83_FR_55732 83 FR 55517 - Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 2016

83 FR 55517 - Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 215 (November 6, 2018)

Page Range55517-55519
FR Document2018-24252

The Department of Commerce (Commerce) preliminarily determines that Hyundai Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea), and POSCO, a producer/exporter of hot-rolled steel from Korea, received countervailable subsidies during the period of review (POR), August 12, 2016, through December 31, 2016. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 215 (Tuesday, November 6, 2018)
[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Notices]
[Pages 55517-55519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24252]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Countervailing Duty Administrative 
Review, 2016

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Hyundai Steel Co., Ltd. (Hyundai Steel), a producer/exporter of 
certain hot-rolled steel flat products (hot-rolled steel) from the 
Republic of Korea (Korea), and POSCO, a producer/exporter of hot-rolled 
steel from Korea, received countervailable subsidies during the period 
of review (POR), August 12, 2016, through December 31, 2016. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 6, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Carrie Bethea, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5260 and (202) 482-1491, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2017, Commerce published a notice of initiation of 
an administrative review of the countervailing duty (CVD) order on hot-

[[Page 55518]]

rolled steel from Korea.\1\ On June 12, 2018, Commerce extended the 
deadline for the preliminary results of this review to no later than 
November 5, 2018.\2\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included at the Appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705 (December 7, 2017) (Initiation 
Notice).
    \2\ See June 12, 2018 Memorandum re: Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review--
2016.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2016: 
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is certain hot-rolled steel 
flat products. For a complete description of the scope of the order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\4\ For a full description of the 
methodology underlying our conclusions, see the accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    For the companies not selected for individual review, because the 
rates calculated for Hyundai Steel and POSCO were above de minimis and 
not based entirely on facts available, we applied a subsidy rate based 
on a weighted-average of the subsidy rates calculated for Hyundai Steel 
and POSCO using publicly-ranged sales data submitted by the 
respondents. This is consistent with the methodology that we would use 
in an investigation to establish the all-others rate, consistent with 
section 705(c)(5)(A) of the Act.

Preliminary Results of Review

    In accordance with 19 CFR 351.224(b)(4)(i), we calculated 
individual subsidy rates for Hyundai Steel and POSCO. For the POR, we 
preliminarily determine that the net subsidy rates for the producers/
exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
POSCO...................................................            1.73
Hyundai Steel Co., Ltd..................................            0.65
DCE Inc.................................................            1.21
Dong Chuel America Inc..................................            1.21
Dongbu Steel Co., Ltd...................................            1.21
Dongkuk Industries Co., Ltd.............................            1.21
Hyewon Sni Corporation (H.S.I.).........................            1.21
Soon Hong Trading Co., Ltd..............................            1.21
Sung-A Steel Co., Ltd...................................            1.21
------------------------------------------------------------------------

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. We intend to issue instructions to CBP 
15 days after publication of the final results of this review. Commerce 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

Cash Deposit Rate

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\5\ Commerce will 
establish a deadline for interested parties to submit written comments 
(case briefs) and rebuttal comments (rebuttal briefs) at a later 
date.\6\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\
---------------------------------------------------------------------------

    \5\ See 19 CFR 224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \7\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\8\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date of the hearing which will be held at the U.S. Department 
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a 
time and date to be determined.\9\ Issues addressed during the hearing 
will be limited to those raised in the briefs.\10\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.
    This administrative review and notice are in accordance with 
sections

[[Page 55519]]

751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: October 30, 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
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2018-24252 Filed 11-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Notices                                                  55517

