Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices

151 Pages·2017·0.64 MB·English

25052 Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices
DEPARTMENT OF HOMELAND duty order, an antidumping duty order, 2016; codified as 19 U.S.C. 4401),
SECURITY or a finding under the Antidumping Act provided new authority for CBP to
of 1921 will be distributed to affected deposit into the CDSOA Special
U.S. Customs and Border Protection domestic producers for certain Account for distribution delinquency
qualifying expenditures that these interest that accrued pursuant to 19
Distribution of Continued Dumping
producers incur after the issuance of U.S.C. 1505(d), equitable interest under
and Subsidy Offset to Affected
such an order or finding. The term common law, and interest under 19
Domestic Producers
‘‘affected domestic producer’’ means U.S.C. 580 for payments received on or
AGENCY: U.S. Customs and Border any manufacturer, producer, farmer, after October 1, 2014, on CDSOA subject
Protection, Department of Homeland rancher or worker representative entries if the payment was made by a
Security. (including associations of such persons) surety in connection with a customs
who:
ACTION: Notice of intent to distribute bond pursuant to a court order or
(A) Was a petitioner or interested
offset for Fiscal Year 2017. judgment, or a litigation settlement with
party in support of a petition with
the surety, including any payments
SUMMARY: Pursuant to the Continued respect to which an antidumping order,
made during the litigation by the surety
Dumping and Subsidy Offset Act of a finding under the Antidumping Act of
with respect to the bond.
2000, this document is U.S. Customs 1921, or a countervailing duty order has
and Border Protection’s (CBP) notice of been entered; On February 9, 2016, President
intent to distribute assessed (B) Remains in operation continuing Obama ordered the sequester of non-
antidumping or countervailing duties to produce the product covered by the exempt budgetary resources for Fiscal
(known as the continued dumping and countervailing duty order, the Year 2017 pursuant to section 251A of
subsidy offset) for Fiscal Year 2017 in antidumping duty order, or the finding the Balanced Budget and Emergency
connection with countervailing duty under the Antidumping Act of 1921; and Deficit Control Act of 1985, as amended
orders, antidumping duty orders, or (C) Has not been acquired by another (81 FR 7693, February 12, 2016). To
findings under the Antidumping Act of company or business that is related to implement this sequester during Fiscal
1921. This document provides the a company that opposed the Year 2017, the calculation of the Office
instructions for affected domestic antidumping or countervailing duty of Management and Budget (OMB)
producers, or anyone alleging eligibility investigation that led to the order or requires a reduction of 6.9 percent of the
to receive a distribution, to file finding (e.g., opposed the petition or assessed duties and interest received in
otherwise presented evidence in
certifications to claim a distribution in
the CDSOA Special Account (account
opposition to the petition). The
relation to the listed orders or findings.
number 015–12–5688). OMB has
distribution that these parties may
DATES: Certifications to obtain a receive is known as the continued concluded that any amounts
continued dumping and subsidy offset dumping and subsidy offset. sequestered in the CDSOA Special
under a particular order or finding must
Section 7601(a) of the Deficit Account during Fiscal Year 2017 will
be received by July 31, 2017 Any
Reduction Act of 2005 repealed 19 become available in the subsequent
certification received after July 31, 2017
U.S.C. 1675c. According to section 7701 fiscal year. See 2 U.S.C. 906(k)(6). As a
will be summarily denied, making
of the Deficit Reduction Act, the repeal result, CBP intends to include the funds
claimants ineligible for the distribution.
takes effect as if enacted on October 1, that are temporarily reduced via
ADDRESSES: Certifications and any other 2005. However, section 7601(b) sequester during Fiscal Year 2017 in the
correspondence (whether by mail, or an
provides that all duties collected on an continued dumping and subsidy offset
express or courier service) must be
entry filed before October 1, 2007, must for Fiscal Year 2017, which will be
addressed to the U.S. Customs and
be distributed as if 19 U.S.C. 1675c had distributed not later than 60 days after
Border Protection, Revenue Division,
not been repealed by section 7601(a). the first day of Fiscal Year 2018 in
Attention: CDSOA Team, 6650 Telecom
The funds available for distribution accordance with 19 U.S.C. 1675c(c). In
Drive, Suite 100, Indianapolis, IN,
were also affected by section 822 of the other words, the continued dumping
46278.
Claims Resolution Act of 2010 and and subsidy offset that affected
FORFURTHERINFORMATIONCONTACT: section 504 of the Tax Relief, domestic producers receive for Fiscal
CDSOA Team, Revenue Division, 6650 Unemployment Insurance Year 2017 will include the funds that
Telecom Drive, Suite 100, Indianapolis, Reauthorization, and Job Creation Act were temporarily sequestered during
IN, 46278; telephone [phone]. of 2010. Fiscal Year 2017.
