Federal Register/Vol. 83, No. 221/Thursday, November 15, 2018
Total Page:16
File Type:pdf, Size:1020Kb
Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices 57421 with regard to this program, which had Public Comment DEPARTMENT OF COMMERCE the lowest rate in the Preliminary Determination among the programs Case briefs or other written comments International Trade Administration may be submitted to the Assistant alleged to be inconsistent with the SCM [A–570–073] Agreement. In so doing, we intend to Secretary for Enforcement and limit the corresponding offset to the Compliance no later than seven days Antidumping Duty Investigation of dumping margin (if one is found) in the after the date on which the last Common Alloy Aluminum Sheet From companion antidumping duty verification report is issued in this the People’s Republic of China: investigation, which best fulfills our investigation. Rebuttal briefs, limited to Affirmative Final Determination of statutory mandate ‘‘to ensure that the issues raised in case briefs, may be Sales at Less-Than-Fair Value party does not obtain a more favorable submitted no later than five days after result by failing to cooperate than if it the deadline date for case briefs.20 AGENCY: Enforcement and Compliance, had cooperated fully,’’ 18 and induce Pursuant to 19 CFR 351.309(c)(2) and International Trade Administration, future cooperation by companies in (d)(2), parties who submit case briefs or Department of Commerce. investigations where the petitioners rebuttal briefs in this investigation are SUMMARY: The Department of Commerce allege the existence of programs encouraged to submit with each (Commerce) determines that common potentially inconsistent with the SCM argument: (1) A statement of the issue; alloy aluminum sheet (common alloy Agreement. (2) a brief summary of the argument; sheet) from the People’s Republic of 21 China (China) is being, or is likely to be, Because we preliminarily find that the and (3) a table of authorities. sold in the United States at less-than- ‘‘Export Assistance Grants’’ program is Electronically filed documents must fair value (LTFV) for the period of export contingent, we preliminarily find be received successfully in their entirety investigation (POI) April 1, 2017, that the criterion under section by 5:00 p.m. Eastern Time on the due through September 30, 2017. 703(e)(1)(A) of the Act has been met. In dates established above.22 addition, for the purposes of the DATES: Applicable November 15, 2018. ‘‘massive imports’’ analysis, we Suspension of Liquidation FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Julie Geiger, AD/CVD preliminarily determine, pursuant to In accordance with section Operations, Office VI, Enforcement and section 776(b) of the Act, that Fasa 703(e)(2)(A) of the Act, for Fasa Compliance, International Trade Industrial and Hero Stone shipped Industrial and Hero Stone, we will Administration, U.S. Department of quartz surface products in ‘‘massive’’ direct U.S. Customs and Border quantities during the comparison Commerce, 1401 Constitution Avenue Protection (CBP) to suspend liquidation NW, Washington, DC 20230; telephone period, thereby fulfilling the criteria of any unliquidated entries of subject 19 (202) 482–4947 and (202) 482–2057, under section 703(e)(1)(B) of the Act. merchandise from the China entered, or As a result, we preliminarily determine respectively. withdrawn from warehouse for that critical circumstances exist with consumption, on or after June 23, 2018, SUPPLEMENTARY INFORMATION: regard to Fasa Industrial and Hero which is 90 days prior to the date of Stone. Background publication of the Preliminary On June 6, 2018, Commerce published All Other Companies Determination in the Federal Register. For such entries, CBP shall require a in the Federal Register the Preliminary We based the all-others rate applied Determination and invited interested cash deposit equal to the estimated 1 in the Preliminary Determination on the preliminary subsidy rates established parties to comment. On August 8, 2018, rate preliminarily calculated for Foshan for Fasa Industrial and Hero Stone in Commerce published in the Federal Yixin. As noted above, we preliminarily the Preliminary Determination. This Register the Amended Preliminary Determination.2 A summary of the found that Foshan Yixin did not use any suspension of liquidation will remain in events that occurred since Commerce countervailable subsidies inconsistent effect until further notice. with the SCM Agreement. As a result, published the Preliminary we also preliminarily determine that all ITC Notification Determination, as well as a full other exporters of subject merchandise discussion of the issues raised by parties from China not selected as mandatory In accordance with section 