                                               payments. This includes following up                    which will reduce burden for auditees                 www.regulations.gov. All comments
                                               on audit findings and questioned costs.                 and auditors.                                         received are part of the public record.
                                               The proposed changes are to revise                         Two additional items not mentioned                 Comments will generally be posted
                                               some existing data elements and add                     in the pre-submission notice will be                  without change. All Personally
                                               data elements that would make the                       collected in the Web-based collection                 Identifiable Information (for example,
                                               reports easier for Federal agencies, pass-              instrument, the Internet Data Entry                   name and address) voluntarily
                                               through entities, and the public to use.                System (IDES). These items will collect               submitted by the commenter may be
                                                  This is a reinstatement, with changes,               the date the auditor’s report(s) were                 publicly accessible. Do not submit
                                               of Form SF–SAC, OMB control number                      received by the auditee and what items                Confidential Business Information or
                                               0607–0518. Prior to the year 1997, the                  were modified when a revision has been                otherwise sensitive or protected
                                               Census Bureau was responsible for the                   conducted. The date the auditor’s                     information. You may submit
                                               OMB clearance approval process using                    report(s) was received was not included               attachments to electronic comments in
                                               OMB control number 0607–0518. In                        in the pre-submission notice as logistics             Microsoft Word, Excel, WordPerfect, or
                                               1997, OMB took over the approval                        were still being discussed about what                 Adobe PDF file formats only.
                                               process for the Form SF–SAC under                       instructions should accompany this
                                               OMB control number 0348–0057                            field. This is the date the auditee                   Sheleen Dumas,
                                               (currently expiring June 30, 2019). The                 received the full, complete report from               Departmental Lead PRA Officer, Office of the
                                               Census Bureau is now resuming                           the auditor. This inclusion is to help                Chief Information Officer.
                                               responsibility for obtaining OMB                        with the determination of whether the                 [FR Doc. 2018–24229 Filed 11–5–18; 8:45 am]
                                               clearance under the original OMB                        Form SF–SAC and Single Audit report                   BILLING CODE 3510–07–P
                                               control number 0607–0518. The FAC                       were submitted on time. Collecting this
                                               will continue to collect Single Audit                   date will allow for tracking of the 30-
                                               reports from prior audit years, going                   day deadline, as the FAC already                      DEPARTMENT OF COMMERCE
                                               back to audit year 2013, to                             collects the fiscal period ending date to
                                               accommodate late submissions and                        track the nine-month deadline. The list               International Trade Administration
                                               revisions. Late submissions or revisions                of what items were modified when a
                                               from prior years are to use the version                 revision has been conducted was not                   [C–580–884]
                                               of the Form SF–SAC applicable to that                   included in the pre-submission notice
                                               audit year. The FAC also plans to allow                 as it was not suggested to the FAC until              Certain Hot-Rolled Steel Flat Products
                                               Non-Federal entities who did not meet                   a meeting with stakeholders that                      From the Republic of Korea:
                                               the threshold requiring submission of a                 occurred after the pre-submission notice              Preliminary Results of Countervailing
                                               Single Audit report to voluntarily notify               was submitted. Users will select which                Duty Administrative Review, 2016
                                               the FAC that they did not meet the                      items changed from the previously
                                               reporting threshold. The FAC plans to                   submitted version using a preset list of              AGENCY:  Enforcement and Compliance,
                                               put this information on their website.                  options. Users will be able to check                  International Trade Administration,
                                                  The proposed changes are to include                  multiple options. This information will               U.S. Department of Commerce.
                                               the following required elements of the                  be publicly displayed on the FAC
                                               reporting package on the data collection                                                                      SUMMARY:   The Department of Commerce
                                                                                                       website.                                              (Commerce) preliminarily determines
                                               form: The text of the federal award audit                  The proposed revisions to the Form
                                               findings, the text of the corrective action                                                                   that Hyundai Steel Co., Ltd. (Hyundai
                                                                                                       SF–SAC can be obtained by download
                                               plan, and the notes to the schedule of                                                                        Steel), a producer/exporter of certain
                                                                                                       from the FAC homepage at https://
                                               expenditures of federal awards (SEFA).                                                                        hot-rolled steel flat products (hot-rolled
                                                                                                       harvester.census.gov/facweb or by
                                               There will be a checkbox for each                                                                             steel) from the Republic of Korea
                                                                                                       contacting the Federal Audit
                                               finding text and corrective action plan                                                                       (Korea), and POSCO, a producer/
                                                                                                       Clearinghouse at erd.fac@census.gov or
                                               (CAP) text entered asking the user if                                                                         exporter of hot-rolled steel from Korea,
                                                                                                       800–253–0696.
                                               there are any charts or tables that could                  Affected Public: States, local                     received countervailable subsidies
                                               not be copied or pasted to analyze how                  governments, Indian tribes, institutions              during the period of review (POR),
                                               often this occurs. Additionally, a new                  of higher education, non-profit                       August 12, 2016, through December 31,
                                               yes/no question has been added                          organizations (Non-Federal entities) and              2016. We invite interested parties to
                                               regarding whether the auditors                          their auditors.                                       comment on these preliminary results.
                                               communicated to the auditee, in a                          Frequency: Annually.                               DATES:   Applicable November 6, 2018.
                                               written document, any issues that were                     Respondent’s Obligation: Mandatory.
                                               not audit findings. The inclusion of                       Legal Authority: Title 31 U.S.C.                   FOR FURTHER INFORMATION CONTACT:
                                               these items is to aid Federal agencies                  Section 7501 et seq. and 2 CFR part 200.              Ryan Mullen or Carrie Bethea, AD/CVD
                                               and pass-through entities in their review                  This information collection request                Operations, Office V, Enforcement and
                                               of their recipients/subrecipients. This                 may be viewed at www.reginfo.gov.                     Compliance, International Trade
                                               will reduce their burden of manually                    Follow the instructions to view                       Administration, U.S. Department of
                                               searching the reporting package for this                Department of Commerce collections                    Commerce, 1401 Constitution Avenue
                                               information. With these items now                       currently under review by OMB.                        NW, Washington, DC 20230; telephone:
                                               included on the form, the information                      Written comments and                               (202) 482–5260 and (202) 482–1491,
                                               can be viewed during the initial review                 recommendations for the proposed                      respectively.
                                               of auditees instead of needing to access                information collection should be sent
khammond on DSK30JT082PROD with NOTICES




