                                                                                                       unchanged from the Final Results.                       is extending the provisional measures
                                               filed a request for a for a NAFTA panel
                                               review challenging Commerce’s Final                     Cash Deposit Requirements                               from a four-month period to a period of
                                               Results. Subsequent to Maquilacero’s                                                                            not more than six months.
                                                                                                         Because a new cash deposit rate has
                                               request for this NAFTA panel review,                                                                               DATE: Applicable October 23, 2018.
                                                                                                       been calculated for Maquilacero in a
                                               Commerce determined that certain of                     subsequent administrative review,7                      FOR FURTHER INFORMATION CONTACT:
                                                                                                       Commerce will not instruct CBP to                       Drew Jackson or Celeste Chen, AD/CVD
                                                 1 See Notice of Antidumping Duty Orders: Certain
                                                                                                       change the cash deposit rate for                        Operations, Office IV, Enforcement and
                                               Circular Welded Non-Alloy Steel Pipe from Brazil,
                                               the Republic of Korea (Korea), Mexico, and              Maquilacero.                                            Compliance, International Trade
                                               Venezuela and Amendment to Final Determination                                                                  Administration, U.S. Department of
                                               of Sales at Less Than Fair Value: Certain Welded        Notification to Importers                               Commerce, 1401 Constitution Avenue
                                               Non-Alloy Steel Pipe from Korea, 57 FR 49453                                                                    NW, Washington, DC 20230; telephone:
                                               (November 2, 1992) (the Order).
                                                                                                         This notice also serves as a final
                                                 2 See Certain Circular Welded Non-Alloy Steel         reminder to importers of their                          (202) 482–4406 or (202) 482–0890,
                                               Pipe from Mexico; Final Results of Antidumping          responsibility under 19 CFR 351.402(f)                  respectively.
                                               Duty Administrative Review and Final                                                                            SUPPLEMENTARY INFORMATION:
                                               Determination of No Shipments; 2014–2015, 82 FR           6 See  Certain Welded Non-Alloy Steel Pipe from
                                               27039 (June 13, 2017) (Final Results).                  Mexico: Notice of Court Decision Not in Harmony         Background
                                                 3 We treated Regiomontana de Perfiles y Tubos,
                                                                                                       With Final Scope Ruling and Notice of Amended
                                               S.A. de C.V., and PYTCO, S.A. de C.V., as a single      Final Scope Ruling Pursuant to Court Decision, 83         On March 27, 2018, Commerce
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                                               entity for the Final Results; this remains unchanged    FR 7153 (February 20, 2018); see also memorandum        initiated a LTFV investigation of
                                               in these amended final results.                         of final scope ruling re: 176 types of non-galvanized   imports of LWS from Vietnam.1 The
                                                 4 Three additional companies were subject to          tubing produced to ASTM A–513 specifications by
                                               review but were determined to have had no               Maquilacero, dated June 18, 2018.
                                                                                                                                                               period of investigation is July 1, 2017,
                                               shipments of subject merchandise into the United          7 See Certain Circular Welded Non-Alloy Steel         through December 31, 2017. On October
                                               States during the POR in the Final Results; that        Pipe from Mexico: Final Results of Antidumping
                                               determination is unchanged in these amended final       Duty Administrative Review and Final                      1 See Laminated Woven Sacks from the Socialist
                                               results.                                                Determination of No Shipments; 2015–2016, 83 FR         Republic of Vietnam: Initiation of Less-Than-Fair-
                                                 5 See Final Results, 82 FR at 27040.                  23886 (May 23, 2018).                                   Value Investigation, 83 FR 14257 (April 3, 2018).



