AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On August 4, 2015, the U.S. Trade Representative (USTR) instructed the Department of Commerce (Department) to implement its determinations under section 129 of the Uruguay Round Agreements Act (URAA) regarding the antidumping duty (AD) investigations on certain coated paper suitable for high-quality print graphics using sheet-fed presses from the People's Republic of China (PRC); seamless carbon and alloy steel standard, line, and pressure pipe from the PRC; high pressure steel cylinders from the PRC; multilayered wood flooring from the PRC; certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from the PRC; and utility scale wind towers from the PRC; and regarding the AD administrative review of citric acid and citrate salts from the PRC, which renders them not inconsistent with the World Trade Organization (WTO) dispute settlement findings in the Appellate Body report on United States — Countervailing and Anti-dumping Measures on Certain Products from China, WT/DS449/AB/R (July 7, 2014), and the panel report, as modified by the Appellate Body report, WT/DS449/R (March 27, 2014), adopted by the WTO Dispute Settlement Body on July 22, 2014 (DS 449). The Department issued its final determinations in these section 129 proceedings between July 14, 2015, and July 31, 2015. The Department is now implementing these final determinations.
See Memoranda from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding: (1) Section 129 Proceeding (WTO DS449): Antidumping Duty Review of Citric Acid and Citrate Salts from the People's Republic of China—Final Determination (dated July 14, 2015); (2) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China—Final Determination (dated July 16, 2015); (3) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China—Final Determination (dated July 27, 2015); (4) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of High Pressure Steel Cylinders from the People's Republic of China—Final Determination (dated July 16, 2015); (5) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of Multilayered Wood Flooring from the People's Republic of China—Final Determination (dated July 14, 2015); (6) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China—Final Determination (dated July 31, 2015); and (7) Section 129 Proceeding (WTO DS449): Antidumping Duty Investigation of Utility Scale Wind Towers from the People's Republic of China—Final Determination (dated July 31, 2015).
DATES:
Effective Date: August 4, 2015.
FOR FURTHER INFORMATION CONTACT:
Lisa Wang or Erin Begnal, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5673 or (202) 482-1442.
SUPPLEMENTARY INFORMATION:
On January 28, 2015, the Department informed parties that it was initiating proceedings under section 129 of the URAA to implement the findings adopted by the WTO Dispute Settlement Body in DS 449 with respect to the above-referenced AD investigations and administrative review. These proceedings concern the Department's imposition of ADs calculated on the basis of the methodology for nonmarket economy countries prescribed by section 773(c) of the Tariff Act of 1930 (the Act), as amended, concurrently with the imposition of countervailing duties upon the same products without having assessed whether so-called “double remedies,” (i.e., the offsetting of the same subsidy twice) arose from such concurrent duties.
Between February 2015 and April 2015, the Department issued questionnaires to certain respondents in the underlying investigations and administrative review, concerning the issue of double remedies. Between May 2015, and June 2015, the Department issued the preliminary determinations in these section 129 proceedings and provided interested parties an opportunity to comment. Following the comment period, the Department issued its final determinations for the section 129 proceedings between July 14, 2015, and July 31, 2015.
In its August 4, 2015 letter, the USTR notified the Department that, consistent with section 129(b)(3) of the URAA, consultations with the Department and the appropriate congressional committees with respect to the final determinations have been completed. Also on August 4 2015, in accordance with section 129(b)(4) of the URAA, the USTR directed the Department to implement these determinations.
Nature of the Proceedings
Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body.
Specifically, section 129(b)(2) of the URAA provides that “notwithstanding any provision of the Tariff Act of 1930,” upon a written request from the USTR, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. The Statement of Administrative Action, U.R.A.A., H. Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a determination by the Department as a “new,” “second,” and “different” determination. After consulting with the Department and the appropriate congressional committees, the USTR may direct the Department to implement, in whole or in part, the new determination made under section 129 of the URAA. Pursuant to section 129(c) of the URAA, the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered or withdrawn from warehouse, for consumption, on or after the date on which the USTR directs the Department to implement the new determination. The new determination is subject to judicial review, separate and apart from judicial review of the Department's original determination.
See 19 U.S.C. 3538(b)(2).
See SAA at 1025, 1027.
See 19 U.S.C. 3538(b)(4).
See 19 U.S.C. 3538(c).
Final Determinations: Analysis of Comments Received
To the extent that issues were raised by interested parties during the period for comment following the issuance of the preliminary determinations, those issues are addressed in the respective final determinations. The final determinations are public documents and are 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 https://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, complete versions of the final determinations can be accessed directly on the Internet at http://enforcement.trade.gov/download/section129/full-129-index.html. The signed versions of the final determinations and the electronic versions of the final determinations are identical in content.
Final Antidumping Duty Margins
The AD rates, as included in the final determinations are as follows:
Citric Acid and Citrate Salts From the People's Republic of China
[AD review]
| Exporter | Weighted-average margin (percent) |
|---|---|
| RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co, Ltd | 0.00 |
| Yixing Union Biochemical Co., Ltd | 1.01 |
Consistent with our practice, where the product was also subject to a concurrent countervailing duty proceeding, the weighted-average margins listed here reflect a deduction for the countervailing duty determined to constitute an export subsidy.
Consistent with our practice, where the product was also subject to a concurrent countervailing duty proceeding, the weighted-average margins listed here reflect a deduction for the countervailing duty determined to constitute an export subsidy.
Consistent with our practice, where the product was also subject to a concurrent countervailing duty proceeding, the weighted-average margins listed here reflect a deduction for the countervailing duty determined to constitute an export subsidy.
The countervailing duty margins calculated in the concurrent countervailing duty investigation did not consist of any countervailing duty determined to constitute export subsidies.
Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China
[AD investigation]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People's Republic of China
[AD investigation]
High Pressure Steel Cylinders From the People's Republic of China
[AD investigation]
Multilayered Wood Flooring From the People's Republic of China
[AD Investigation]
The countervailing duty margins calculated in the concurrent countervailing duty investigation did not consist of any countervailing duty determined to constitute export subsidies.
Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China
[AD investigation]
Utility Scale Wind Towers From the People's Republic of China
[AD investigation]
Implementation of the Revised Cash Deposit Requirements
On August 4, 2015, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA and after consulting with the Department and Congress, the USTR directed the Department to implement these final determinations. With respect to each of these proceedings, unless the applicable cash deposit rate has been superseded by intervening administrative reviews, the Department will instruct U.S. Customs and Border Protection to require a cash deposit for estimated ADs at the appropriate rate for each exporter/producer specified above, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after August 4, 2015.
This notice of implementation of these section 129 final determinations is published in accordance with section 129(c)(2)(A) of the URAA.
Dated: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-20085 Filed 8-13-15; 8:45 am]
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