83 FR 5609 - Silicomanganese From the People's Republic of China and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 27 (February 8, 2018)
International Trade Administration
Federal Register Volume 83, Issue 27 (February 8, 2018)
| Page Range | 5609-5611 | |
| FR Document | 2018-02523 |
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)] [Notices] [Pages 5609-5611] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02523] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-864, A-823-805] Silicomanganese From the People's Republic of China and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on [[Page 5610]] silicomanganese from the People's Republic of China (China) and Ukraine would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the ``Final Results of Review'' section of this notice. DATES: Applicable February 8, 2018. FOR FURTHER INFORMATION CONTACT: Joseph Degreenia, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6430. SUPPLEMENTARY INFORMATION: Background On October 4, 2017, Commerce published the notice of initiation of the fourth sunset reviews of the antidumping duty orders \1\ on silicomanganese from China and Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On October 19, 2017, Commerce received a notice of intent to participate from Eramet Marietta, Inc. (Eramet), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ On October 9, 2017, Commerce received a letter from the Trade Defense Department of the Ministry of Economic Development and Trade (TDDMEDT) of Ukraine in which TDDMEDT stated its intent to participate as an interested party in this proceeding.\4\ Eramet claimed interested party status under section 771(9)(C) of the Act, as a domestic producer of silicomanganese.\5\ On November 3, 2017, Commerce received complete substantive responses from Eramet within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\6\ We received no substantive response from any other domestic or respondent interested parties in this proceeding, nor was a hearing requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C), Commerce conducted expedited (120-day) sunset reviews of the AD Orders. Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of these sunset reviews is now February 5, 2018.\7\ --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order: Silicomanganese from the People's Republic of China (PRC), 59 FR 66003 (December 22, 1994) and Suspension Agreement on Silicomanganese from Ukraine; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 66 FR 43838, August 21, 2001 (AD Orders). \2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 46221 (October 4, 2017). \3\ See letters from Eramet, ``Five-Year (``Sunset'') Review of Antidumping Duty Order on Silicomanganese from the People's Republic of China: Notice of Intent to Participate,'' dated October 19, 2017 (Eramet China NOITP) and ``Five-Year (``Sunset'') Review of Antidumping Duty Order on Silicomanganese from Ukraine: Notice of Intent to Participate,'' dated October 19, 2017 (Eramet Ukraine NOITP). \4\ See letter from Government of Ukraine, ``Entry of Appearance: Five-Year ``Sunset'' Review of the Antidumping Duty Order on Silicomanganese from China, and Ukraine (4th Review), DOC Case No. A-823-805,'' dated October 9, 2017. \5\ See Eramet China NOITP, at 1; and Eramet Ukraine NOITP, at 1. \6\ See letters from Eramet, ``Five-Year (``Sunset'') Review of Antidumping Duty Order on Silicomanganese from the People's Republic of China: Eramet's Substantive Response to Notice of Initiation,'' dated November 3, 2017 (Eramet China Substantive Response) and ``Five-Year (``Sunset'') Review of Antidumping Duty Order on Silicomanganese from Ukraine: Eramet's Substantive Response to Notice of Initiation,'' dated November 3, 2017 (Eramet Ukraine Substantive Response). \7\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- Scope of the AD Orders The merchandise covered by these orders is silicomanganese. Silicomanganese, which is sometimes called ferrosilicon manganese, is a ferroalloy composed principally of manganese, silicon, and iron, and normally contains much smaller proportions of minor elements, such as carbon, phosphorous and sulfur. Silicomanganese generally contains by weight not less than 4 percent iron, more than 30 percent manganese, more than 8 percent silicon and not more than 3 percent phosphorous. All compositions, forms and sizes of silicomanganese are included within the scope of these orders, including silicomanganese slag, fines and briquettes. Silicomanganese is used primarily in steel production as a source of both silicon and manganese. Silicomanganese is currently classifiable under subheading 7202.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Some silicomanganese may also currently be classifiable under HTSUS subheading 7202.99.5040.\8\ The AD Orders cover all silicomanganese, regardless of its tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the AD Orders remains dispositive.\9\ --------------------------------------------------------------------------- \8\ 7202.99.5040 is the applicable HTSUS statistical reporting prior to July 2, 2003. Effective July 2, 2003, the subject merchandise that would originally have entered under 7202.99.5040 now enters under 7202.99.8040. \9\ See Continuation of Antidumping Duty Orders: Silicomanganese from the People's Republic of China and Ukraine, 77 FR 66956 (November 8, 2012). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the AD Orders were revoked, are addressed in the Issues and Decision Memorandum,\10\ dated concurrently with, and hereby adopted by this notice. The Issues and 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 https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \10\ See Commerce's memorandum, ``Issues and Decision Memorandum for the Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order on Silicomanganese from the People's Republic of China and Ukraine,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the AD Orders on silicomanganese from China and Ukraine would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 150 percent for China and 163 percent for Ukraine. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply [[Page 5611]] with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CR 351.218. Dated: February 2, 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. [FR Doc. 2018-02523 Filed 2-7-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices 5609
Commerce, 1401 Constitution Ave. NW, Dated: February 2, 2018.
