83 FR 54715 - Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 211 (October 31, 2018)
International Trade Administration
Federal Register Volume 83, Issue 211 (October 31, 2018)
| Page Range | 54715-54717 | |
| FR Document | 2018-23792 |
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)] [Notices] [Pages 54715-54717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23792] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-825] Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that the sole exporter subject to this administrative review has made sales of subject merchandise at less than normal value during the period of review (POR) February 1, 2017, through August 8, 2017. We invite interested parties to comment on these preliminary results. DATES: Applicable October 31, 2018. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477. SUPPLEMENTARY INFORMATION: Background This review covers one producer/exporter of the subject merchandise, Villares Metals S.A. (Villares). When the review was initiated, the period of review (POR) was February 1, 2017 through January 31, 2018. However, on October 3, 2018, as a result of a five- year (sunset) review, Commerce revoked the antidumping duty order on imports of stainless steel bar (SSB) from Brazil, effective August 9, 2017. As a result, the POR was revised to February 1, 2017, through August 8, 2017.\1\ --------------------------------------------------------------------------- \1\ See Stainless Steel Bar from Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Order (India) and Revocation of Antidumping Duty Orders (Brazil, Japan, and Spain), 83 FR 49910 (October 3, 2018) (Revocation Notice). --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is SSB. The SSB subject to the order is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full [[Page 54716]] description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \2\ See the Memorandum, ``Stainless Steel Bar from Brazil: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2017-2018,'' dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price and export price were calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in Commerce's Central Records Unit, located at Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached at the Appendix to this notice. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for Villares for the period February 1, 2017, through August 8, 2017. ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Villares Metals S.A........................................ 1.67 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results.\3\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\4\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\5\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d). \5\ See 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS, which is available to registered users at http://access.trade.gov. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\6\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \6\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1) and (2). Assessment Rates Upon issuance of the final results, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this revised POR. If Villares' weighted-average dumping margin continues to be above de minimis in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of antidumping duties calculated for each importers' examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).\7\ If Villares' weighted-average dumping margin is zero or de minimis in the final results of this review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews.\8\ --------------------------------------------------------------------------- \7\ In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). \8\ See Final Modification for Reviews, 77 FR at 8102. --------------------------------------------------------------------------- For entries of subject merchandise during the POR produced by Villares for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements In the Revocation Notice, Commerce stated that it intends to issue instructions to CBP to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of subject merchandise, entered or withdrawn from warehouse, on or after August 9, 2017.\9\ Furthermore, because the antidumping duty order on SSB from Brazil has been revoked as a result of the Revocation Notice, Commerce will not issue cash deposit instructions at the conclusion of this administrative review. --------------------------------------------------------------------------- \9\ See Revocation Notice, 83 FR 49911. --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this period of review. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1) and 351.221(b)(4). Dated: October 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary [[Page 54717]] II. Background III. Period of Review IV. Scope of the Order V. Discussion of the Methodology (1) Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis (2) Product Comparisons (3) Date of Sale (4) Level of Trade/CEP Offset (5) Export Price and Constructed Export Price (6) Normal Value A. Home Market Viability and Comparison Market B. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test C. Calculation of Normal Value Based on Comparison Market Prices VI. Currency Conversion VII. Recommendation [FR Doc. 2018-23792 Filed 10-30-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices 54715
determination, a request for such Dated: October 24, 2018. XV. Conclusion
postponement is made by exporters who Gary Taverman, [FR Doc. 2018–23718 Filed 10–30–18; 8:45 am]
account for a significant proportion of Deputy Assistant Secretary for Antidumping BILLING CODE 3510–DS–P
exports of the subject merchandise, or in and Countervailing Duty Operations,
the event of a negative preliminary performing the non-exclusive functions and
determination, a request for such duties of the Assistant Secretary for DEPARTMENT OF COMMERCE
postponement is made by the petitioner. Enforcement and Compliance.