                                               and search all reporting packages of all                within 30 days of publication of this                 SUPPLEMENTARY INFORMATION:
                                               recipients/subrecipients. In the future,                notice to Federal_Audit_Clearinghouse_                Background
                                               the FAC would like to develop a system-                 Comments@OMB.eop.gov or fax to (202)
                                               generated exportable Schedule of                        395–5806. You may also submit                           On December 7, 2017, Commerce
                                               Findings and Questioned Costs using                     comments, identified by Docket Number                 published a notice of initiation of an
                                               these items, similar to the system-                     OMB–2018–0007, to the Federal                         administrative review of the
                                               generated SEFA and Notes to the SEFA,                   e-Rulemaking Portal: http://                          countervailing duty (CVD) order on hot-


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                                               55518                       Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Notices

                                               rolled steel from Korea.1 On June 12,                   Companies Not Selected for Individual                  applicable to the company, as
                                               2018, Commerce extended the deadline                    Review                                                 appropriate. These cash deposit
                                               for the preliminary results of this review                For the companies not selected for                   instructions, when imposed, shall
                                               to no later than November 5, 2018.2 For                 individual review, because the rates                   remain in effect until further notice.
                                               a complete description of the events that               calculated for Hyundai Steel and                       Disclosure and Public Comment
                                               followed the initiation of this review,                 POSCO were above de minimis and not
                                               see the Preliminary Decision                            based entirely on facts available, we                       We will disclose to parties to this
                                               Memorandum.3 A list of topics                           applied a subsidy rate based on a                        proceeding the calculations performed
                                               discussed in the Preliminary Decision                   weighted-average of the subsidy rates                    in reaching the preliminary results
                                               Memorandum is included at the                           calculated for Hyundai Steel and                         within five days of the date of
                                               Appendix to this notice. The                            POSCO using publicly-ranged sales data                   publication of these preliminary
                                                                                                       submitted by the respondents. This is                    results.5 Commerce will establish a
                                               Preliminary Decision Memorandum is a
                                                                                                       consistent with the methodology that                     deadline for interested parties to submit
                                               public document and is on file
                                                                                                       we would use in an investigation to                      written comments (case briefs) and
                                               electronically via Enforcement and
                                                                                                       establish the all-others rate, consistent                rebuttal comments (rebuttal briefs) at a
                                               Compliance’s Antidumping and
                                                                                                       with section 705(c)(5)(A) of the Act.                    later date.6 Pursuant to 19 CFR
                                               Countervailing Duty Centralized                                                                                  351.309(d)(2), rebuttal briefs must be
                                               Electronic Service System (ACCESS).                     Preliminary Results of Review                            limited to issues raised in the case
                                               ACCESS is available to registered users                                                                          briefs. Parties who submit arguments are
                                                                                                          In accordance with 19 CFR
                                               at http://access.trade.gov and is                       351.224(b)(4)(i), we calculated                          requested to submit with the argument:
                                               available to all parties in the Central                 individual subsidy rates for Hyundai                     (1) A statement of the issue; (2) a brief
                                               Records Unit, Room B8024 of the main                    Steel and POSCO. For the POR, we                         summary of the argument; and (3) a
                                               Department of Commerce building. In                     preliminarily determine that the net                     table of authorities.7
                                               addition, a complete version of the                     subsidy rates for the producers/                            Interested parties who wish to request
                                               Preliminary Decision Memorandum can                     exporters under review to be as follows: a hearing must do so within 30 days of
                                               be accessed directly at http://                                                                                  publication of these preliminary results
                                               enforcement.trade.gov/frn/. The signed                                                             Subsidy rate  by submitting a written request to the
                                               and electronic versions of the                                     Company                           (percent    Assistant Secretary for Enforcement and
                                                                                                                                                  ad valorem)
                                               Preliminary Decision Memorandum are                                                                              Compliance using Enforcement and
                                               identical in content.                                   POSCO .................................             1.73 Compliance’s ACCESS system.
                                                                                                                                                                                                        8