SUPPLEMENTARYINFORMATION: Historically, the antidumping and Because of the statutory constraints in
countervailing duties assessed and
Background the assessments of antidumping and
received by CBP on CDSOA-subject
countervailing duties, as well as the
The Continued Dumping and Subsidy entries, along with the interest assessed
additional time involved when the
Offset Act of 2000 (CDSOA) was enacted and received on those duties pursuant
Government must initiate litigation to
on October 28, 2000, as part of the to 19 U.S.C. 1677g, were transferred to
collect delinquent antidumping and
Agriculture, Rural Development, Food the CDSOA Special Account for
and Drug Administration, and Related distribution. 66 FR 48546, Sept. 21, countervailing duties, the CDSOA
Agencies Appropriations Act, 2001 (the 2001; see also 19 CFR 159.64(e). Other distribution process will be continued
ES ‘‘Act’’). The provisions of the CDSOA types of interest, including delinquency for an undetermined period.
TIC are contained in title X (sections 1001– interest that accrued pursuant to 19 Consequently, the full impact of the
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Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices 25053
List of Orders or Findings and Affected published. Such domestic producers listed in this document. All
Domestic Producers must allege all other bases for eligibility distributions will be issued by paper
in their certification(s). CBP will check to the address provided by the
It is the responsibility of the U.S.
evaluate the merits of such claims in claimants. Section 159.62(a) of title 19,
International Trade Commission
accordance with the relevant statutes, Code of Federal Regulations (19 CFR
(USITC) to ascertain and timely forward
regulations, and decisions. 159.62(a)) provides that CBP will
to CBP a list of the affected domestic
Certifications that are not timely filed publish such a notice of intention to
producers that are potentially eligible to
within the requisite 60 days and/or that distribute at least 90 calendar days
receive an offset in connection with an
fail to sufficiently establish a basis for before the end of a fiscal year. Failure
order or finding. In this regard, it is
eligibility will be summarily denied. to publish the notice at least 90 calendar
noted that USITC has supplied CBP
Additionally, CBP may not make a final days before the end of the fiscal year
with the list of individual antidumping
decision regarding a claimant’s will not affect an affected domestic
and countervailing duty cases, and the
eligibility to receive funds until certain producer’s obligation to file a timely
affected domestic producers associated
legal issues which may affect that certification within 60 days after the
with each case who are potentially
claimant’s eligibility are resolved. In notice is published. See Dixon
eligible to receive an offset. This list
these instances, CBP may withhold an Ticonderoga v. United States, 468 F.3d
appears at the end of this document.
A significant amount of litigation has amount of funds corresponding to the 1353, 1354 (Fed. Cir. 2006).
claimant’s alleged pro rata share of
challenged various provisions of the Certifications; Submission and Content
funds from distribution pending the
CDSOA, including the definition of the
term ‘‘affected domestic producer.’’ In resolution of those legal issues. To obtain a distribution of the offset
two decisions the U.S. Court of Appeals It should also be noted that the under a given order or finding
for the Federal Circuit (Federal Circuit) Federal Circuit ruled in Canadian (including any distribution under 19
upheld the constitutionality of the Lumber Trade Alliance v. United States, U.S.C. 4401), an affected domestic
support requirement contained in the 517 F.3d 1319 (Fed. Cir. 2008), cert. producer (and anyone alleging
denied sub nom. United States Steel v.
CDSOA. Specifically, in SKF USA Inc. eligibility to receive a distribution) must
Canadian Lumber Trade Alliance, 129
v. United States Customs & Border Prot., submit a certification for each order or
S. Ct. 344 (2008), that CBP was not
556 F.3d 1337 (Fed. Cir. 2009), the finding under which a distribution is
authorized to distribute such
Federal Circuit held that the CDSOA’s sought, to CBP, indicating its desire to
antidumping and countervailing duties
support requirement did not violate receive a distribution. To be eligible to
to the extent they were derived from
either the First or Fifth Amendment. obtain a distribution, certifications must
goods from countries that are parties to
The Supreme Court of the United States be received by CBP no later than 60
the North American Free Trade
denied plaintiff’s petition for certiorari, calendar days after the date of
Agreement (NAFTA). Due to this
SKF USA, Inc. v. United States Customs publication of this notice of intent to
decision, CBP does not list cases related
& Border Prot., 560 U.S. 903 (2010). distribute in the Federal Register. All
to NAFTA on the Preliminary Amounts
Similarly, in PS Chez Sidney, L.L.C. v. certifications not received by the 60th
Available report, and no distributions
United States, 409 Fed. Appx. 327 (Fed. day will not be eligible to receive a
will be issued on these cases.
