83 FR 8839 - Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 41 (March 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 41 (March 1, 2018)
| Page Range | 8839-8841 | |
| FR Document | 2018-04173 |
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)] [Notices] [Pages 8839-8841] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04173] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-825] Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017 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 not made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results. DATES: Applicable March 1, 2018. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Background Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from Brazil. The period of review (POR) is February 1, 2016, through January 31, 2017. The review covers one producer/exporter of the subject merchandise, Villares Metals S.A. (Villares). 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 description of the scope of the order is contained in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See the Memorandum, ``Stainless Steel Bar from Brazil: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2016-2017,'' dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price and export [[Page 8840]] price are calculated in accordance with section 772 of the Act. Normal value is 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 as an Appendix to this notice. Preliminary Results of Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 0.00 percent exists for Villares for the period February 1, 2016, through January 31, 2017. Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). 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.\2\ 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.\3\ --------------------------------------------------------------------------- \2\ See 19 CFR 351.309(d). \3\ See 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Acting Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\4\ 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. 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. --------------------------------------------------------------------------- \4\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates If Villares' weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer- specific assessment rate based on the ratio of the total amount of antidumping duties calculated for each importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). If Villares' weighted-average dumping margin continues to be zero or de minimis in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) not to assess duties on any of its entries in accordance with the Final Modification for Reviews.\5\ --------------------------------------------------------------------------- \5\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). --------------------------------------------------------------------------- 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 The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of SSB from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(1) and (2) of the Act: (1) The cash deposit rate for Villares will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is covered, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 19.43 percent, the all-others rate established in the LTFV Stainless Steel Bar from Brazil.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from Brazil, 59 FR 66914 (December 28, 1994) (LTFV Stainless Steel Bar from Brazil). --------------------------------------------------------------------------- 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 review period. 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 351.221. Dated: February 23, 2018. Prentiss Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. 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 V. Currency Conversion [[Page 8841]] VI. Recommendation [FR Doc. 2018-04173 Filed 2-28-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Notices 8839
ITC determines that such injury does Tariff Schedule of the United States DEPARTMENT OF COMMERCE
exist, Commerce will issue an (HTSUS), while the B99 product is currently
antidumping duty order directing CBP classifiable under HTSUS subheading International Trade Administration
to assess, upon further instruction by 3826.00.3000. Although the HTSUS
subheadings, ASTM specifications, and CAS [A–351–825]
Commerce, antidumping duties on all numbers are provided for convenience and
imports of the subject merchandise customs purposes, the written description of Stainless Steel Bar From Brazil:
entered, or withdrawn from warehouse, the scope is dispositive. Preliminary Results of Antidumping
for consumption on or after the effective Duty Administrative Review; 2016–
date of the suspension of liquidation, as Appendix II—List of Topics Discussed 2017
discussed above in the ‘‘Continuation of in the Issues and Decision
Suspension of Liquidation’’ section. Memorandum AGENCY: Enforcement and Compliance,
International Trade Administration,
Notification Regarding Administrative I. Summary
II. Background Department of Commerce.
Protective Orders
III. Scope of the Investigation SUMMARY: The Department of Commerce
This notice will serve as the only IV. Final Affirmative Determination of (Commerce) preliminarily finds that the
reminder to parties subject to Critical Circumstances, in Part sole exporter subject to this
administrative protective order (APO) of V. Changes Since the Preliminary administrative review has not made
their responsibility concerning the Determination sales of subject merchandise at less than
destruction of proprietary information VI. Use of Facts Otherwise Available and normal value. We invite interested
disclosed under APO in accordance Adverse Inferences
VII. Discussion of the Issues
parties to comment on these preliminary
with 19 CFR 351.305(a)(3). Timely results.
Comment 1: Whether It Is Appropriate To
written notification of return/ Adjust Normal Value for the Renewable DATES: Applicable March 1, 2018.
destruction or APO materials or Identification Number Value FOR FURTHER INFORMATION CONTACT:
conversion to judicial protective order is Comment 2: Whether the Determination To
hereby requested. Failure to comply Dmitry Vladimirov, Office I,
Disregard Home Market Prices Due to
with the regulations and the terms of an Enforcement and Compliance,
Particular Market Situation Contradicts
APO is a sanctionable violation. Commerce Precedent
International Trade Administration,
Comment 3: Whether the Particular Market U.S. Department of Commerce, 1401
Notification to Interested Parties Situation Permits Disregarding Raw Constitution Avenue NW, Washington,
We are issuing and publishing this Material Costs DC 20230; telephone: (202) 482–0665.
determination and notice in accordance Comment 4: Whether the Particular Market SUPPLEMENTARY INFORMATION:
with sections 735(d) and 777(i) of the Situation Adjustment for Soybean Export
Tax Results in Double Counting Background
Act and 19 CFR 351.210(c).
Comment 5: Whether To Adjust the Commerce is conducting an
Dated: February 20, 2018. Constructed Value Profit Calculation
administrative review of the
Prentiss Lee Smith, Comment 6: Whether Commerce’s Use of
Its Inflation Methodology Should Be antidumping duty order on stainless
Deputy Assistant Secretary for Policy and
Determined on a Country-Wide or steel bar (SSB) from Brazil. The period
Negotiations.