                                                                                                       Hyundai Steel Co., Ltd .........                    0.65 Requests should contain the party’s
                                               Scope of the Order                                      DCE Inc ................................            1.21 name, address, and telephone number,
                                                  The merchandise covered by the order                 Dong Chuel America Inc ......                       1.21 the number of participants, whether any
                                                                                                       Dongbu Steel Co., Ltd ..........                    1.21 participant is a foreign national, and a
                                               is certain hot-rolled steel flat products.              Dongkuk Industries Co., Ltd                         1.21 list of the issues to be discussed. If a
                                               For a complete description of the scope                 Hyewon Sni Corporation
                                               of the order, see the Preliminary                         (H.S.I.) ...............................          1.21
                                                                                                                                                                request for a hearing is made, Commerce
                                               Decision Memorandum.                                    Soon Hong Trading Co., Ltd                          1.21 will inform parties of the scheduled
                                                                                                       Sung-A Steel Co., Ltd ..........                    1.21 date of the hearing which will be held
                                               Methodology                                                                                                      at the U.S. Department of Commerce,
                                                                                                       Assessment Rate                                          1401 Constitution Avenue NW,
                                                  Commerce is conducting this review                                                                            Washington, DC 20230, at a time and
                                               in accordance with section 751(a)(l)(A)                    Consistent with section 751(a)(2)(C) of date to be determined.9 Issues addressed
                                               of the Tariff Act of 1930, as amended                   the Act, upon issuance of the final                      during the hearing will be limited to
                                               (the Act). For each of the subsidy                      results, Commerce shall determine, and
                                                                                                                                                                those raised in the briefs.10 Parties
                                               programs found countervailable, we                      Customs and Border Protection (CBP)
                                                                                                                                                                should confirm by telephone the date,
                                               preliminarily determine that there is a                 shall assess, countervailing duties on all
                                                                                                                                                                time, and location of the hearing two
                                               subsidy, i.e., a government-provided                    appropriate entries covered by this
                                                                                                                                                                days before the scheduled date.
                                               financial contribution that gives rise to               review. We intend to issue instructions                     Parties are reminded that all briefs
                                               a benefit to the recipient, and that the                to CBP 15 days after publication of the                  and hearing requests must be filed
                                               subsidy is specific.4 For a full                        final results of this review. Commerce                   electronically using ACCESS and
                                               description of the methodology                          intends to issue appropriate assessment received successfully in their entirety by
                                               underlying our conclusions, see the                     instructions directly to CBP 15 days                     5 p.m. Eastern Time on the due date.
                                               accompanying Preliminary Decision                       after publication of this notice.                           Unless the deadline is extended
                                               Memorandum.                                             Cash Deposit Rate                                        pursuant to section 751(a)(3)(A) of the
                                                                                                          Pursuant to section 751(a)(1) of the                  Act, Commerce intends to issue the final
                                                 1 See Initiation of Antidumping and
                                                                                                       Act, Commerce intends to instruct CBP                    results of this administrative review,
                                               Countervailing Duty Administrative Reviews, 82 FR
                                                                                                       to collect cash deposits of estimated                    including the results of our analysis of
                                               57705 (December 7, 2017) (Initiation Notice).                                                                    the issues raised by the parties in their
                                                 2 See June 12, 2018 Memorandum re: Extension          countervailing duties in the amount
                                               of Deadline for Preliminary Results of                  indicated above with regard to                           comments, within 120 days after
                                               Countervailing Duty Administrative Review—2016.         shipments of subject merchandise                         publication of these preliminary results.
                                                 3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                       entered, or withdrawn from warehouse,                       This administrative review and notice
khammond on DSK30JT082PROD with NOTICES