Cir. 2010), the Federal Circuit distribution.
summarily reversed the U.S. Court of Regulations Implementing the CDSOA As required by 19 CFR 159.62(b), this
International Trade’s judgment that the It is noted that CBP published notice provides the case name and
support requirement was Treasury Decision (T.D.) 01–68 number of the order or finding
unconstitutional, allowing only (Distribution of Continued Dumping concerned, as well as the specific
plaintiff’s non-constitutional claims to and Subsidy Offset to Affected Domestic instructions for filing a certification
go forward. See PS Chez Sidney, L.L.C. Producers) in the Federal Register (66 under section 159.63 to claim a
v. United States, 684 F.3d 1374 (Fed. FR 48546) on September 21, 2001, distribution. Section 159.62(b) also
Cir. 2012). Furthermore, in two cases which was effective as of that date, in provides that the dollar amounts subject
interpreting the CDSOA’s language, the order to implement the CDSOA. The to distribution that are contained in the
Federal Circuit concluded that a final rule added a new subpart F to part Special Account for each listed order or
producer who never indicates support 159 of title 19, Code of Federal finding are to appear in this notice.
for a dumping petition by letter or Regulations (19 CFR part 159, subpart F However, these dollar amounts were not
through questionnaire response, despite (sections 159.61–159.64)). More specific available in time for inclusion in this
the act of otherwise filling out a guidance regarding the filing of publication. The preliminary amounts
questionnaire, cannot be an affected certifications is provided in this notice will be posted on the CBP Web site
domestic producer. Ashley Furniture in order to aid affected domestic (http://www.cbp.gov). However, the
Indus. v. United States; Ethan Allen producers and other domestic producers final amounts available for
Global, Inc. v. United States, 734 F.3d alleging eligibility (‘‘claimants’’ or disbursement may be higher or lower
1306 (Fed. Cir. 2013), cert. denied, 135 ‘‘domestic producers’’). than the preliminary amounts.
S. Ct. 72 (2014); Giorgio Foods, Inc. v. CBP will provide general information
Notice of Intent To Distribute Offset
United States et al., 785 F.3d 595 (Fed. to claimants regarding the preparation
Cir. 2015). This document announces that CBP of certification(s). However, it remains
S Domestic producers who are not on intends to distribute to affected the sole responsibility of the domestic
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25054 Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices
receiving a distribution and/or a Specifically, for a certification under 19 inquiries regarding the status of a
demand for the return of funds. CFR 159.61(b)(1)(ii), the claimant must certification appearing on the list.
Specifically, to obtain a distribution name the association of which it is a While there is no required format for
of the offset under a given order or member, specifically establish that it a certification, CBP has developed a
finding (including any distribution was a member of the association at the standard certification form to aid
under 19 U.S.C. 4401), each potential time the association filed the petition claimants in filing certifications. The
claimant must timely submit a with the USITC, and establish that the certification form is available at https://
certification containing the required claimant is a current member of the www.pay.gov under the Public Form
information detailed below as to the association. Name ‘‘Continued Dumping and
eligibility of the domestic producer (or In order to promote accurate filings Subsidy Offset Act of 2000
anyone alleging eligibility) to receive and more efficiently process the Certification’’ (CBP Form Number 7401)
the requested distribution and the total distributions, we offer the following or by directing a web browser to https://
amount of the distribution that the guidance: www.pay.gov/paygov/forms/
domestic producer is claiming. • If claimants are members of an formInstance.html?agency
Certifications should be submitted to association but the association does not FormId=8776895. The certification form
the U.S. Customs and Border Protection, file on their behalf, the association will can be submitted electronically through
Revenue Division, Attention: CDSOA need to provide its members with a https://www.pay.gov or by mail. All
Team, 6650 Telecom Drive, Suite 100, statement that contains notarized certifications not submitted
Indianapolis, IN 46278. The certification company-specific information including electronically must include original
must enumerate the qualifying dates of membership and an original signatures.
expenditures incurred by the domestic signature from an authorized Regardless of the format for a
producer since the issuance of an order
representative of the association. certification, per 19 CFR 159.63(b), the
or finding and it must demonstrate that • An association filing a certification certification must contain the following
the domestic producer is eligible to
on behalf of a member must also information:
receive a distribution as an affected
provide a power of attorney or other (1) The date of this Federal Register
domestic producer or allege another
evidence of legal authorization from notice;
basis for eligibility. Any false statements
each of the domestic producers it is (2) The Department of Commerce
made in connection with certifications
representing. antidumping or countervailing duty
submitted to CBP may give rise to • Any association filing a certification case number (for example, A–331–802);
liability under the False Claims Act (see
on behalf of a member is responsible for (3) The case name (producer/country);
31 U.S.C. 3729–3733) and/or to criminal
verifying the legal sufficiency and (4) The name of the domestic
prosecution.