Washington, DC 20230. Gary Taverman,
This determination and notice are in Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
accordance with section 702(a) of the
Performing the Non-Exclusive Functions and
Act. Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Gross 1 Net 2
Country Program(s) subsidy subsidy
($/lb) ($/lb)
28 European Union Member States 3 .......................... European Union Restitution Payments ........................ $ 0.00 $0.00
Canada ......................................................................... Export Assistance on Certain Types of Cheese .......... 0.45 0.45
Norway .......................................................................... Indirect (Milk) Subsidy .................................................. 0.00 0.00
Consumer Subsidy ....................................................... 0.00 0.00
Total ....................................................................... ....................................................................................... 0.00 0.00
Switzerland ................................................................... Deficiency Payments .................................................... 0.00 0.00
1 Definedin 19 U.S.C. 1677(5).
2 Definedin 19 U.S.C. 1677(6).
3 The28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slo-
venia, Spain, Sweden, and the United Kingdom.
[FR Doc. 2018–02519 Filed 2–7–18; 8:45 am] number USA–CDA–2018–1904–02 to support of any reviewable portion of the
BILLING CODE 3510–DS–P this request. final determination may participate in
FOR FURTHER INFORMATION CONTACT: Paul the panel review by filing a Notice of
E. Morris, United States Secretary, Appearance in accordance with Rule 40
DEPARTMENT OF COMMERCE NAFTA Secretariat, Room 2061, 1401 within 45 days after the filing of the first
Constitution Avenue NW, Washington, Request for Panel Review (the deadline
International Trade Administration DC 20230, (202) 482–5438. for filing a Notice of Appearance is
SUPPLEMENTARY INFORMATION: Chapter March 5, 2018); and
North American Free Trade Agreement (c) The panel review shall be limited
(NAFTA), Article 1904 Binational Panel 19 of Article 1904 of NAFTA provides
a dispute settlement mechanism to the allegations of error of fact or law,
Review: Notice of Request for Panel including challenges to the jurisdiction
Review involving trade remedy determinations
issued by the Government of the United of the investigating authority, that are
States, the Government of Canada, and set out in the Complaints filed in the
AGENCY: United States Section, NAFTA panel review and to the procedural and
Secretariat, International Trade the Government of Mexico. Following a
Request for Panel Review, a Binational substantive defenses raised in the panel
Administration, Department of review.
Commerce. Panel is composed to review the trade
remedy determination being challenged Dated: February 2, 2018.
ACTION: Notice of NAFTA Request for and issue a binding Panel Decision. Paul E. Morris,
Panel Review in the matter of 100- to There are established NAFTA Rules of U.S. Secretary, NAFTA Secretariat.
