80 FR 11166 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11166-11171
FR Document2015-04346

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11166-11171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04346]


-----------------------------------------------------------------------

 DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received 
requests to conduct administrative reviews of various antidumping and 
countervailing duty orders and findings with January anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews.

DATES: Effective March 2, 2015.

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.

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests, in accordance with 19 
CFR 351.213(b), for administrative reviews of various antidumping and 
countervailing duty orders and findings with January anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by the Department discussed 
below refer to the number of calendar days from the applicable starting 
time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (``POR''), it 
must notify the Department within 30 days of publication of this notice 
in the Federal Register. All submissions must be filed electronically 
at http://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such 
submissions are subject to verification in accordance with section 
782(i) of the Tariff Act of 1930, as amended (``the Act''). Further, in 
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every 
party on the Department's service list.
---------------------------------------------------------------------------

    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination for administrative reviews, the Department 
intends to select respondents based on U.S. Customs and Border 
Protection (``CBP'') data for U.S. imports during the POR. We intend to 
release the CBP data under Administrative Protective Order (``APO'') to 
all parties having an APO within seven days of publication of this 
initiation notice and to make our decision regarding respondent 
selection within 21 days of publication of this

[[Page 11167]]

Federal Register notice. 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 applicable review. Rebuttal comments will 
be due five days after submission of initial comments.
    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 has found 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 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 (``Q&V'') 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 Q&V data for that collapsed entity must be submitted.

Respondent Selection--Wooden Bedroom Furniture From the PRC

    In the event that the Department limits the number of respondents 
for individual examination in the antidumping duty administrative 
review of wooden bedroom furniture from the PRC, for the purposes of 
this segment of the proceeding, i.e., the 2014 review period, the 
Department intends to select respondents based on volume data contained 
in responses to a Q&V questionnaire. All parties are hereby notified 
that they must timely respond to the Q&V questionnaire. The 
Department's Q&V questionnaire along with the Separate Rate 
Application, Separate Rate Certification, and certain additional 
questions will be available in a document package on the Department's 
Web site at http://enforcement.trade.gov/download/prc-wbf/ on the date 
this notice is published. The responses to the Q&V questionnaire should 
be filed with the respondents' Separate Rate Application or Separate 
Rate Certification and their response to the additional questions and 
must be received by the Department by no later than 30 days after 
publication of this notice. Please be advised that due to the time 
constraints imposed by the statutory and regulatory deadlines for 
antidumping duty administrative reviews, the Department does not intend 
to grant any extensions for the submission of responses to the Q&V 
questionnaire.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that has requested 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 the 
Department does not intend to extend the 90-day deadline unless the 
requestor demonstrates that an extraordinary circumstance has 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.

Separate Rates

    In proceedings involving non-market economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, the Department analyzes each entity exporting the 
subject merchandise under a test arising from the Final Determination 
of Sales at Less Than Fair Value: Sparklers From the People's Republic 
of China, 56 FR 20588 (May 6, 1991), as amplified by Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide From 
the People's Republic of China, 59 FR 22585 (May 2, 1994). In 
accordance with the separate rates criteria, the Department assigns 
separate rates to companies in NME cases only if respondents can 
demonstrate the absence of both de jure and de facto government control 
over export activities.
    All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate rate application or 
certification, as described below. In addition, all firms that wish to 
qualify for separate-rate status in the antidumping duty administrative 
review of wooden bedroom furniture from the PRC must complete, as 
appropriate, either a separate-rate certification or application, as 
described below, and respond to the additional questions and the Q&V 
questionnaire which are included along with the separate-rate 
certification and application in a document package on the Department's 
Web site at http://enforcement.trade.gov/download/prc-wbf/. For these 
administrative reviews, in order to demonstrate separate rate 
eligibility, the Department requires entities for whom a review was 
requested, that were assigned a separate rate in the most recent 
segment of this proceeding in which they participated, to certify that 
they continue to meet the criteria for obtaining a separate rate. The 
Separate Rate Certification form will be available on the Department's 
Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the 
date of publication of this Federal Register notice. For the 
antidumping duty administrative review of wooden bedroom furniture from 
the PRC, the Separate Rate Certification form will be available at the 
Web site address noted above for the document package. In responding to 
the certification, please follow the ``Instructions for Filing the 
Certification'' in the Separate Rate