accuracy of the member’s financial producer and any name qualifier, if
A successor to a company that was an
records, which support the claim, and is applicable (for example, any other name
affected domestic producer at the time
responsible for that certification. As under which the domestic producer
of acquisition should consult 19 CFR
such, an association filing a certification does business or is also known);
159.61(b)(1)(i). Any company that files a
on behalf of a member is jointly and (5) The mailing address of the
certification claiming to be the
severally liable with the member for domestic producer (if a post office box,
successor company to an affected
repayment of any claim found to have the physical street address must also
domestic producer will be deemed to
been paid or overpaid in error. appear) including, if applicable, a
have consented to joint and several
The association may file a specific room number or department;
liability for the return of any
certification in its own right to claim an (6) The Internal Revenue Service (IRS)
overpayments arising under section
159.64(b)(3) that were previously paid offset for that order or finding, but its number (with suffix) of the domestic
to the predecessor. CBP may require the qualifying expenditures would be producer, employer identification
successor company to provide limited to those expenditures that the number, or social security number, as
documents to support its eligibility to association itself has incurred after the applicable;
receive a distribution as set out in date of the order or finding in (7) The specific business organization
section 159.63(d). Additionally, any connection with the particular case. of the domestic producer (corporation,
individual or company who purchases As provided in 19 CFR 159.63(a), partnership, sole proprietorship);
any portion of the operating assets of an certifications to obtain a distribution of (8) The name(s) of any individual(s)
affected domestic producer, a successor an offset (including any distribution designated by the domestic producer as
to an affected domestic producer, or an under 19 U.S.C. 4401) must be received the contact person(s) concerning the
entity that otherwise previously by CBP no later than 60 calendar days certification, together with the phone
received distributions may be jointly after the date of publication of the number(s), mailing address, and, if
and severally liable for the return of any notice of intent in the Federal Register. available, facsimile transmission
overpayments arising under section All certifications received after the 60- number(s) and electronic mail (email)
159.64(b)(3) that were previously paid day deadline will be summarily denied, address(es) for the person(s).
to the entity from which the operating making claimants ineligible for the Correspondence from CBP may be
assets were purchased or its distribution regardless of whether or not directed to the designated contact(s) by
predecessor, regardless of whether the they appeared on the USITC list. either mail or phone or both;
ES purchasing individual or company is A list of all certifications received will (9) The total dollar amount claimed;
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Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices 25055
(12) For certifications not submitted knowledge and materials to achieve an expenses incurred by associations
electronically through https:// objective in the production process of which must be related to a specific case.
www.pay.gov, an original signature by the product that is the subject of the Any false statements made to CBP
an individual legally authorized to bind related order or finding); concerning the amount of distribution
the producer. (6) Health care benefits for employees being claimed as an offset may give rise
paid for by the employer (Health care to liability under the False Claims Act
Qualifying Expenditures That May Be
benefits paid to employees who are (see 31 U.S.C. 3729–3733) and/or to
Claimed for Distribution
producing the specific product that is criminal prosecution.
Qualifying expenditures that may be the subject of the related order or
Eligibility To Receive Distribution
offset under the CDSOA encompass finding);
those expenditures incurred by the (7) Pension benefits for employees As noted, the certification must
domestic producer after issuance of an paid for by the employer (Pension contain a statement that the domestic
antidumping duty order or finding or a benefits paid to employees who are producer desires to receive a
countervailing duty order (including producing the specific product that is distribution and is eligible to receive the
expenditures incurred on the date of the the subject of the related order or distribution as an affected domestic
order’s issuance), and prior to its finding); producer or on another legal basis. Also,
termination, provided that such (8) Environmental equipment, the domestic producer must affirm that
expenditures fall within certain training, or technology (Equipment, the net amount certified for distribution
categories. See 19 CFR 159.61(c). The training, or technology used in the does not encompass any qualifying
CDSOA repeal language parallels the production of the product that is the expenditures for which distribution has
termination of an order or finding. subject of the related order or finding, previously been made (19 CFR
Therefore, for duty orders or findings that will assist in preventing potentially 159.63(b)(3)(i)). Any false statements
that have not been previously revoked, harmful factors from affecting the made in connection with certifications
expenses must be incurred before environment); submitted to CBP may give rise to
October 1, 2007, to be eligible for offset. (9) Acquisition of raw materials and liability under the False Claims Act (see
For duty orders or findings that have other inputs (Purchase of unprocessed 31 U.S.C. 3729–3733) and/or to criminal
been revoked, expenses must be materials or other inputs needed for the prosecution.
incurred before the effective date of the production of the product that is the Furthermore, under 19 CFR
revocation to be eligible for offset. For subject of the related order or finding); 159.63(b)(3)(ii), where a domestic
example, assume for case A–331–802 and producer files a separate certification for
Certain Frozen Warm-Water Shrimp and (10) Working capital or other funds more than one order or finding using the
Prawns from Ecuador, that the order needed to maintain production (Assets same qualifying expenditures as the
date is February 1, 2005, and that the of a business that can be applied to its basis for distribution in each case, each
revocation effective date is August 15, production of the product that is the certification must list all the other
2007. In this case, eligible expenditures subject of the related order or finding). orders or findings where the producer is
would have to be incurred on or after claiming the same qualifying
February 1, 2005, up to and including Amount Claimed for Distribution expenditures.