                                               the Preliminary Results of the Countervailing Duty
                                                                                                       for consumption on or after the date of                  are in accordance with sections
                                               Administrative Review; 2016: Certain Hot-Rolled
                                               Steel Flat Products from the Republic of Korea,’’       publication of the final results of this                   5 See 19 CFR 224(b).
                                               dated concurrently with, and hereby adopted by,         review. For all non-reviewed firms, we                     6 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
                                               this notice (Preliminary Decision Memorandum).          will instruct CBP to continue to collect                   7 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
                                                 4 See sections 771(5)(B) and (D) of the Act

                                               regarding financial contribution; section 771(5)(E)
                                                                                                       cash deposits of estimated                                 8 See 19 CFR 351.310(c).

                                               of the Act regarding benefit; and section 771(5A) of    countervailing duties at the most recent                   9 See 19 CFR 351.310.

                                               the Act regarding specificity.                          company-specific or all-others rate                        10 See 19 CFR 351.310(c).




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                                                                          Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Notices                                            55519

                                               751(a)(1) and 777(i)(1) of the Act and 19               implementing Title III are found at 15                • Alaska Warrior, Inc., Seattle, WA
                                               CFR 351.213.                                            CFR part 325 (2018). OTEA is issuing                  • O’Hara Corporation, Rockland, ME
                                                 Dated: October 30, 2018.                              this notice pursuant to 15 CFR 325.6(a),              • O’Hara DISC, Inc., Rockland, ME
                                               Gary Taverman,
                                                                                                       which requires the Secretary of
                                                                                                       Commerce to publish a summary of the                  Export Products
                                               Deputy Assistant Secretary for Antidumping
                                               and Countervailing Duty Operations,
                                                                                                       application in the Federal Register,                    • AGC and its Members propose to
                                               performing the non-exclusive functions and              identifying the applicant and each                    export the following six products,
                                               duties of the Assistant Secretary for                   member, and summarizing proposed                      which are frozen-at-sea (i.e., export
                                               Enforcement and Compliance.                             export conduct.                                       product is frozen on the catcher-
                                                                                                       Request for Public Comments                           processor trawl vessel while at-sea), and
                                               Appendix
                                                                                                                                                             in headed and gutted (i.e., head and
                                               List of Topics Discussed in the Preliminary                Interested parties may submit written              viscera are removed) and round (i.e.,
                                               Decision Memorandum                                     comments relevant to the determination                whole) forms: Atka mackerel, Pacific
                                               I. Summary                                              whether a Certificate should be issued.               Ocean perch, yellowfin sole, Pacific
                                               II. Background                                          If the comments include any privileged                cod, flathead sole, and rock sole
                                               III. Period of Review                                   or confidential business information, it              (collectively, the ‘‘Export Products’’).
                                               IV. Scope of the Order                                  must be clearly marked and a
                                               V. Rate for Non-Examined Companies                      nonconfidential version of the                        Export Conduct
                                               VI. Subsidies Valuation Information                     comments (identified as such) should be
                                               VII. Use of Facts Otherwise Available
                                                                                                                                                               • AGC and its Members propose to
                                                                                                       included. Any comments not marked as                  export to all parts of the world except
                                               VIII. Analysis of Programs                              privileged or confidential business
                                               IX. Recommendation                                                                                            the United States (the fifty states of the
                                                                                                       information will be deemed to be                      United States, the District of Columbia,
                                               [FR Doc. 2018–24252 Filed 11–5–18; 8:45 am]             nonconfidential.                                      the Commonwealth of Puerto Rico, the
                                               BILLING CODE 3510–DS–P                                     An original and five (5) copies, plus
                                                                                                                                                             Virgin Islands, American Samoa, Guam,
                                                                                                       two (2) copies of the nonconfidential
                                                                                                                                                             the Commonwealth of the Northern
                                                                                                       version, should be submitted no later
                                               DEPARTMENT OF COMMERCE                                                                                        Mariana Islands, and the Trust Territory
                                                                                                       than 20 days after the date of this notice
                                                                                                                                                             of the Pacific Islands).
                                                                                                       to: Office of Trade and Economic
                                               International Trade Administration                      Analysis, International Trade                           • AGC and its Members seek