150-Seat Large Civil Aircraft from Procedure for Article 1904 Binational [FR Doc. 2018–02475 Filed 2–7–18; 8:45 am]
Canada: Final Affirmative Panel Reviews, which were adopted by BILLING CODE 3510–GT–P
Determination of Sales at Less Than Fair the three governments for panels
Value (Secretariat File Number: USA– requested pursuant to Article 1904(2) of
CDA–2018–1904–02). NAFTA which requires Requests for DEPARTMENT OF COMMERCE
Panel Review to be published in
SUMMARY: Requests for Panel Review accordance with Rule 35. For the International Trade Administration
were filed on behalf of Bombardier Inc. complete Rules, please see https://
and C Series Aircraft Limited [A–570–864, A–823–805]
www.nafta-sec-alena.org/Home/Texts-
Partnership and the Government of of-the-Agreement/Rules-of-Procedure/ Silicomanganese From the People’s
Canada with the United States Section Article-1904. Republic of China and Ukraine: Final
of the NAFTA Secretariat on January 19, The Rules provide that: Results of Expedited Fourth Sunset
2018, pursuant to NAFTA Article 1904. (a) A Party or interested person may Reviews of the Antidumping Duty
Panel Review was requested of the challenge the final determination in Orders
Department of Commerce’s Final whole or in part by filing a Complaint
daltland on DSKBBV9HB2PROD with NOTICES
Affirmative Determination of Sales at in accordance with Rule 39 within 30 AGENCY: Enforcement and Compliance,
Less Than Fair Value regarding 100- to days after the filing of the first Request International Trade Administration,
150-Seat Large Civil Aircraft from for Panel Review (the deadline for filing Department of Commerce.
Canada. The final determination was a Complaint is February 20, 2018); SUMMARY: As a result of these sunset
published in the Federal Register on (b) A Party, investigating authority or reviews, the Department of Commerce
December 27, 2017 (82 FR 61,255). The interested person that does not file a (Commerce) finds that revocation of the
NAFTA Secretariat has assigned case Complaint but that intends to appear in antidumping duty (AD) orders on
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![Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices 5611
with the regulations and terms of an duration of the closure of the Federal HTSUS subheading is provided for
APO is a violation which is subject to Government from January 20 through convenience and customs purposes, the
sanction. 22, 2018. If the new deadline falls on a written description of the merchandise
We are issuing and publishing these non-business day, in accordance with under the order is dispositive.5
results and notice in accordance with Commerce’s practice, the deadline will
sections 751(c), 752(c), and 777(i)(1) of become the next business day. The Analysis of Comments Received
the Act and 19 CR 351.218. revised deadline for the final results of All issues raised by GEO, the
Dated: February 2, 2018. this review is now February 5, 2018.2 domestic interested party, in its case
Gary Taverman, For a description of events that have brief are addressed in the Issues and
Deputy Assistant Secretary for Antidumping
occurred since the Preliminary Results, Decision Memorandum. No other party
and Countervailing Duty Operations, see the Issues and Decision filed a case or rebuttal brief. A list of the
performing the non-exclusive functions and Memorandum.3 The Issues and Decision issues addressed in the Issues and
duties of the Assistant Secretary for Memorandum is a public document and Decision Memorandum is appended to
Enforcement and Compliance. is on file electronically via Enforcement this notice.
[FR Doc. 2018–02523 Filed 2–7–18; 8:45 am] and Compliance’s Antidumping and
Countervailing Duty Centralized Final Results of the Changed
BILLING CODE 3510–DS–P
Electronic Service System (ACCESS). Circumstances Review
ACCESS is available to registered users Commerce finds that, based upon the
DEPARTMENT OF COMMERCE at http://access.trade.gov, and is record of the CCR, Salvi has not
available to all parties in the Central demonstrated that its sales of glycine are
International Trade Administration Records Unit, room B8024 of the main of non-Chinese origin, and therefore,
[A–570–836] Department of Commerce building. In Salvi, along with its importers, are not
addition, a complete version of the permitted to participate in the
Glycine From the People’s Republic of Issues and Decision Memorandum can certification process. Thus, glycine
China: Final Results of the Changed be accessed directly at http:// produced by Salvi continues to be
Circumstances Review enforcement.trade.gov/frn/index.html. subject to the Order.6
The signed Issues and Decision
AGENCY: Enforcement and Compliance, Memorandum and the electronic Notification to Parties
International Trade Administration, versions of the Issues and Decision This notice is the only reminder to
Department of Commerce. Memorandum are identical in content. parties subject to administrative
SUMMARY: The Department of Commerce
protective order (APO) of their
(Commerce) determines, in the context Scope of the Order
responsibility concerning the
of the changed circumstance review The product covered by this disposition of proprietary information
(CCR) of the antidumping duty order on antidumping duty order is glycine, disclosed under APO in accordance
glycine from the People’s Republic of which is a free-flowing crystalline with 19 CFR 351.305(a)(3). Timely
China (China), that Salvi Chemical material, like salt or sugar. Glycine is written notification of the return or
Industries Ltd. (Salvi) and its importers, produced at varying levels of purity and destruction of APO materials or
are ineligible to participate in a is used as a sweetener/taste enhancer, a conversion to judicial protective order is
certification process because, after buffering agent, reabsorbable amino hereby requested. Failure to comply
further review of the record evidence acid, chemical intermediate, and a metal with the regulations and terms of an
and comments submitted, we find Salvi complexing agent. This proceeding APO is a sanctionable violation.