August 14, 2007; expenditures incurred In calculating the amount of the Moreover, as required by 19 U.S.C.
on or after August 15, 2007 cannot be distribution being claimed as an offset, 1675c(b)(1) and 19 CFR 159.63(b)(3)(iii),
included as eligible qualifying the certification must indicate: the certification must include
expenditures for A–331–802. (1) The total amount of any qualifying information as to whether the domestic
For the convenience and ease of the expenditures previously certified by the producer remains in operation at the
domestic producers, CBP is providing domestic producer, and the amount time the certifications are filed and
guidance on what the agency takes into certified by category; continues to produce the product
consideration when making a (2) The total amount of those covered by the particular order or
calculation for each of the following expenditures which have been the finding under which the distribution is
categories: subject of any sought. If a domestic producer is no
(1) Manufacturing facilities (Any prior distribution for the order or longer in operation, or no longer
facility used for the transformation of finding being certified under 19 U.S.C. produces the product covered by the
raw material into a finished product that 1675c; and order or finding, the producer will not
is the subject of the related order or (3) The net amount for new and be considered an affected domestic
finding); remaining qualifying expenditures being producer entitled to receive a
(2) Equipment (Goods that are used in claimed in the current certification (the distribution.
a business environment to aid in the total amount previously certified as In addition, as required by 19 U.S.C.
manufacturing of a product that is the noted in item ‘‘(1)’’ above minus the 1675c(b)(5) and 19 CFR 159.63(b)(3)(iii),
subject of the related order or finding); total amount that was the subject of any the domestic producer must state
(3) Research and development prior distribution as noted in item ‘‘(2)’’ whether it has been acquired by a
(Seeking knowledge and determining above). In accordance with 19 CFR company that opposed the investigation
the best techniques for production of the 159.63(b)(2)(i)–(iii), CBP will deduct the or was acquired by a business related to
product that is the subject of the related amount of any prior distribution from a company that opposed the
ES order or finding); the producer’s claimed amount for that investigation. If a domestic producer has
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25056 Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices
resolved. In these instances, CBP may certification that is found to be overpayment. CBP reserves the right to
withhold an amount of funds materially incorrect or incomplete will use all available collection tools to
corresponding to the claimant’s alleged be returned to the domestic producer recover overpayments, including but not
pro rata share of funds from distribution within 15 business days after the close limited to garnishments, court orders,
pending the resolution of those legal of the 60 calendar-day filing period, as administrative offset, enrollment in the
issues. provided in 19 CFR 159.63(c). In making Treasury Offset Program, and/or offset
The certification must be executed this determination, CBP will not of tax refund payments. CBP considers
and dated by a party legally authorized speculate as to the reason for the error the submission of a certification and the
to bind the domestic producer and it (e.g., intentional, typographical, etc.). negotiation of any distribution checks
must state that the information CBP must receive a corrected received as acknowledgements and
contained in the certification is true and certification from the domestic producer acceptance of the claimant’s obligation
accurate to the best of the certifier’s and/or an association filing on behalf of to return those funds upon demand.
knowledge and belief under penalty of an association member within 10 Additionally, the submission of false
law, and that the domestic producer has business days from the date of the statements, documents, or records in
records to support the qualifying original denial letter. Failure to receive connection with a certification or
expenditures being claimed (see section a corrected certification within 10 verification of a certification may give
below entitled ‘‘Verification of business days will result in denial of the rise to liability under the False Claims
Certification’’). Moreover as provided in certification at issue. It is the sole Act (see 31 U.S.C. 3729–3733) and/or to
19 CFR 159.64(b)(3), overpayments to responsibility of the domestic producer criminal prosecution.
affected domestic producers are to ensure that the certification is correct,
recoverable by CBP and CBP reserves complete, and accurate so as to Disclosure of Information in
the right to use all available collection demonstrate the eligibility of the Certifications; Acceptance by Producer
tools to recover overpayments, domestic producer to the distribution
The name of the claimant, the total
including but not limited to requested. Failure to ensure that the
dollar amount claimed by the party on
garnishments, court orders, certification is correct, complete, and
the certification, as well as the total
administrative offset, enrollment in the accurate will result in the domestic
dollar amount that CBP actually
Treasury Offset Program, and/or offset producer not receiving a distribution
disburses to that affected domestic
of tax refund payments. Overpayments and/or a demand for the return of funds.
producer as an offset, will be available
may occur for a variety of reasons such
Verification of Certification for disclosure to the public, as specified
as reliquidations, court actions,
settlements, insufficient verification of a Certifications are subject to CBP’s in 19 CFR 159.63(e). To this extent, the
certification in response to an inquiry verification. The burden remains on submission of the certification is
from CBP, and administrative errors. each claimant to fully substantiate all construed as an understanding and
With diminished amounts available elements of its certification. As such, acceptance on the part of the domestic
over time, the likelihood that these claimants may be required to provide producer that this information will be
events will require the recovery of funds copies of additional records for further disclosed to the public and a waiver of
previously distributed will increase. As review by CBP. Therefore, parties are any right to privacy or non-disclosure.
a result, domestic producers who required to maintain, and be prepared to Additionally, a statement in a
receive distributions under the CDSOA produce, records adequately supporting certification that this information is
may wish to set aside any funds their claims for a period of five years proprietary and exempt from disclosure
received in case it is subsequently after the filing of the certification (19 may result in CBP’s rejection of the
determined that an overpayment has CFR 159.63(d)). The records must certification.