[[Page 11168]]

Certification. Separate Rate Certifications are due to the Department 
no later than 30 calendar days after publication of this Federal 
Register notice. For the antidumping duty administrative review of 
wooden bedroom furniture from the PRC, Separate Rate Certifications, as 
well as a response to the Q&V questionnaire and the additional 
questions in the document package, are due to the Department no later 
than 30 calendar days after publication of this Federal Register 
notice. The deadline and requirement for submitting a Certification 
applies equally to NME-owned firms, wholly foreign-owned firms, and 
foreign sellers who purchase and export subject merchandise to the 
United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \2\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\3\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Status Application will be available on 
the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
For the antidumping duty administrative review of wooden bedroom 
furniture from the PRC, the Separate Rate Status Application will be 
available at the Web site address noted above for the document package. 
In responding to the Separate Rate Status Application, refer to the 
instructions contained in the application. Separate Rate Status 
Applications are due to the Department no later than 30 calendar days 
of publication of this Federal Register notice. For the antidumping 
duty administrative review of wooden bedroom furniture from the PRC, 
Separate Rate Status Applications, as well as a response to the Q&V 
questionnaire and the additional questions in the document package, are 
due to the Department no later than 30 calendar days after publication 
of this Federal Register notice. The deadline and requirement for 
submitting a Separate Rate Status Application applies equally to NME-
owned firms, wholly foreign-owned firms, and foreign sellers that 
purchase and export subject merchandise to the United States.
---------------------------------------------------------------------------

    \2\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \3\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
---------------------------------------------------------------------------

    For exporters and producers who submit a separate-rate status 
application or certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.
    Furthermore, this notice constitutes public notification to all 
firms for which an antidumping duty administrative review of wooden 
bedroom furniture has been requested, and that are seeking separate 
rate status in the review, that they must submit a timely separate rate 
application or certification (as appropriate) as described above, and a 
timely response to the Q&V questionnaire and the additional questions 
in the document package on the Department's Web site in order to 
receive consideration for separate-rate status. In other words, the 
Department will not give consideration to any timely separate rate 
certification or application made by parties who failed to respond in a 
timely manner to the Q&V questionnaire and the additional questions. 
All information submitted by respondents in the antidumping duty 
administrative review of wooden bedroom furniture from the PRC is 
subject to verification. As noted above, the separate rate 
certification, the separate rate application, the Q&V questionnaire, 
and the additional questions will be available in a document package on 
the Department's Web site on the date of publication of this notice in 
the Federal Register.

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following antidumping and countervailing 
duty orders and findings. We intend to issue the final results of these 
reviews not later than January 31, 2016.

------------------------------------------------------------------------
                                                        Period of review
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
The People's Republic of China: Potassium                1/1/14-12/31/14
 Permanganate A-570-001..............................
    Pacific Accelerator Limited
The People's Republic of China: Multilayered Wood       12/1/13-11/30/14
 Flooring \4\ A-570-970..............................
    Dalian Dajen Wood Co., Ltd.\5\
    Jiangsu Mingle Flooring Co., Ltd.\6\
    Linyi Youyou Wood Co., Ltd.\7\
The People's Republic of China: Wooden Bedroom           1/1/14-12/31/14
 Furniture A-570-890.................................
    Art Heritage International, Ltd., Super Art
     Furniture Co., Ltd., Artwork Metal & Plastic
     Co., Ltd., Jibson Industries Ltd., Always Loyal
     International
    Baigou Crafts Factory Of Fengkai
    Balanza Co., Ltd.
    Best King International Ltd.
    Billionworth Enterprises Ltd.
    BNBM Co. Ltd. (aka Beijing New Materials Co.,
     Ltd.)
    Brittomart Inc.
    C.F. Kent Co., Inc.
    C.F. Kent Hospitality, Inc.
    Changshu Htc Import & Export Co., Ltd.
    Cheng Meng Furniture (PTE) Ltd., Cheng Meng
     Decoration & Furniture (Suzhou) Co., Ltd.
    Chuan Fa Furniture Factory
    Classic Furniture Global Co., Ltd.