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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                               53453

                                               11, 2018, Commerce published its                          This notice is issued and published                 Constitution Avenue NW, Washington,
                                               Preliminary Determination in this LTFV                  pursuant to 19 CFR 351.210(g).                        DC 20230, (202) 482–5438.
                                               investigation of LWS from Vietnam.2                       Dated: October 17, 2018.                            SUPPLEMENTARY INFORMATION: Chapter
                                               Postponement of Final Determination                     Christian Marsh,                                      19 of Article 1904 of NAFTA provides
                                                                                                       Deputy Assistant Secretary for Enforcement            a dispute settlement mechanism
                                                  Section 735(a)(2) of the Tariff Act of                                                                     involving trade remedy determinations
                                               1930, as amended (the Act), and 19 CFR                  and Compliance.
                                                                                                       [FR Doc. 2018–23100 Filed 10–22–18; 8:45 am]
                                                                                                                                                             issued by the government of the United
                                               351.210(b)(2) provide that a final                                                                            States, the government of Canada, and
                                               determination may be postponed until                    BILLING CODE 3510–DS–P
                                                                                                                                                             the government of Mexico. There are
                                               not later than 135 days after the date of                                                                     established Rules, which were adopted
                                               the publication of the preliminary                                                                            by the three governments and require
                                               determination if, in the event of an                    DEPARTMENT OF COMMERCE
                                                                                                                                                             Notices of Completion of Panel Review
                                               affirmative preliminary determination, a                                                                      to be published in accordance with Rule
                                                                                                       International Trade Administration
                                               request for such postponement is made                                                                         78. For the complete Rules, please see
                                               by the exporters or producers who                       North American Free Trade Agreement                   https://www.nafta-sec-alena.org/Home/
                                               account for a significant proportion of                 (NAFTA), Article 1904 Binational Panel                Texts-of-the-Agreement/Rules-of-
                                               exports of the subject merchandise, or in               Reviews: Notice of Completion of                      Procedure/Article-1904.
                                               the event of a negative preliminary                     Panel Review
                                               determination, a request for such                                                                               Dated: October 18, 2018.
                                               postponement is made by the                             AGENCY:  United States Section, NAFTA                 Paul E. Morris,
                                               petitioners. Further, 19 CFR                            Secretariat, International Trade                      U.S. Secretary, NAFTA Secretariat.
                                               351.210(e)(2) requires that such                        Administration, Department of                         [FR Doc. 2018–23098 Filed 10–22–18; 8:45 am]
                                               postponement requests by exporters be                   Commerce.                                             BILLING CODE 3510–GT–P
                                               accompanied by a request for extension                  ACTION: Notice of Completion of Panel
                                               of provisional measures from a four-                    Review in the matter of Certain Circular
                                               month period to a period of not more                    Welded Non-Alloy Steel Pipe From                      DEPARTMENT OF COMMERCE
                                               than six months, in accordance with                     Mexico: Final Results of Antidumping
                                               section 733(d) of the Act.                              Duty Administrative Review and Final                  National Oceanic and Atmospheric
                                                  On October 2, 2018, Duong Vinh Hoa                   Determination of No Shipments; 2014–                  Administration
                                               Packaging Company Limited, a                            2015 (Secretariat File Number: USA–
                                               mandatory respondent in this                                                                                  Submission for OMB Review;
                                                                                                       MEX–2017–1904–01).
                                               investigation, requested that Commerce                                                                        Comment Request
                                               postpone the deadline for the final                     SUMMARY:   The NAFTA Secretariat has                    The Department of Commerce will
                                               determination until no later than 135                   received submissions filed on behalf of               submit to the Office of Management and
                                               days from the publication of the                        the United States Department of                       Budget (OMB) for clearance the
                                               Preliminary Determination, and extend                   Commerce, Maquilacero S.A. de C.V.,                   following proposal for collection of