Section 351.210(e)(2) of Commerce’s Appendix I International Trade Administration
regulations requires that a request by [A–351–825]
exporters for postponement of the final Scope of the Investigation
determination be accompanied by a The merchandise covered by this Stainless Steel Bar From Brazil:
request for extension of provisional investigation is glycine at any purity level or Preliminary Results of Antidumping
measures from a four-month period to a grade. This includes glycine of all purity Duty Administrative Review; 2017–
period not more than six months in levels, which covers all forms of crude or
2018
technical glycine including, but not limited
duration.
to, sodium glycinate, glycine slurry and any AGENCY: Enforcement and Compliance,
On September 19, 2018, pursuant to other forms of amino acetic acid or glycine. International Trade Administration,
19 CFR 351.210(e), Paras requested that Subject merchandise also includes glycine Department of Commerce.
Commerce postpone the final and precursors of dried crystalline glycine
SUMMARY: The Department of Commerce
determination and that provisional that are processed in a third country,
measures be extended to a period not to including, but not limited to, refining or any (Commerce) preliminarily finds that the
exceed six months.10 On September 21, other processing that would not otherwise sole exporter subject to this
2018, Commerce received a like request remove the merchandise from the scope of administrative review has made sales of
from Kumar.11 In accordance with this investigation if performed in the country subject merchandise at less than normal
section 735(a)(2)(A) of the Act and 19 of manufacture of the in-scope glycine or value during the period of review (POR)
precursors of dried crystalline glycine. February 1, 2017, through August 8,
CFR 351.210(b)(2)(ii), because: (1) The Glycine has the Chemical Abstracts Service
preliminary determination is 2017. We invite interested parties to
(CAS) registry number of 56–40–6. Glycine comment on these preliminary results.
affirmative; (2) the requesting exporters and glycine slurry are classified under
account for a significant proportion of DATES: Applicable October 31, 2018.
Harmonized Tariff Schedule of the United
exports of the subject merchandise; and States (HTSUS) subheading 2922.49.43.00. FOR FURTHER INFORMATION CONTACT:
(3) no compelling reasons for denial Sodium glycinate is classified in the HTSUS Hermes Pinilla, AD/CVD Operations,
exist, Commerce is postponing the final under 2922.49.80.00. While the HTSUS Office I, Enforcement and Compliance,
determination and extending the subheadings and CAS registry number are International Trade Administration,
provisional measures from a four-month provided for convenience and customs U.S. Department of Commerce, 1401
period to a period not greater than six purposes, the written description of the Constitution Avenue NW, Washington,
months. Accordingly, Commerce will scope of this investigation is dispositive. DC 20230; telephone: (202) 482–3477.
make its final determination no later Appendix II SUPPLEMENTARY INFORMATION:
than 135 days after the date of
publication of this preliminary List of Topics Discussed in the Preliminary Background
Decision Memorandum
determination. This review covers one producer/
I. Summary exporter of the subject merchandise,
International Trade Commission II. Background Villares Metals S.A. (Villares). When the
Notification III. Period of Investigation
review was initiated, the period of
IV. Postponement of Final Determination and
In accordance with section 733(f) of Extension of Provisional Measures review (POR) was February 1, 2017
the Act, Commerce will notify the V. Scope Comments through January 31, 2018. However, on
International Trade Commission (ITC) of VI. Application of Facts Available and Use of October 3, 2018, as a result of a five-year
its preliminary determination. If the Adverse Inference (sunset) review, Commerce revoked the
final determination is affirmative, the A. Application of Facts Available antidumping duty order on imports of
ITC will determine before the later of B. Use of Adverse Inference stainless steel bar (SSB) from Brazil,
120 days after the date of this C. Selection and Corroboration of the AFA effective August 9, 2017. As a result, the
preliminary determination or 45 days Rate POR was revised to February 1, 2017,