occurred. CBP considers the submission demonstrate that each qualifying List of Orders or Findings and Related
of a certification and the negotiation of expenditure enumerated in the Domestic Producers
any distribution checks received as certification was actually incurred, and
acknowledgements and acceptance of they must support how the qualifying The list of individual antidumping
the claimant’s obligation to return those expenditures are determined to be duty orders or findings and
funds upon demand. related to the production of the product countervailing duty orders is set forth
covered by the order or finding. below together with the affected
Review and Correction of Certification
Although CBP will accept comments domestic producers associated with
A certification that is submitted in and information from the public and each order or finding who are
response to this notice of intent to other domestic producers, CBP retains potentially eligible to receive an offset.
distribute and received within 60 complete discretion regarding the Those domestic producers not on the
calendar days after the date of initiation and conduct of investigations list must allege another basis for
publication of the notice in the Federal stemming from such information. In the eligibility in their certification.
Register may, at CBP’s sole discretion, event that a distribution is made to a Appearance of a domestic producer on
be subject to review before acceptance domestic producer from whom CBP the list is not a guarantee of distribution.
to ensure that all informational later seeks verification of the
Dated: May 17, 2017.
requirements are complied with and certification and sufficient supporting
Kathryn L Kolbe,
that any amounts set forth in the documentation is not provided as
S Executive Assistant Commissioner, Enterprise
E certification for qualifying expenditures, determined by CBP, then the amounts
OTIC including the amount claimed for paid to the affected domestic producer Services.
N
with distribution, appear to be correct. A are recoverable by CBP as an Attachment
D
O
B2PR CommNeroc.e case CommisNsoio. n case Product/country Petitioners/supporters
H
C
X
B
B A–122–006 ........... AA1921–49 ......... Steel Jacks/Canada .................... Bloomfield Manufacturing (formerly Harrah Manufacturing).
K
S
D Seaburn Metal Products.
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Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices 25057
Commerce case Commission case
Product/country Petitioners/supporters
No. No.
A–122–047 ........... AA1921–127 ....... Elemental Sulphur/Canada ......... Duval.
A–122–085 ........... 731–TA–3............ Sugar and Syrups/Canada .......... Amstar Sugar.
A–122–401 ........... 731–TA–196........ Red Raspberries/Canada ............ Northwest Food Producers’ Association.
Oregon Caneberry Commission.
Rader Farms.
Ron Roberts.
Shuksan Frozen Food.
Washington Red Raspberry Commission.
A–122–503 ........... 731–TA–263........ Iron Construction Castings/Can- Alhambra Foundry.
ada. Allegheny Foundry.
Bingham & Taylor
Campbell Foundry.
Charlotte Pipe & Foundry.
Deeter Foundry.
East Jordan Foundry.
Le Baron Foundry.
Municipal Castings.
Neenah Foundry.
Opelika Foundry.
Pinkerton Foundry.
Tyler Pipe.
US Foundry & Manufacturing.
Vulcan Foundry.
A–122–506 ........... 731–TA–276........ Oil Country Tubular Goods/Can- CF&I Steel.
ada. Copperweld Tubing.
Cyclops.
KPC.
Lone Star Steel.
LTV Steel.
Maverick Tube.
Quanex.
US Steel.
A–122–601 ........... 731–TA–312........ Brass Sheet and Strip/Canada ... Allied Industrial Workers of America.
American Brass.
Bridgeport Brass.
Chase Brass & Copper.
Hussey Copper.
International Association of Machinists & Aerospace Workers.
Mechanics Educational Society of America (Local 56).
The Miller Company.
Olin.
Revere Copper Products.
United Steelworkers of America.
A–122–605 ........... 731–TA–367........ Color Picture Tubes/Canada ....... Industrial Union Department, AFL–CIO.
International Association of Machinists & Aerospace Workers.
International Brotherhood of Electrical Workers.
International Union of Electronic, Electrical, Technical, Salaried
and Machine Workers.
Philips Electronic Components Group.
United Steelworkers of America.
Zenith Electronics.
A–122–804 ........... 731–TA–422........ Steel Rails/Canada ..................... Bethlehem Steel.
CF&I Steel.
A–122–814 ........... 731–TA–528........ Pure Magnesium/Canada ........... Magnesium Corporation of America.
A–122–822 ........... 731–TA–614........ Corrosion-Resistant Carbon Steel Armco Steel.
Flat Products/Canada. Bethlehem Steel.
California Steel Industries.
Geneva Steel.
Gulf States Steel.
Inland Steel Industries.
LTV Steel.
Lukens Steel.
National Steel.
Nextech.
S Rouge Steel Co.
E
TIC Sharon Steel.
O
N Theis Precision Steel.
with Thompson Steel.
OD US Steel.
R
P United Steelworkers of America.
HB2 WCI Steel.
C
BX Weirton Steel.
KB A–122–823 ........... 731–TA–575........ Cut-to-Length Carbon Steel Bethlehem Steel.
S
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25058 Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices
Commerce case Commission case
Product/country Petitioners/supporters
No. No.
Geneva Steel.
