80 FR 11161 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11161-11163 | |
| FR Document | 2015-04275 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Notices] [Pages 11161-11163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04275] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (``the Act''), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (``the Department'') conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (``APO'') to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department finds that determinations concerning whether particular companies should be ``collapsed'' (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department [[Page 11162]] will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90- day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after March 2015, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. The Department is providing this notice on its Web site, as well as in its ``Opportunity to Request Administrative Review'' notices, so that interested parties will be aware of the manner in which the Department intends to exercise its discretion in the future. Opportunity to Request a Review: Not later than the last day of March 2015,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March for the following periods: --------------------------------------------------------------------------- \1\ Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. ------------------------------------------------------------------------ Period of review ------------------------------------------------------------------------ Antidumping Duty Proceedings Canada: Iron Construction Castings, A-122-503........ 3/1/14-2/28/15 France: Brass Sheet & Strip, A-427-602............... 3/1/14-2/28/15 Germany: Brass Sheet & Strip, A-428-602.............. 3/1/14-2/28/15 India: Sulfanilic Acid, A-533-806.................... 3/1/14-2/28/15 Italy: Brass Sheet & Strip, A-475-601................ 3/1/14-2/28/15 Russia: Silicon Metal, A-821-817..................... 3/1/14-2/28/15 Spain: Stainless Steel Bar, A-469-805................ 3/1/14-2/28/15 Taiwan: Light-Walled Rectangular Welded Carbon Steel 3/1/14-2/28/15 Pipe and Tube, A-583-803............................ Thailand: Circular Welded Carbon Steel Pipes and 3/1/14-2/28/15 Tubes, A-549-502.................................... The People's Republic of China: Chloropicrin, A-570-002.......................... 3/1/14-2/28/15 Circular Welded Austenitic Stainless Pressure 3/1/14-2/28/15 Pipe, A-570-930................................. Glycine, A-570-836............................... 3/1/14-2/28/15 Sodium Hexametaphosphate, A-570-908.............. 3/1/14-2/28/15 Tissue Paper Products, A-570-894................. 3/1/14-2/28/15 Countervailing Duty Proceedings India: Sulfanilic Acid, C-533-807.................... 1/1/14-12/31/14 Iran: In-Shell Pistachio Nuts, C-507-501............. 1/1/14-12/31/14 The People's Republic of China: Circular Welded 1/1/14-12/31/14 Austenitic Stainless Pressure Pipe, C-570-931....... Turkey: Circular Welded Carbon Steel Pipes and Tubes, 1/1/14-12/31/14 C-489-502........................................... Suspension Agreements Mexico: Fresh Tomatoes, A-201-820.................... 3/1/14-2/28/15 ------------------------------------------------------------------------ In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine [[Page 11163]] if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non- Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.\2\ --------------------------------------------------------------------------- \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. --------------------------------------------------------------------------- Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.\3\ In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). --------------------------------------------------------------------------- \3\ In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. --------------------------------------------------------------------------- Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov.\4\ Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. --------------------------------------------------------------------------- \4\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- The Department will publish in the Federal Register a notice of ``Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation'' for requests received by the last day of March 2015. If the Department does not receive, by the last day of March 2015, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ``gap'' period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: February 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-04275 Filed 2-27-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11161
will calculate importer-specific per-unit Notifications to Interested Parties 351.213, that the Department of
duty assessment rates. We will instruct This notice also serves as a reminder Commerce (‘‘the Department’’) conduct
CBP to assess antidumping duties on all to parties subject to administrative an administrative review of that
appropriate entries covered by this protective order (APO) of their antidumping or countervailing duty
review where the actual or estimated ad responsibility concerning the order, finding, or suspended
valorem assessment rate calculated in destruction of proprietary information investigation.
the final results of this review is not All deadlines for the submission of
disclosed under APO in accordance
zero or de minimis. Pursuant to 19 CFR comments or actions by the Department
with 19 CFR 351.305(a)(3). Timely
351.106(c)(2), we will instruct CBP to discussed below refer to the number of
written notification of the return or
liquidate without regard to antidumping calendar days from the applicable
destruction of APO materials or
duties any entries for which the starting date.
conversion to judicial protective order is
assessment rate is zero or de minimis.9 hereby requested. Failure to comply Respondent Selection
Cash Deposit Requirements with the regulations and terms of an In the event the Department limits the
APO is a sanctionable violation. number of respondents for individual
The following deposit requirements The Department is issuing and
will be effective for all shipments of examination for administrative reviews
publishing these final results of initiated pursuant to requests made for
PET Film from India entered, or administrative review in accordance the orders identified below, the
withdrawn from warehouse, for with sections 751(a)(1) and 777(i)(1) of Department intends to select
consumption on or after the date of the Act. respondents based on U.S. Customs and
publication of the final results of this
Dated: February 22, 2015. Border Protection (‘‘CBP’’) data for U.S.