                                                                                                       Administration, U.S. Department of                    certification for the following activities
                                               [Application No. 18–00002]
                                                                                                       Commerce, Room 21028, Washington,                     and exchanges of information.
                                               Export Trade Certificate of Review                      DC 20230.                                               1. Each Member will from time to
                                                                                                          Information submitted by any person                time independently determine in its
                                               ACTION: Notice of application for an                    is exempt from disclosure under the                   sole discretion (i) the quantity of Export
                                               Export Trade Certificate of Review for                  Freedom of Information Act (5 U.S.C.                  Product that it makes available for sale
                                               Alaska Groundfish Commission                            552). However, nonconfidential versions               in export markets, and (ii) whether any
                                               (‘‘AGC’’), Application Number 18–                       of the comments will be made available                portion of such quantity will be sold
                                               00002.                                                  to the applicant if necessary for                     independently by it, be sold in
                                                                                                       determining whether or not to issue the               cooperation with some or all of the
                                               SUMMARY:    The Office of Trade and                                                                           other Members, or be made available to
                                               Economic Analysis (‘‘OTEA’’) of the                     Certificate. Comments should refer to
                                                                                                       this application as ‘‘Export Trade                    AGC for sale in export markets. AGC
                                               International Trade Administration,                                                                           may not require any Member to export
                                               Department of Commerce, received an                     Certificate of Review, application
                                                                                                       number 18–00002.’’                                    any minimum quantity of Export
                                               application for an Export Trade                                                                               Product.
                                               Certificate of Review (‘‘Certificate’’).                Summary of the Application                              2. AGC and/or its Members may enter
                                               This notice summarizes the application                    Applicant: Alaska Groundfish                        into agreements to act in certain
                                               and requests comments relevant to                       Commission, address c/o Mundt                         countries or markets as the Members’
                                               whether the Certificate should be                       MacGregor L.L.P. (below).                             exclusive or non-exclusive export
                                               issued.                                                   Contact: Duncan R. McIntosh,                        intermediary for the quantity of Export
                                               FOR FURTHER INFORMATION CONTACT:                        Attorney at Law, Mundt MacGregor                      Product dedicated by each Member for
                                               Joseph Flynn, Director, Office of Trade                 L.L.P., 271 Wyatt Way NE, Suite 106,                  sale by AGC or any Member in that
                                               and Economic Analysis, International                    Bainbridge Island, WA, 98110; (206)                   country or market. In any such
                                               Trade Administration, (202) 482–5131                    319–1105.                                             agreement (i) AGC or the Member acting
                                               (this is not a toll-free number) or email                 Application No.: 18–00002.                          as the exclusive export intermediary
                                               at etca@trade.gov.                                        Date Deemed Submitted: October 22,                  may agree not to represent any other
                                               SUPPLEMENTARY INFORMATION: Title III of                 2018.                                                 supplier of Export Product with respect
                                               the Export Trading Company Act of                         Summary: AGC and its seven                          to one or more export market, and (ii)
                                               1982 (15 U.S.C. Sections 4001–21) (‘‘the                proposed Members (as defined in 15                    Members may agree that they will
                                               Act’’) authorizes the Secretary of                      CFR 352.2(l)) seek a Certificate to engage            export the quantity of Export Product
                                               Commerce to issue Export Trade                          in the export conduct described below.                dedicated for sale in such export
                                               Certificates of Review. A Certificate                   Applicant/Certificate Holder                          markets only through AGC or the
                                               protects the holder and the members                                                                           Member acting as exclusive export
khammond on DSK30JT082PROD with NOTICES




                                                                                                       • AGC
                                               identified in the Certificate from State                                                                      intermediary, and that they will not
                                               and Federal government antitrust                        Proposed Members                                      export Export Product otherwise, either
                                               actions and from private treble damage                  • Ocean Peace, Inc., Seattle, WA                      directly or through any other export
                                               antitrust actions for the export conduct                • M/V Savage, Inc., Seattle, WA                       intermediary.
                                               specified in the Certificate and carried                • AK Victory, Inc., Seattle, WA                         3. AGC and/or one or more of its
                                               out in compliance with its terms and                    • The Fishing Company of Alaska, Inc.,                Members may engage in joint bidding or
                                               conditions. The regulations                               Seattle, WA                                         selling arrangements for export markets


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Document Created: 2018-11-06 00:18:20
Document Modified: 2018-11-06 00:18:20
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 November 6, 2018.
ContactRyan Mullen or Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5260 and (202) 482-1491, respectively.
FR Citation83 FR 55517 

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