Gulf States Steel.
Inland Steel Industries.
Lukens Steel.
National Steel.
Nextech.
Sharon Steel.
Theis Precision Steel.
Thompson Steel.
US Steel.
United Steelworkers of America.
A–122–830 ........... 731–TA–789........ Stainless Steel Plate in Coils/ Allegheny Ludlum.
Canada. Armco Steel.
J&L Specialty Steel.
Lukens Steel.
North American Stainless
A–122–838 ........... 731–TA–928........ Softwood Lumber/Canada .......... 71 Lumber Co.
Almond Bros Lbr Co.
Anthony Timberlands.
Balfour Lbr Co.
Ball Lumber.
Banks Lumber Company.
Barge Forest Products Co.
Beadles Lumber Co.
Bearden Lumber.
Bennett Lumber.
Big Valley Band Mill.
Bighorn Lumber Co Inc.
Blue Mountain Lumber.
Buddy Bean Lumber.
Burgin Lumber Co Ltd.
Burt Lumber Company.
C&D Lumber Co.
Ceda-Pine Veneer.
Cersosimo Lumber Co Inc.
Charles Ingram Lumber Co Inc.
Charleston Heart Pine.
Chesterfield Lumber.
Chips.
Chocorua Valley Lumber Co.
Claude Howard Lumber.
Clearwater Forest Industries.
CLW Inc.
CM Tucker Lumber Corp.
Coalition for Fair Lumber Imports Executive Committee.
Cody Lumber Co.
Collins Pine Co.
Collums Lumber.
Columbus Lumber Co.
Contoocook River Lumber.
Conway Guiteau Lumber.
Cornwright Lumber Co.
Crown Pacific.
Daniels Lumber Inc.
Dean Lumber Co Inc.
Deltic Timber Corporation.
Devils Tower Forest Products.
DiPrizio Pine Sales.
Dorchester Lumber Co.
DR Johnson Lumber.
East Brainerd Lumber Co.
East Coast Lumber Company.
Eas-Tex Lumber.
S ECK Wood Products.
E
TIC Ellingson Lumber Co.
NO Elliott Sawmilling.
with Empire Lumber Co.
OD Evergreen Forest Products.
PR Excalibur Shelving Systems Inc.
HB2 Exley Lumber Co.
C
BX FH Stoltze Land & Lumber Co.
KB FL Turlington Lbr Co Inc.
S
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Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices 25059
Commerce case Commission case
Product/country Petitioners/supporters
No. No.
Flippo Lumber.
Floragen Forest Products.
Frank Lumber Co.
Franklin Timber Co.
Fred Tebb & Sons.
Fremont Sawmill.
Frontier Resources.
Garrison Brothers Lumber Co and Subsidiaries.
Georgia Lumber.
Gilman Building Products.
Godfrey Lumber.
Granite State Forest Prod Inc.
Great Western Lumber Co.
Greenville Molding Inc.
Griffin Lumber Company.
Guess Brothers Lumber.
Gulf Lumber.
Gulf States Paper.
Guy Bennett Lumber.
Hampton Resources.
Hancock Lumber.
Hankins Inc.
Hankins Lumber Co.
Harrigan Lumber.
Harwood Products.
Haskell Lumber Inc.
Hatfield Lumber.
Hedstrom Lumber.
Herrick Millwork Inc.
HG Toler & Son Lumber Co Inc.
HG Wood Industries LLC.
Hogan & Storey Wood Prod.
Hogan Lumber Co.
Hood Industries.
HS Hofler & Sons Lumber Co Inc.
Hubbard Forest Ind Inc.
HW Culp Lumber Co.
Idaho Veneer Co.
Industrial Wood Products.
Intermountain Res LLC.
International Paper.
J Franklin Jones Lumber Co Inc.
Jack Batte & Sons Inc.
Jasper Lumber Company.
JD Martin Lumber Co.
JE Jones Lumber Co.
Jerry G Williams & Sons.
JH Knighton Lumber Co.
Johnson Lumber Company.
Jordan Lumber & Supply.
Joseph Timber Co.
JP Haynes Lbr Co Inc.
JV Wells Inc.
JW Jones Lumber.
Keadle Lumber Enterprises.
Keller Lumber.
King Lumber Co.
Konkolville Lumber.
Langdale Forest Products.
Laurel Lumber Company.
Leavitt Lumber Co.
Leesville Lumber Co.
Limington Lumber Co.
S Longview Fibre Co.
E
TIC Lovell Lumber Co Inc.
NO M Kendall Lumber Co.
with Manke Lumber Co.
OD Marriner Lumber Co.
PR Mason Lumber.
HB2 MB Heath & Sons Lumber Co.
C
BX MC Dixon Lumber Co Inc.
KB Mebane Lumber Co Inc.
S
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25060 Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices
Commerce case Commission case
Product/country Petitioners/supporters
No. No.
Millry Mill Co Inc.
Moose Creek Lumber Co.
Moose River Lumber.
Morgan Lumber Co Inc.
Mount Yonah Lumber Co.
