83_FR_53812 83 FR 53606 - Steel Racks and Parts Thereof From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

83 FR 53606 - Steel Racks and Parts Thereof From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range53606-53607
FR Document2018-23223

Federal Register, Volume 83 Issue 206 (Wednesday, October 24, 2018) 
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53606-53607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-088]


Steel Racks and Parts Thereof From the People's Republic of 
China: Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation

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

DATES: Applicable October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill at (202) 482-3518 or 
Patrick O'Connor at (202) 482-0989, AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2018, the Department of Commerce (Commerce) initiated a 
less-than-fair-value (LTFV) investigation of imports of steel racks and 
parts thereof (steel racks) from the People's Republic of China.\1\ 
Currently, the preliminary determination is due no later than November 
27, 2018.
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    \1\ See Steel Racks from the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation, 83 FR 33195 (July 
17, 2018) (Initiation Notice).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, and determines that the investigation is extraordinarily 
complicated and that additional time is necessary to make a preliminary 
determination. Under 19 CFR 351.205(e), the petitioner must submit a 
request for postponement 25 days or more before the scheduled date of 
the preliminary determination and must state the reasons for the 
request. Commerce will grant the request unless

[[Page 53607]]

it finds compelling reasons to deny the request.
    On September 26, 2018, the petitioner \2\ in the steel racks LTFV 
investigation submitted a timely request that Commerce postpone the 
preliminary determination in the investigation to the maximum extent 
permitted under the statute.\3\ The petitioner requested the 
postponement to provide Commerce, and the petitioner, time to review 
questionnaire responses and identify deficiencies within those 
responses, and to provide time for Commerce to issue, and receive 
responses to, supplemental questionnaires prior to the preliminary 
determination.\4\
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    \2\ The petitioner is the Coalition for Fair Rack Imports.
    \3\ See Letter from the petitioner, ``Steel Racks from the 
People's Republic of China: Request to Extend the Preliminary 
Determination,'' dated September 26, 2018.
    \4\ Id.
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    For the reasons stated above by the petitioner, and because there 
are no compelling reasons to deny the request, Commerce, in accordance 
with section 733(c)(1)(A) of the Act, is postponing the deadline for 
the preliminary determination in the steel racks LTFV investigation by 
50 days (i.e., until 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination in the steel racks LTFV investigation no 
later than January 16, 2019. In accordance with section 735(a)(1) of 
the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determination in this investigation will continue to be 75 days after 
the date of the preliminary determination, unless postponed at a later 
date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: October 18, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-23223 Filed 10-23-18; 8:45 am]
 BILLING CODE 3510-DS-P