has not demonstrated that the sales of includes glycine of all purity levels. Commerce is issuing and publishing
glycine examined are of non-Chinese Glycine is currently classified under these results in accordance with
origin. As a result, glycine produced by subheading 2922.49.4020 of the sections 751(b)(1) and (4) and 777(i) of
Salvi continues to be subject to the Harmonized Tariff Schedule of the the Tariff Act of 1930, as amended, and
Order on glycine. United States (HTSUS).4 Although the 19 CFR 351.216 and 19 CFR
DATES: Applicable February 8, 2018. 351.221(c)(3)(i).
2 See Memorandum for The Record from
FOR FURTHER INFORMATION CONTACT:
Christian Marsh, Deputy Assistant Secretary for Dated: February 2, 2018.
Madeline Heeren, AD/CVD Operations, Enforcement and Compliance, performing the non- Gary Taverman,
Office VI, Enforcement and Compliance, exclusive functions and duties of the Assistant
International Trade Administration, Secretary for Enforcement and Compliance, Deputy Assistant Secretary for Antidumping
‘‘Deadlines Affected by the Shutdown of the and Countervailing Duty Operations,
U.S. Department of Commerce, 1401
Federal Government’’ (Tolling Memorandum), Performing the Non-Exclusive Functions and
Constitution Avenue NW, Washington, dated January 23, 2018. All deadlines in this Duties of the Assistant Secretary for
DC 20230; telephone: (202) 482–9179. segment of the proceeding have been extended by Enforcement and Compliance.
SUPPLEMENTARY INFORMATION: 3 days. The new deadline falls on Sunday, February
4, 2018. The next business day is Monday, February Appendix—List of Topics Discussed in
Background 5, 2018. the Issues and Decision Memorandum
3 See ‘‘Issues and Decision Memorandum for the
Commerce initiated this CCR on Final Results of the Antidumping Duty Changed I. Summary
November 16, 2016, and published the Circumstances Review of Glycine from the People’s II. Background
Preliminary Results on August 11, Republic of China,’’ dated concurrently with and III. Scope of the Order
hereby adopted in this notice (Issues and Decision
2017.1 Commerce has exercised its Memorandum).
IV. Discussion of Issues
discretion to toll deadlines for the Comment 1: Whether Salvi is Producing
daltland on DSKBBV9HB2PROD with NOTICES
4 In separate scope rulings, Commerce determined
that: (a) D(-) Phenylglycine Ethyl Dane Salt is
Glycine from Non-Chinese Origin Raw
1 See Glycine from the People’s Republic of outside the scope of the order and (b) Chinese-
5 See Antidumping Duty Order: Glycine from the
China: Initiation of Antidumping Duty Changed origin glycine exported from India remains the
Circumstances Review, 81 FR 81064 (November 17, same class or kind of merchandise as the Chinese- People’s Republic of China, 60 FR 16116 (March 29,
2016); see also Glycine from the People’s Republic origin glycine imported into India. See Notice of 1995) (Order).
of China: Preliminary Results of Changed Scope Rulings and Anticircumvention Inquiries, 62 6 This determination applies to all importers of
Circumstances Review, 82 FR 37564 (August 11, FR 62288 (November 21, 1997) and Circumvention glycine produced by Salvi, including Nutracare
2017) (Preliminary Results). Notice, respectively. International (Nutracare).
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Document Created: 2018-02-08 00:16:24
Document Modified: 2018-02-08 00:16:24
| 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 February 8, 2018. | |
| Contact | Joseph Degreenia, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6430. | |
| FR Citation | 83 FR 5609 |
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