Company-Specific Basis of review (POR) is February 1, 2016,
Appendix I—Scope of the Investigation Comment 7: Whether It Is Appropriate To through January 31, 2017. The review
The product covered by this investigation Index Costs for Inflation if Commerce covers one producer/exporter of the
is biodiesel, which is a fuel comprised of Finds a Particular Market Situation subject merchandise, Villares Metals
mono-alkyl esters of long chain fatty acids Comment 8: Whether To Deduct Export S.A. (Villares).
derived from vegetable oils or animal fats, Taxes From Gross Unit Prices
including biologically-based waste oils or Comment 9: Whether To Apply Adverse Scope of the Order
greases, and other biologically-based oil or fat Facts Available to Certain Unreported The merchandise subject to the order
sources. The investigation covers biodiesel in LDC Expenses
is SSB. The SSB subject to the order is
pure form (B100) as well as fuel mixtures Comment 10: Whether To Apply Facts
Available to LDC’s Unreported U.S. Sales
currently classifiable under subheadings
containing at least 99 percent biodiesel by
volume (B99). For fuel mixtures containing Comment 11: Treatment of Vicentin 7222.10.00, 7222.11.00, 7222.19.00,
less than 99 percent biodiesel by volume, Group’s EPA-Related Soybean Expenses 7222.20.00, 7222.30.00 of the
only the biodiesel component of the mixture Comment 12: Whether To Apply Adverse Harmonized Tariff Schedule of the
is covered by the scope of the investigation. Facts Available to Molinos’s Export United States (HTSUS). While the
Biodiesel is generally produced to Expenses HTSUS subheadings are provided for
American Society for Testing and Materials Comment 13: Whether To Adjust convenience and customs purposes, the
International (ASTM) D6751 specifications, Patagonia’s Costs for the Change in written description is dispositive. A full
but it can also be made to other Biodiesel Finished Goods Inventories description of the scope of the order is
specifications. Biodiesel commonly has one Comment 14: Whether To Reduce
of the following Chemical Abstracts Service contained in the Preliminary Decision
Patagonia’s Byproduct Offset by
(CAS) numbers, generally depending upon Commissions Paid on the Sales of the
Memorandum.1
the feedstock used: 67784–80–9 (soybean oil Byproduct Methodology
methyl esters); 91051–34–2 (palm oil methyl Comment 15: Whether To Adjust
esters); 91051–32–0 (palm kernel oil methyl Vicentin’s Reported Costs for an Commerce conducted this review in
esters); 73891–99–3 (rapeseed oil methyl Unreconcilable Cost Difference accordance with section 751(a)(2) of the
esters); 61788–61–2 (tallow methyl esters); Comment 16: Whether Elements of the Tariff Act of 1930, as amended (the Act).
amozie on DSK30RV082PROD with NOTICES
68990–52–3 (vegetable oil methyl esters); Renova Transfer Price to Actual Constructed export price and export
129828–16–6 (canola oil methyl esters); Processing Cost Comparison Are on an
67762–26–9 (unsaturated alkylcarboxylic Inconsistent Basis and Require 1 See the Memorandum, ‘‘Stainless Steel Bar from
acid methyl ester); or 68937–84–8 (fatty Adjustment Brazil: Decision Memorandum for Preliminary
acids, C12–C18, methyl ester). VIII. Recommendation Results of Antidumping Duty Administrative
The B100 product subject to the Review; 2016–2017,’’ dated concurrently with, and
investigation is currently classifiable under [FR Doc. 2018–04137 Filed 2–28–18; 8:45 am] hereby adopted by this notice (Preliminary Decision
subheading 3826.00.1000 of the Harmonized BILLING CODE 3510–DS–P Memorandum).
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![Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Notices 8841
VI. Recommendation received are a part of the public record defines ‘‘harassment’’ as: Any act of
[FR Doc. 2018–04173 Filed 2–28–18; 8:45 am] and will generally be posted online at pursuit, torment, or annoyance which (i)
BILLING CODE 3510–DS–P https://www.fisheries.noaa.gov/ has the potential to injure a marine
national/marine-mammal-protection/ mammal or marine mammal stock in the
incidental-take-authorizations-research- wild (Level A harassment); or (ii) has
DEPARTMENT OF COMMERCE and-other-activities without change. All the potential to disturb a marine
personal identifying information (e.g., mammal or marine mammal stock in the
National Oceanic and Atmospheric name, address) voluntarily submitted by wild by causing disruption of behavioral
Administration the commenter may be publicly patterns, including, but not limited to,
RIN 0648–XF831 accessible. Do not submit confidential migration, breathing, nursing, breeding,
business information or otherwise feeding, or sheltering (Level B
Takes of Marine Mammals Incidental to sensitive or protected information. harassment).