administrative review, as provided for
Paul Piquado, imports during the period of review. We
by section 751(a)(2)(C) of the Act: (1)
Assistant Secretary for Enforcement and intend to release the CBP data under
The cash deposit rate for the company
Compliance. Administrative Protective Order
under review will be equal to the
(‘‘APO’’) to all parties having an APO
weighted-average dumping margin Appendix within five days of publication of the
established in the final results of this initiation notice and to make our
I. Summary
review (except, if the rate is de minimis, decision regarding respondent selection
II. Background
i.e., less than 0.5 percent, then the cash Scope of the Order within 21 days of publication of the
deposit rate will be zero); (2) for III. Discussion of the Issues initiation Federal Register notice.
previously reviewed or investigated Comment 1: Quantity Discount Adjustment Therefore, we encourage all parties
companies not listed above, the cash Comment 2: Consideration of an interested in commenting on respondent
deposit rate will continue to be the Alternative Comparison Method in selection to submit their APO
company-specific rate published in the Administrative Reviews
Comment 3: Differential Pricing Analysis
applications on the date of publication
completed segment for the most recent of the initiation notice, or as soon
period for that company; (3) if the [FR Doc. 2015–04273 Filed 2–27–15; 8:45 am]
thereafter as possible. The Department
exporter is not a firm covered in this BILLING CODE 3510–DS–P invites comments regarding the CBP
review, a prior review, or the less-than- data and respondent selection within
fair-value investigation, but the five days of placement of the CBP data
manufacturer is, the cash deposit rate DEPARTMENT OF COMMERCE on the record of the review.
will be the rate established in the In the event the Department decides
completed segment for the most recent International Trade Administration
it is necessary to limit individual
period for the manufacturer of the examination of respondents and
Antidumping or Countervailing Duty
merchandise; and (4) if neither the conduct respondent selection under
Order, Finding, or Suspended
exporter nor the manufacturer is a firm section 777A(c)(2) of the Act:
Investigation; Opportunity To Request
covered in this or any other completed In general, the Department finds that
Administrative Review
segment of this proceeding, then the determinations concerning whether
cash deposit rate will be the all others AGENCY: Enforcement and Compliance, particular companies should be
rate for this proceeding, 5.71 percent. International Trade Administration, ‘‘collapsed’’ (i.e., treated as a single
These deposit requirements, when Department of Commerce. entity for purposes of calculating
imposed, shall remain in effect until FOR FURTHER INFORMATION CONTACT: antidumping duty rates) require a
further notice. Brenda E. Waters, Office of AD/CVD substantial amount of detailed
Notification to Importers Operations, Customs Liaison Unit, information and analysis, which often
Enforcement and Compliance, require follow-up questions and
This notice serves as a final reminder International Trade Administration, analysis. Accordingly, the Department
to importers of their responsibility U.S. Department of Commerce, 14th will not conduct collapsing analyses at
under 19 CFR 351.402(f)(2) to file a Street and Constitution Avenue NW., the respondent selection phase of this
certificate regarding the reimbursement Washington, DC 20230, telephone: (202) review and will not collapse companies
of antidumping duties prior to 482–4735. at the respondent selection phase unless
liquidation of the relevant entries there has been a determination to
during this review period. Failure to Background collapse certain companies in a
asabaliauskas on DSK5VPTVN1PROD with NOTICES
comply with this requirement could Each year during the anniversary previous segment of this antidumping
result in the Secretary’s presumption month of the publication of an proceeding (i.e., investigation,
that reimbursement of antidumping antidumping or countervailing duty administrative review, new shipper
duties occurred and the subsequent order, finding, or suspended review or changed circumstances
assessment of double antidumping investigation, an interested party, as review). For any company subject to this
duties. defined in section 771(9) of the Tariff review, if the Department determined,
Act of 1930, as amended (‘‘the Act’’), or continued to treat, that company as
9 See 19 CFR 351.106(c)(1). may request, in accordance with 19 CFR collapsed with others, the Department
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![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11163
if the interested party’s attempts were NME entity, the Department will DEPARTMENT OF COMMERCE
reasonable, pursuant to 19 CFR instruct CBP to liquidate entries for all
351.303(f)(3)(ii). exporters not named in the initiation International Trade Administration
As explained in Antidumping and notice, including those that were [C–533–825]
Countervailing Duty Proceedings: suspended at the NME entity rate.
Assessment of Antidumping Duties, 68 Polyethylene Terephthalate Film,
FR 23954 (May 6, 2003), and Non- All requests must be filed
electronically in Enforcement and Sheet, and Strip from India: Final
Market Economy Antidumping Results of Countervailing Duty
Proceedings: Assessment of Compliance’s Antidumping and
Administrative Review; 2012
Antidumping Duties, 76 FR 65694 Countervailing Duty Centralized
(October 24, 2011) the Department Electronic Service System (‘‘ACCESS’’) AGENCY: Enforcement and Compliance,
clarified its practice with respect to the on Enforcement and Compliance’s International Trade Administration,
collection of final antidumping duties ACCESS Web site at http:// Department of Commerce.