53606 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices intend to issue the final results of this review (except, if the rate is zero or de DEPARTMENT OF COMMERCE administrative review, including the minimis, no cash deposit will be results of our analysis of issues raised required); (2) for merchandise exported International Trade Administration by the parties in the written comments, by manufacturers or exporters not within 120 days of publication of these covered in this review but covered in a [A–570–088] preliminary results in the Federal prior segment of the proceeding, the Register, unless otherwise extended.11 cash deposit rate will continue to be the Steel Racks and Parts Thereof From company-specific rate published for the the People’s Republic of China: Assessment Rates Postponement of Preliminary most recently completed segment of this Upon completion of the proceeding in which the manufacturer Determination in the Less-Than-Fair- administrative review, Commerce shall or exporter participated; (3) if the Value Investigation determine, and CBP shall assess, exporter is not a firm covered in this AGENCY: Enforcement and Compliance, antidumping duties on all appropriate review, a prior review, or the less-than- International Trade Administration, entries. Commerce intends to issue fair-value investigation, but the Department of Commerce. assessment instructions to CBP 15 days manufacturer is, the cash deposit rate DATES: Applicable October 24, 2018. after the date of publication of the final will be the rate established for the most results of this review. recently completed segment of the FOR FURTHER INFORMATION CONTACT: For entries of subject merchandise proceeding for the manufacturer of the Jonathan Hill at (202) 482–3518 or during the POR produced by each merchandise; and (4) the cash deposit Patrick O’Connor at (202) 482–0989, respondent for which it did not know its rate for all other manufacturers or AD/CVD Operations, Office IV, merchandise was destined for the exporters will continue to be 7.51 Enforcement and Compliance, United States, we will instruct CBP to percent ad valorem, the all-others rate International Trade Administration, liquidate such entries at the all-others established in the less-than-fair value U.S. Department of Commerce, 1401 rate if there is no rate for the investigation. Constitution Avenue NW, Washington, intermediate company(ies) involved in DC 20230. the transaction.12 Where either the Notification to Importers SUPPLEMENTARY INFORMATION: respondent’s weighted-average dumping This notice also serves as a Background margin is zero or de minimis, or an preliminary reminder to importers of importer-specific assessment rate is zero On July 10, 2018, the Department of their responsibility under 19 CFR or de minimis, we will instruct CBP to Commerce (Commerce) initiated a less- 351.402(f) to file a certificate regarding liquidate the appropriate entries than-fair-value (LTFV) investigation of the reimbursement of antidumping without regard to antidumping duties. imports of steel racks and parts thereof duties prior to liquidation of the For the company for which this (steel racks) from the People’s Republic relevant entries during this review review is rescinded, antidumping duties of China.1 Currently, the preliminary period. Failure to comply with this will be assessed at rates equal to the determination is due no later than requirement could result in Commerce’s cash deposit of estimated antidumping November 27, 2018. presumption that reimbursement of duties required at the time of entry, or antidumping duties occurred and the Postponement of Preliminary withdrawn from warehouse, for subsequent assessment of double Determination consumption, in accordance with 19 antidumping duties. CFR 351.212(c)(1)(i). Commerce intends Section 733(b)(1)(A) of the Tariff Act to issue appropriate assessment Notification to Interested Parties of 1930, as amended (the Act), requires instructions directly to CBP 15 days Commerce to issue the preliminary after publication of this notice. The final These preliminary results and partial determination in an LTFV investigation results of this review shall be the basis rescission of administrative review are within 140 days after the date on which for the assessment of antidumping issued and published in accordance Commerce initiated the investigation. duties on entries of merchandise with sections 751(a)(1) and 777(i)(1) of However, section 733(c)(1) of the Act covered by the final results of this the Act and 19 CFR 351.213(h)(1). permits Commerce to postpone the review and for future deposits of Dated: October 18, 2018. preliminary determination until no later estimated duties, where applicable. James Maeder, than 190 days after the date on which Commerce initiated the investigation if: Cash Deposit Requirement Associate Deputy Assistant Secretary for (A) The petitioner makes a timely Antidumping and Countervailing Duty The following cash deposit Operations, performing the duties of Deputy request for a postponement; or (B) requirements will be effective upon Assistant Secretary for Antidumping and Commerce concludes that the parties publication of the notice of the final Countervailing Duty Operations. concerned are cooperating, and results of administrative review for all determines that the investigation is shipments of pipe fittings from Malaysia Appendix extraordinarily complicated and that entered, or withdrawn from warehouse, List of Topics Discussed in the Preliminary additional time is necessary to make a for consumption on or after the date of Decision Memorandum preliminary determination. Under 19 publication of the final results of this I. Summary CFR 351.205(e), the petitioner must administrative review, as provided by II. Background submit a request for postponement 25 section 751(a)(2)(C) of the Act: (1) The III. Scope of the Order days or more before the scheduled date amozie on DSK3GDR082PROD with NOTICES1 cash deposit rate for the companies IV. Partial Rescission of Administrative of the preliminary determination and under review will be the rate Review must state the reasons for the request. established in the final results of this V. Use of Facts Otherwise Available and Commerce will grant the request unless Adverse Interferences 11 Seesection 751(a)(3)(A) of the Act. VI. Recommendation 1 See Steel Racks from the People’s Republic of 12 SeeAntidumping and Countervailing Duty China: Initiation of Less-Than-Fair-Value [FR Doc. 2018–23222 Filed 10–23–18; 8:45 am] Proceedings: Assessment of Antidumping Duties, 68 Investigation, 83 FR 33195 (July 17, 2018) FR 23954 (May 6, 2003). BILLING CODE 3510–DS–P (Initiation Notice). VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1

Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53607 it finds compelling reasons to deny the SUMMARY: The Department of Commerce Centralized Electronic Services System request. (Commerce) determines that Ercros S.A. (ACCESS). ACCESS is available to On September 26, 2018, the (Ercros) did not make sales of subject registered users at http://access.trade petitioner 2 in the steel racks LTFV merchandise at less than fair value .gov, and it is available to all parties in investigation submitted a timely request during the period of review (POR), June the Central Records Unit of the main that Commerce postpone the 1, 2016, through May 31, 2017. Commerce Building, Room B8024. In preliminary determination in the DATES: Applicable October 24, 2018. addition, a complete version of the investigation to the maximum extent FOR FURTHER INFORMATION CONTACT: Issues and Decision Memorandum is permitted under the statute.3 The Andrew Huston, AD/CVD Operations, also accessible on the internet at http:// petitioner requested the postponement Office VII, Enforcement and enforcement.trade.gov/frn/index.html. to provide Commerce, and the Compliance, International Trade The signed Issues and Decision petitioner, time to review questionnaire Administration, U.S. Department of Memorandum and the electronic responses and identify deficiencies Commerce, 1401 Constitution Avenue versions of the Issues and Decision within those responses, and to provide NW, Washington, DC 20230; telephone: Memorandum are identical in content. time for Commerce to issue, and receive (202) 482–4261. Changes Since the Preliminary Results responses to, supplemental SUPPLEMENTARY INFORMATION: questionnaires prior to the preliminary Based on a review of the record and determination.4 Background comments received from interested For the reasons stated above by the On July 9, 2018, Commerce published parties regarding the Preliminary petitioner, and because there are no the Preliminary Results.1 Since the Results, we have made no changes to compelling reasons to deny the request, Preliminary Results, the following our calculations. Therefore, the final Commerce, in accordance with section events have taken place: Commerce results do not differ from the 733(c)(1)(A) of the Act, is postponing received a timely case brief from the Preliminary Results. the deadline for the preliminary petitioners 2 on August 8, 2018. Ercros Final Results of Review determination in the steel racks LTFV filed a timely rebuttal brief on August investigation by 50 days (i.e., until 190 13, 2018. As a result of this review, we days after the date on which this determine that, for the period June 1, Scope of the Order investigation was initiated). As a result, 2016, through May 31, 2017, the Commerce will issue its preliminary The products covered by the order are following dumping margin exists: determination in the steel racks LTFV chlorinated isos, which are derivatives investigation no later than January 16, of cyanuric acid, described as Weight- 2019. In accordance with section chlorinated s-triazine triones.3 average Chlorinated isos are currently Manufacturer/exporter dumping 735(a)(1) of the Act and 19 CFR margin 351.210(b)(1), the deadline for the final classifiable under subheadings (percent) determination in this investigation will 2933.69.6015, 2933.69.6021, continue to be 75 days after the date of 2933.69.6050, 3808.40.50, 3808.50.40 Ercros ........................................... 0.00 the preliminary determination, unless and 3808.94.5000 of the Harmonized postponed at a later date. Tariff Schedule of the United States Assessment Rates This notice is issued and published (HTSUS). The HTSUS subheadings are provided for convenience and customs Commerce shall determine, and U.S. pursuant to section 733(c)(2) of the Act purposes only; the written product Customs and Border Protection (CBP) and 19 CFR 351.205(f)(1). description of the scope of the order is shall assess, antidumping duties on all Dated: October 18, 2018. appropriate entries of subject dispositive. Christian Marsh, merchandise in accordance with the Deputy Assistant Secretary for Enforcement Analysis of Comments Received final results of this review. Commerce and Compliance. All issues raised by parties in the case intends to issue appropriate assessment [FR Doc. 2018–23223 Filed 10–23–18; 8:45 am] and rebuttal briefs are addressed in the instructions directly to CBP 15 days BILLING CODE 3510–DS–P Issues and Decision Memorandum, after the date of publication of these which is hereby adopted with this final results of review. Since Ercros’ notice. A list of the issues addressed in weighted-average dumping margin is DEPARTMENT OF COMMERCE the Issues and Decision Memorandum is zero or de minimis, we will instruct CBP appended to this notice. The Issues and to liquidate the appropriate entries International Trade Administration Decision Memorandum is a public without regard to antidumping duties. [A–469–814] document and is available electronically Commerce clarified its ‘‘automatic via Enforcement and Compliance’s assessment’’ regulation on May 6, 2003.4 Chlorinated Isocyanurates From Spain: Antidumping and Countervailing Duty This clarification will apply to entries of Final Results of Antidumping Duty subject merchandise during the POR Administrative Review; 2016–2017 1 See Chlorinated Isocyanurates from Spain: produced by Ercros for which these Preliminary Results of Antidumping Duty companies did not know that the AGENCY: Enforcement and Compliance, Administrative Review; 2016–2017, 83 FR 31725 merchandise was destined for the International Trade Administration, (July 9, 2018). 2 The petitioners in this case are Bio-Lab, Inc., United States. In such instances, we will U.S. Department of Commerce. amozie on DSK3GDR082PROD with NOTICES1 Clearon Corp., and Occidental Chemical instruct CBP to liquidate un-reviewed Corporation. entries at the all-others rate during the 2 The petitioner is the Coalition for Fair Rack 3 For a complete description of the Scope of the Imports. POR if there is no rate for the Order, see Memorandum, ‘‘Issues and Decision 3 See Letter from the petitioner, ‘‘Steel Racks from Memorandum for Final Results of the 2016–2017 the People’s Republic of China: Request to Extend Antidumping Duty Administrative Review of 4 For a full discussion of this clarification, see the Preliminary Determination,’’ dated September Chlorinated Isocyanurates from Spain,’’ dated Antidumping and Countervailing Duty Proceedings: 26, 2018. concurrently with this notice (Issues and Decision Assessment of Antidumping Duties, 68 FR 23954 4 Id. Memorandum). (May 6, 2003). VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1


Document Created: 2018-10-24 00:24:49
Document Modified: 2018-10-24 00:24:49
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 24, 2018.
ContactJonathan Hill at (202) 482-3518 or Patrick O'Connor at (202) 482-0989, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 53606 
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