after the final determination whether VII. All-Others Rate through August 8, 2017.1
VIII. Discussion of the Methodology
these imports are materially injuring, or A. Determination of the Comparison Scope of the Order
threaten material injury to, the U.S. Method
industry. The merchandise subject to the order
B. Results of the Differential Pricing
Analysis
is SSB. The SSB subject to the order is
Notification to Interested Parties currently classifiable under subheadings
IX. Date of Sale
This determination is issued and X. Product Comparisons 7222.10.00, 7222.11.00, 7222.19.00,
published in accordance with sections XI. Export Price 7222.20.00, 7222.30.00 of the
733(f) and 777(i)(1) of the Act and 19 XII. Normal Value Harmonized Tariff Schedule of the
CFR 351.205(c). A. Home Market Viability United States (HTSUS). While the
B. Level of Trade HTSUS subheadings are provided for
amozie on DSK3GDR082PROD with NOTICES1
C. Cost of Production Analysis convenience and customs purposes, the
10 See Letter from Paras, ‘‘Glycine from India:
1. Calculation of COP written description is dispositive. A full
Request for Postponement of Final Determination
2. Test of Comparison Market Sales Prices
and Extension of Provisional Measures,’’ dated
September 19, 2018. 3. Results of the COP Test 1 See Stainless Steel Bar from Brazil, India, Japan,
11 See Letter from Kumar, ‘‘Certain Glycine from D. Calculation of NV Based on Comparison and Spain: Continuation of Antidumping Duty
India: Request for Postponement of Final Market Prices Order (India) and Revocation of Antidumping Duty
Determination and Extension of Provisional XIII. Currency Conversion Orders (Brazil, Japan, and Spain), 83 FR 49910
Measures,’’ dated September 21, 2018. XIV. Verification (October 3, 2018) (Revocation Notice).
VerDate Sep<11>2014 18:06 Oct 30, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/83_FR_54926/page/1.svg)
![Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices 54717
II. Background notice of initiation of this investigation Commerce is not preliminarily
III. Period of Review on April 25, 2018.1 On August 21, 2018, modifying the scope language as it
IV. Scope of the Order Commerce postponed the preliminary appeared in the Initiation Notice.
V. Discussion of the Methodology determination of this investigation to
(1) Comparisons to Normal Value Methodology
A. Determination of Comparison Method
October 24, 2018.2 For a complete
description of the events that followed Commerce is conducting this
B. Results of the Differential Pricing
Analysis the initiation of this investigation, see investigation in accordance with section
(2) Product Comparisons the Preliminary Decision 731 of the Act. Constructed export price
(3) Date of Sale Memorandum.3 A list of topics included was calculated in accordance with
(4) Level of Trade/CEP Offset in the Preliminary Decision section 772(b) of the Act. Normal value
(5) Export Price and Constructed Export Memorandum is included as Appendix was calculated in accordance with
Price II to this notice. The Preliminary section 773 of the Act. For a full
(6) Normal Value Decision Memorandum is a public description of the methodology
A. Home Market Viability and Comparison underlying the preliminary
Market
document and is on file electronically
via Enforcement and Compliance’s determination, see the Preliminary
B. Cost of Production
1. Calculation of Cost of Production Antidumping and Countervailing Duty Decision Memorandum.
2. Test of Comparison Market Sales Prices Centralized Electronic Service System Preliminary Negative Determination of
3. Results of the COP Test (ACCESS). ACCESS is available to Critical Circumstances
C. Calculation of Normal Value Based on registered users at https://
Comparison Market Prices access.trade.gov, and it is available to In accordance with section 733(e) of
VI. Currency Conversion all parties in the Central Records Unit, the Act and 19 CFR 351.206, we
VII. Recommendation Room B8024 of the main Department of preliminarily determine that critical
[FR Doc. 2018–23792 Filed 10–30–18; 8:45 am] Commerce building. In addition, a circumstances do not exist with regard
BILLING CODE 3510–DS–P complete version of the Preliminary to imports of glycine from Thailand. For
Decision Memorandum can be accessed a full discussion, see the Preliminary
directly at http://enforcement.trade.gov/ Decision Memorandum.