on imports of merchandise where access.trade.gov.4 Further, in SUMMARY: On August 25, 2014, the
intermediate firms are involved. The accordance with 19 CFR 351.303(f)(l)(i), Department published the preliminary
public should be aware of this a copy of each request must be served results of the administrative review of
clarification in determining whether to on the petitioner and each exporter or the countervailing duty order on
request an administrative review of producer specified in the request. polyethylene terephthalate film, sheet,
merchandise subject to antidumping and strip (PET film) from India.1 The
The Department will publish in the
findings and orders.2 period of review (POR) is January 1,
Further, as explained in Antidumping Federal Register a notice of ‘‘Initiation
2012, through December 31, 2012. Based
Proceedings: Announcement of Change of Administrative Review of on an analysis of the comments
in Department Practice for Respondent Antidumping or Countervailing Duty received, the Department has made
Selection in Antidumping Duty Order, Finding, or Suspended changes to the subsidy rate determined
Proceedings and Conditional Review of Investigation’’ for requests received by for Jindal Poly Films Limited (Jindal)
the Nonmarket Economy Entity in NME the last day of March 2015. If the and SRF Limited (SRF). The final
Antidumping Duty Proceedings, 78 FR Department does not receive, by the last subsidy rates are listed in the ‘‘Final
65963 (November 4, 2013), the day of March 2015, a request for review Results of Administrative Review’’
Department clarified its practice with of entries covered by an order, finding, section below.
regard to the conditional review of the or suspended investigation listed in this DATES: Effective Date: March 2, 2015.
non-market economy (NME) entity in notice and for the period identified FOR FURTHER INFORMATION CONTACT: Elfi
administrative reviews of antidumping above, the Department will instruct CBP Blum, AD/CVD Operations, Office VII,
duty orders. The Department will no to assess antidumping or countervailing Enforcement and Compliance, U.S.
longer consider the NME entity as an duties on those entries at a rate equal to Department of Commerce, 14th Street
exporter conditionally subject to the cash deposit of (or bond for) and Constitution Avenue NW.,
administrative reviews. Accordingly, estimated antidumping or Washington, DC 20230; telephone: (202)
the NME entity will not be under review countervailing duties required on those 482–0197.
unless the Department specifically
entries at the time of entry, or
receives a request for, or self-initiates, a Scope of the Order
withdrawal from warehouse, for
review of the NME entity.3 In The products covered are all gauges of
administrative reviews of antidumping consumption and to continue to collect
the cash deposit previously ordered. raw, pretreated, or primed polyethylene
duty orders on merchandise from NME terephthalate film, sheet and strip,
countries where a review of the NME For the first administrative review of whether extruded or coextruded.
entity has not been initiated, but where any order, there will be no assessment Excluded are metallized films and other
an individual exporter for which a of antidumping or countervailing duties finished films that have had at least one
review was initiated does not qualify for on entries of subject merchandise of their surfaces modified by the
a separate rate, the Department will entered, or withdrawn from warehouse, application of a performance-enhancing
issue a final decision indicating that the for consumption during the relevant resinous or inorganic layer of more than
company in question is part of the NME provisional-measures ‘‘gap’’ period of 0.00001 inches thick. Imports of PET
entity. However, in that situation, the order, if such a gap period is film are classifiable in the Harmonized
because no review of the NME entity applicable to the period of review. Tariff Schedule of the United States
was conducted, the NME entity’s entries (HTSUS) under item number
were not subject to the review and the This notice is not required by statute
but is published as a service to the 3920.62.00.90. HTSUS subheadings are
rate for the NME entity is not subject to provided for convenience and customs
change as a result of that review international trading community.
purposes. The written description of the
(although the rate for the individual Dated: February 23, 2015. scope of the order is dispositive.
exporter may change as a function of the Christian Marsh,
finding that the exporter is part of the Analysis of Comments Received
Deputy Assistant Secretary for Antidumping
NME entity). and Countervailing Duty Operations. The issues raised by Jindal and SRF
Following initiation of an in their case briefs are addressed in the
[FR Doc. 2015–04275 Filed 2–27–15; 8:45 am]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
antidumping administrative review Issues and Decision Memorandum.2 The
when there is no review requested of the BILLING CODE 3510–DS–P
1 See Polyethylene Terephthalate Film, Sheet and
2 See also the Enforcement and Compliance Web Strip From India: Preliminary Results And Partial
site at http://trade.gov/enforcement/. Rescission of Countervailing Duty Administrative
3 In accordance with 19 CFR 351.213(b)(1), parties Review; 2012, 79 FR 50616 (August 25, 2014)
4 See Antidumping and Countervailing Duty
should specify that they are requesting a review of (Preliminary Results 2012).
entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures; 2 See Memorandum from Christian Marsh, Deputy
the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR Assistant Secretary for Antidumping and
exporters in their request. 39263 (July 6, 2011). Continued
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Document Created: 2015-12-18 12:07:48
Document Modified: 2015-12-18 12:07:48
| 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 | |
| Contact | Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. | |
| FR Citation | 80 FR 11161 |
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