703(f) of for this final determination, may be respondents did not use countervailable the Act, we will notify the ITC of this found in the Issues and Decision subsidies inconsistent with the SCM preliminary determination of critical Memorandum that is dated concurrently Agreement, and thus preliminarily find circumstances. with this determination and hereby that critical circumstances do not exist This determination is issued and adopted by this notice.3 with respect to the companies covered published pursuant to sections 703(f) by the all-others rate. and 777(i)(1) of the Act. 1 See Antidumping Duty Investigation of Common Alloy Aluminum Sheet from the People’s Republic Final Determination Dated: November 8, 2018. of China: Affirmative Preliminary Determination of Gary Taverman, Sales at Less-Than-Fair Value, Preliminary Affirmative Determination of Critical Circumstance, We will make a final determination Deputy Assistant Secretary for Antidumping and Postponement of Final Determination, 83 FR concerning critical circumstances in the and Countervailing Duty Operations, 29088 (June 22, 2018) (Preliminary Determination) final determination of this investigation, performing the non-exclusive functions and and accompanying Preliminary Decision which is currently scheduled for duties of the Assistant Secretary for Memorandum. 2 January 28, 2019. Enforcement and Compliance. See Common Alloy Aluminum Sheet from the People’s Republic of China: Amended Preliminary [FR Doc. 2018–24941 Filed 11–14–18; 8:45 am] Affirmative Determination of Sales at Less Than 18 Statement of Administrative Action BILLING CODE 3510–DS–P Fair Value, 83 FR 39056 (August 8, 2018) (Amended accompanying the Uruguay Round Agreements Act, Preliminary Determination). H.R. Doc. 103–316, Vol. 1 (1994) at 870, reprinted 3 See Memorandum, ‘‘Issues and Decision in 1994 U.S.C.C.A.N. 4040, 4199. 20 See 19 CFR 351.309(d)(1). Memorandum for the Final Results of the 19 See Critical Circumstances Allegation at 21 See 19 CFR 351.309(c)(2) and (d)(2). Antidumping Duty Investigation of Common Alloy Exhibit 1. 22 See 19 CFR 351.303(b)(1). Continued VerDate Sep<11>2014 16:53 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1 khammond on DSK30JT082PROD with NOTICES 57422 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices The Issues and Decision We used standard verification Mingtai’s margin calculation since the Memorandum is a public document and procedures, including an examination of Preliminary Determination. For Mingtai, is on file electronically via Enforcement relevant accounting and financial we calculated U.S. price and normal and Compliance’s Antidumping and records, and original source documents value using the same methodology Countervailing Duty Centralized provided by Mingtai. stated in the Preliminary Determination, Electronic Service System (ACCESS). except as follows: Period of Investigation ACCESS is available to registered users • We revised the surrogate value for at http://access.trade.gov and is The POI is April 1, 2017, through Mingtai’s argon factor of production available to all parties in the Central September 30, 2017. using data from Bulgaria instead of Records Unit, Room B8024 of the main Analysis of Comments Received South Africa. Department of Commerce building. In • addition, a complete version of the The issues raised in the case and We revised the surrogate value for Issues and Decision Memorandum can rebuttal briefs that were submitted by Mingtai’s prompt aluminum scrap factor be accessed directly at http:// parties are discussed in the Issues and of production. enforcement.trade.gov/frn/. The signed Decision Memorandum. A list of the • We revised Mingtai’s normal value Issues and Decision Memorandum and issues that parties raised, and to which calculation by: (1) Disallowing a the electronic version are identical in we responded in the Issues and claimed by-product offset; and (2) content. Decision Memorandum, is attached to treating run-around aluminum scrap as this notice at Appendix II. Scope Comments a direct material input, not as a by- Final Affirmative Determination, in product. We invited parties to comment on Part, of Critical Circumstances Commerce’s Scope Comments China-Wide Entity Preliminary Decision Memorandum.4 In the Preliminary Determination, we For the final determination, we Commerce has reviewed the briefs found that critical circumstances exist continue to find that the China-wide submitted by interested parties, for to Nanjie Resources Co., Limited entity, which includes certain Chinese considered the arguments therein, and (Nanjie), Yong Jie New Material Co., exporters and/or producers that did not has made no changes to the scope of the Ltd. (Yong Jie New Material), and respond to Commerce’s requests for investigation.