DEPARTMENT OF COMMERCE frn/. The signed and the electronic Preliminary Determination
versions of the Preliminary Decision For this preliminary determination,
International Trade Administration
Memorandum are identical in content. Commerce calculated a zero estimated
[A–549–837]
Scope of the Investigation weighted-average dumping margin for
Glycine From Thailand: Preliminary Newtrend Food Ingredient (Thailand)
The product covered by this Co., Ltd. (Newtrend), the only
Determination of Sales at Not Less investigation is glycine from Thailand.
Than Fair Value, Preliminary Negative mandatory respondent in this
For a complete description of the scope investigation.
Determination of Critical of this investigation, see Appendix I.
Circumstances, Postponement of Final
Scope Comments Estimated
Determination weighted-
In accordance with the preamble to average
AGENCY: Enforcement and Compliance, Exporter or producer dumping
International Trade Administration, Commerce’s regulations,4 the Initiation margin
Department of Commerce. Notice set aside a period of time for (percent)
SUMMARY: The Department of Commerce parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested Newtrend Food Ingredient (Thai-
(Commerce) preliminarily determines land) Co., Ltd .......................... 0.00
that glycine from Thailand is not being, parties commented on the scope of the
or is not likely to be, sold in the United investigation as it appeared in the
Initiation Notice. For a summary of the Consistent with section 733(d) of the
States at less than fair value (LTFV) for Act, Commerce has not calculated an
the period of investigation (POI) January product coverage comments and
rebuttal responses submitted to the estimated weighted-average dumping
1, 2017, through December 31, 2017. margin for all-other producers and
Interested parties are invited to record for this preliminary
determination, and accompanying exporters because it has not made an
comment on this preliminary affirmative preliminary determination of
determination. discussion and analysis of all comments
timely received, see the Preliminary sales at LTFV.
DATES: Applicable October 31, 2018. Scope Decision Memorandum.6 Suspension of Liquidation
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Jesus Saenz, AD/CVD 1 See Glycine from India, Japan, and Thailand:
Because Commerce has made a
Operations, Office VIII, Enforcement Initiation of Less-Than-Fair-Value Investigations, 83 negative preliminary determination of
and Compliance, International Trade FR 17995 (April 25, 2018) (Initiation Notice). sales at LTFV with regard to subject
Administration, U.S. Department of
2 See Glycine from India, Japan, and Thailand: merchandise, U.S. Customs and Border
Postponement of Preliminary Determinations of Protection will not be directed to
Commerce, 1401 Constitution Avenue Antidumping Duty Investigations, 83 FR 42259
NW, Washington, DC 20230; telephone: (August 21, 2018).
suspend liquidation on entries of
(202) 482–1766 or (202) 482–8184, 3 See Memorandum, ‘‘Decision Memorandum for glycine from Thailand.
respectively. the Preliminary Determination in the Less-Than-
Disclosure
amozie on DSK3GDR082PROD with NOTICES1
Fair-Value Investigation of Glycine from Thailand’’
SUPPLEMENTARY INFORMATION: dated concurrently with, and hereby adopted by, Commerce intends to disclose its
this notice (Preliminary Decision Memorandum). calculations and analysis to interested
Background 4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
parties in this preliminary
This preliminary determination is 5 See Initiation Notice. determination within five days of any
made in accordance with section 733(b) 6 See Memorandum, ‘‘Glycine from India, Japan,
of the Tariff Act of 1930, as amended the People’s Republic of China and Thailand: Scope Preliminary Determinations’’ (Preliminary Scope
(the Act). Commerce published the Comments Decision Memorandum for the Decision Memorandum), dated August 27, 2018.
VerDate Sep<11>2014 18:06 Oct 30, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1](https://thefederalregister.org/doc/83_FR_54926/page/3.svg)
Document Created: 2018-10-31 00:33:27
Document Modified: 2018-10-31 00:33:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 31, 2018. | |
| Contact | Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477. | |
| FR Citation | 83 FR 54715 |
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