Nagel Lumber.
New Kearsarge Corp.
New South.
Nicolet Hardwoods.
Nieman Sawmills SD.
Nieman Sawmills WY.
North Florida.
Northern Lights Timber & Lumber.
Northern Neck Lumber Co.
Ochoco Lumber Co.
Olon Belcher Lumber Co.
Owens and Hurst Lumber.
Packaging Corp of America.
Page & Hill Forest Products.
Paper, Allied-Industrial, Chemical and Energy Workers.
International Union.
Parker Lumber.
Pate Lumber Co Inc.
PBS Lumber.
Pedigo Lumber Co.
Piedmont Hardwood Lumber Co.
Pine River Lumber Co.
Pinecrest Lumber Co.
Pleasant River Lumber Co.
Pleasant Western Lumber Inc.
Plum Creek Timber.
Pollard Lumber.
Portac.
Potlatch.
Potomac Supply.
Precision Lumber Inc.
Pruitt Lumber Inc.
R Leon Williams Lumber Co.
RA Yancey Lumber.
Rajala Timber Co.
Ralph Hamel Forest Products.
Randy D Miller Lumber.
Rappahannock Lumber Co.
Regulus Stud Mills Inc.
Riley Creek Lumber.
Roanoke Lumber Co.
Robbins Lumber.
Robertson Lumber.
Roseburg Forest Products Co.
Rough & Ready.
RSG Forest Products.
Rushmore Forest Products.
RY Timber Inc.
Sam Mabry Lumber Co.
Scotch Lumber.
SDS Lumber Co.
Seacoast Mills Inc.
Seago Lumber.
Seattle-Snohomish.
Seneca Sawmill.
Shaver Wood Products.
Shearer Lumber Products.
Shuqualak Lumber.
S SI Storey Lumber.
E
TIC Sierra Forest Products.
NO Sierra Pacific Industries.
with Sigfridson Wood Products.
OD Silver City Lumber Inc.
PR Somers Lbr & Mfg Inc.
HB2 South & Jones.
C
BX South Coast.
KB Southern Forest Industries Inc.
S
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Federal Register/Vol. 82, No. 103/Wednesday, May 31, 2017/Notices 25061
Commerce case Commission case
Product/country Petitioners/supporters
No. No.
St Laurent Forest Products.
Starfire Lumber Co.
Steely Lumber Co Inc.
Stimson Lumber.
Summit Timber Co.
Sundance Lumber.
Superior Lumber.
Swanson Superior Forest Products Inc.
Swift Lumber.
Tamarack Mill.
Taylor Lumber & Treating Inc.
Temple-Inland Forest Products.
Thompson River Lumber.
Three Rivers Timber.
Thrift Brothers Lumber Co Inc.
Timco Inc.
Tolleson Lumber.
Toney Lumber.
TR Miller Mill Co.
Tradewinds of Virginia Ltd.
Travis Lumber Co.
Tree Source Industries Inc.
Tri-State Lumber.
TTT Studs.
United Brotherhood of Carpenters and Joiners.
Viking Lumber Co.
VP Kiser Lumber Co.
Walton Lumber Co Inc.
Warm Springs Forest Products.
Westvaco Corp.
Wilkins, Kaiser & Olsen Inc.
WM Shepherd Lumber Co.
WR Robinson Lumber Co Inc.
Wrenn Brothers Inc.
Wyoming Sawmills.
Yakama Forest Products.
Younce & Ralph Lumber Co Inc.
Zip-O-Log Mills Inc
A–122–840 ........... 731–TA–954........ Carbon and Certain Alloy Steel AmeriSteel.
Wire Rod/Canada. Birmingham Steel.
Cascade Steel Rolling Mills.
Connecticut Steel Corp.
Co-Steel Raritan.
GS Industries.
Keystone Consolidated Industries.
North Star Steel Texas.
Nucor Steel-Nebraska (a division of Nucor Corp).
Republic Technologies International.
Rocky Mountain Steel Mills.
A–122–847 ........... 731–TA–1019B ... Hard Red Spring Wheat/Canada North Dakota Wheat Commission.
A–201–504 ........... 731–TA–297........ Porcelain-on-Steel Cooking General Housewares.
Ware/Mexico.
A–201–601 ........... 731–TA–333........ Fresh Cut Flowers/Mexico .......... Burdette Coward.
California Floral Council.
Floral Trade Council.
Florida Flower Association.
Gold Coast Uanko Nursery.
Hollandia Wholesale Florist.
Manatee Fruit.
Monterey Flower Farms.
Topstar Nursery.
A–201–802 ........... 731–TA–451........ Gray Portland Cement and Clink- Alamo Cement.
er/Mexico. Blue Circle.
S BoxCrow Cement.
E
TIC Calaveras Cement.
NO Capitol Aggregates.
with Centex Cement.
OD Florida Crushed Stone.
PR Gifford-Hill.
HB2 Hanson Permanente Cement.
C
BX Ideal Basic Industries.
KB Independent Workers of North America (Locals 49, 52, 89, 192
S
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