                                               the application of the provisional                      and Wheatland Tube requesting the                     information under the provisions of the
                                               measures from a four-month period to a                  termination of panel review in the                    Paperwork Reduction Act (44 U.S.C.
                                               period of not more than six months.3 In                 matter of Certain Circular Welded Non-                Chapter 35).
                                               accordance with section 735(a)(2)(A) of                 Alloy Steel Pipe From Mexico: Final                     Agency: National Oceanic and
                                               the Act and 19 CFR 351.210(b)(2)(ii),                   Results of Antidumping Duty                           Atmospheric Administration (NOAA).
                                               because (1) the preliminary                             Administrative Review and Final                         Title: High Seas Fishing Permit
                                               determination was affirmative; (2) the                  Determination of No Shipments; 2014–                  Application Information.
                                               request was made by the exporters and                   2015 (Circular Welded Steel Pipe AR)                    OMB Control Number: 0648–0304.
                                               producers who account for a significant                 dispute.                                                Form Number(s): None.
                                               proportion of exports of the subject                      Given all the participants have                       Type of Request: Regular (extension of
                                               merchandise; and (3) no compelling                      consented to a Notice of Termination of               a currently approved information
                                               reasons for denial exist, Commerce is                   Panel Review pursuant to Rule 71(2) of                collection).
                                               postponing the final determination until                the NAFTA Rules of Procedure for                        Number of Respondents: 600.
                                               no later than 135 days after the date of                Article 1904 Binational Panel Reviews                   Average Hours per Response: Permit
                                               the publication of the Preliminary                      (Rules), the NAFTA Circular Welded                    application with vessel photo (every 5
                                               Determination, and extending the                        Steel Pipe AR dispute has been                        years); vessel identification, 45 minutes;
                                               provisional measures from a four-month                  terminated.                                           request to authorize a fishery on the
                                               period to a period of not more than six                   As a result, and in accordance with                 high seas, 22 hours; transshipment
                                               months. Accordingly, Commerce will                      Rule 78(a), notice is hereby given that               notices and reports, 1 hour; 15 minutes;
                                               issue its final determination no later                  the panel review of the NAFTA Circular                power-down and power-on requests, 5
                                               than February 25, 2019.4                                Welded Steel Pipe AR dispute has been                 minutes; observer notification, 5
                                                                                                       completed effective October 11, 2018.                 minutes.
                                                  2 See Laminated Woven Sacks from the Socialist
                                                                                                       FOR FURTHER INFORMATION CONTACT: Paul                   Burden Hours: 272.
                                               Republic of Vietnam: Preliminary Determination of
                                                                                                       E. Morris, United States Secretary,                     Needs and Uses: This request is for
                                               Sales at Less Than Fair Value, 83 FR 51436                                                                    extension of a currently approved
                                               (October 11, 2018) (Preliminary Determination).         NAFTA Secretariat, Room 2061, 1401
                                                                                                                                                             information collection.
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                                                  3 See Letter from Duong Vinh Hoa Packaging

                                               Company Limited, ‘‘Antidumping Duty                     Saturday/Sunday, February 23, 2019. Commerce’s
                                                                                                                                                               United States vessels that fish on the
                                               Investigation of Laminated Woven Sacks from the         practice dictates that where a deadline falls on a    high seas (waters beyond the U.S.
                                               Socialist Republic of Vietnam, Case No. A–552–823:      weekend or federal holiday, the appropriate           exclusive economic zone) are required
                                               Request to Postpone Final Determination’’ dated         deadline is the next business day. See Notice of      to possess a permit issued under the
                                               October 2, 2018.                                        Clarification: Application of ‘‘Next Business Day’’
                                                  4 Postponing the final determination to 135 days     Rule for Administrative Determination Deadlines
                                                                                                                                                             High Seas Fishing Compliance Act
                                               after the publication of the Preliminary                Pursuant to the Tariff Act of 1930, as Amended, 70    (HSFCA). Applicants for this permit
                                               Determination would place the deadline on               FR 24533 (May 10, 2005).                              must submit information to identify


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Document Created: 2018-10-23 04:14:34
Document Modified: 2018-10-23 04:14:34
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 October 23, 2018.
ContactDrew Jackson or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, respectively.
FR Citation83 FR 53452 

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