Specified Activities; Taking Marine FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act
Mammals Incidental to Lighthouse Amy Fowler, Office of Protected
Repair and Tour Operations at Resources, NMFS, (301) 427–8401. To comply with the National
Northwest Seal Rock, California Electronic copies of the application and Environmental Policy Act of 1969
AGENCY: National Marine Fisheries supporting documents, as well as a list (NEPA; 42 U.S.C. 4321 et seq.) and
Service (NMFS), National Oceanic and of the references cited in this document, NOAA Administrative Order (NAO)
Atmospheric Administration (NOAA), may be obtained online at: https:// 216–6A, NMFS must review our
Commerce. www.fisheries.noaa.gov/national/ proposed action (i.e., the issuance of an
marine-mammal-protection/incidental- incidental harassment authorization)
ACTION: Notice; proposed incidental
take-authorizations-research-and-other- with respect to potential impacts on the
harassment authorization; request for
activities. In case of problems accessing human environment. This action is
comments.
these documents, please call the contact consistent with categories of activities
SUMMARY: NMFS has received a request listed above. identified in Categorical Exclusion B4
from the St. George Reef Lighthouse SUPPLEMENTARY INFORMATION: (incidental harassment authorizations
Preservation Society (Society) for with no anticipated serious injury or
authorization to take marine mammals Background mortality) of the Companion Manual for
incidental to conducting aircraft Sections 101(a)(5)(A) and (D) of the NOAA Administrative Order 216–6A,
operations, lighthouse renovation, light MMPA (16 U.S.C. 1361 et seq.) direct which do not individually or
maintenance activities, and tour the Secretary of Commerce (as delegated cumulatively have the potential for
operations on the St. George Reef to NMFS) to allow, upon request, the significant impacts on the quality of the
Lighthouse Station on Northwest Seal incidental, but not intentional, taking of human environment and for which we
Rock (NWSR) in the northeast Pacific small numbers of marine mammals by have not identified any extraordinary
Ocean. Pursuant to the Marine Mammal U.S. citizens who engage in a specified circumstances that would preclude this
Protection Act (MMPA), NMFS is activity (other than commercial fishing) categorical exclusion. Accordingly,
requesting comments on its proposal to within a specified geographical region if NMFS has preliminarily determined
issue an incidental harassment certain findings are made and either that the issuance of the proposed IHA
authorization (IHA) to incidentally take regulations are issued or, if the taking is qualifies to be categorically excluded
marine mammals during the specified limited to harassment, a notice of a from further NEPA review.
activities. NMFS will consider public proposed authorization is provided to We will review all comments
comments prior to making any final the public for review. submitted in response to this notice
decision on the issuance of the An authorization for incidental prior to concluding our NEPA process
requested MMPA authorizations and takings shall be granted if NMFS finds or making a final decision on the IHA
agency responses will be summarized in that the taking will have a negligible request.
the final notice of our decision. impact on the species or stock(s), will Summary of Request
DATES: Comments and information must not have an unmitigable adverse impact
be received no later than April 2, 2018. on the availability of the species or On October 18, 2017, NMFS received
ADDRESSES: Comments should be stock(s) for subsistence uses (where a request from the Society for an IHA to
addressed to Jolie Harrison, Chief, relevant), and if the permissible take marine mammals incidental to
Permits and Conservation Division, methods of taking and requirements restoration, maintenance, and tour
Office of Protected Resources, National pertaining to the mitigation, monitoring operations at St. George Reef Lighthouse
Marine Fisheries Service. Physical and reporting of such takings are set (Station) located on Northwest Seal
comments should be sent to 1315 East- forth. Rock (NWSR) offshore of Crescent City,
West Highway, Silver Spring, MD 20910 NMFS has defined ‘‘negligible California in the northeast Pacific
and electronic comments should be sent impact’’ in 50 CFR 216.103 as ‘‘. . . an Ocean. NMFS determined the
to ITP.Fowler@noaa.gov. impact resulting from the specified application adequate and complete on
Instructions: NMFS is not responsible activity that cannot be reasonably January 17, 2018. The Society’s request
for comments sent by any other method, expected to, and is not reasonably likely is for take of California sea lions
to any other address or individual, or to, adversely affect the species or stock (Zalophus californianus), Steller sea
received after the end of the comment through effects on annual rates of lions (Eumetopias jubatus), northern fur
amozie on DSK30RV082PROD with NOTICES
period. Comments received recruitment or survival.’’ seals (Callorhinus ursinus) and Pacific
electronically, including all The MMPA states that the term ‘‘take’’ harbor seals (Phoca vitulina richardii)
attachments, must not exceed a 25- means to harass, hunt, capture, kill or by Level B harassment only. Neither the
megabyte file size. Attachments to attempt to harass, hunt, capture, or kill Society nor NMFS expects serious
electronic comments will be accepted in any marine mammal. injury or mortality to result from this
Microsoft Word or Excel or Adobe PDF Except with respect to certain activity and, therefore, an IHA is
file formats only. All comments activities not pertinent here, the MMPA appropriate.
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Document Created: 2018-02-28 23:58:11
Document Modified: 2018-02-28 23:58:11
| 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 March 1, 2018. | |
| Contact | Dmitry Vladimirov, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0665. | |
| FR Citation | 83 FR 8839 |
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