[[Page 11169]]

 
    Clearwise Co., Ltd.
    Dalian Guangming Furniture Co., Ltd.
    Dalian Huafeng Furniture Co., Ltd.
    Dalian Huafeng Furniture Group Co., Ltd.
    Decca Furniture Ltd.
    Der Cheng Furniture Co., Ltd.
    Der Cheng Wooden Works Of Factory
    Dongguan Bon Ten Furniture Co., Ltd.
    Dongguan Chengcheng Furniture Co., Ltd.
    Dongguan Dong He Furniture Co., Ltd.
    Dongguan Fortune Furniture Ltd.
    Dongguan Grand Style Furniture Co., Ltd.
    Dongguan Hung Sheng Artware Products Co., Ltd.,
     Coronal Enterprise Co., Ltd.
    Dongguan Kingstone Furniture Co., Ltd., Kingstone
     Furniture Co., Ltd.
    Dongguan Lung Dong Furniture Co., Ltd.
    Dongguan Mingsheng Furniture Co., Ltd.
    Dongguan Mu Si Furniture Co., Ltd.
    Dongguan Nova Furniture Co., Ltd.
    Dongguan Singways Furniture Co., Ltd.
    Dongguan Sunrise Furniture Co., Ltd., Taicang
     Sunrise Wood Industry Co., Ltd., Taicang
     Fairmount Designs Furniture Co., Ltd., Meizhou
     Sunrise Furniture Co., Ltd.
    Dongguan Sunshine Furniture Co., Ltd.
    Dongguan Yujia Furniture Co., Ltd.
    Dongying Huanghekou Furniture Industry Co., Ltd.
    Dorbest Ltd., Rui Feng Woodwork Co., Ltd. Aka Rui
     Feng Woodwork (Dongguan) Co., Ltd., Rui Feng
     Lumber Development Co., Ltd. Aka Rui Feng Lumber
     Development (Shenzhen) Co., Ltd.
    Dream Rooms Furniture (Shanghai) Co., Ltd.
    Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co.,
     (Pte) Ltd.
    Fairmont Designs
    Fine Furniture (Shanghai) Ltd.
    Fleetwood Fine Furniture LP
    Fortune Furniture Ltd.
    Fortune Glory Industrial Ltd. (H.K. Ltd.),
     Tradewinds Furniture Ltd.
    Fuijian Lianfu Forestry Co., Ltd. aka Fujian
     Wonder Pacific Inc.
    Fuzhou Huan Mei Furniture Co., Ltd.
    Golden Well International (HK) Ltd.
    Guangdong New Four Seas Furniture Manufacturing
     Ltd.
    Guangzhou Lucky Furniture Co., Ltd.
    Guangzhou Maria Yee Furnishings Ltd., Pyla HK
     Ltd., Maria Yee, Inc.
    Hainan Jong Bao Lumber Co., Ltd.
    Haining Kareno Furniture Co., Ltd.
    Hang Hai Woodcraft's Art Factory
    Hangzhou Cadman Trading Co., Ltd.
    Hong Kong Da Zhi Furniture Co., Ltd.
    Hualing Furniture (China) Co., Ltd., Tony House
     Manufacture (China) Co., Ltd., Buysell
     Investments Ltd., Tony House Industries Co.,
     Ltd.
    Huasen Furniture Co., Ltd.
    Hung Fai Wood Products Factory Ltd.
    Jasonwood Industrial Co., Ltd. S.A.
    Jiangmen Kinwai Furniture Decoration Co., Ltd.
    Jiangmen Kinwai International Furniture Co., Ltd.
    Jiangsu Dare Furniture Co., Ltd.
    Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
    Jiangsu Yuexing Furniture Group Co., Ltd.
    Jibbon Enterprise Co., Ltd.
    Jiedong Lehouse Furniture Co., Ltd.
    King Rich International, Ltd.
    King's Group Furniture (ENT) Co., Ltd.
    King's Way Furniture Industries Co., Ltd.
    Kingsyear Ltd.
    Kunshan Summit Furniture Co., Ltd.
    Leefu Wood (Dongguan) Co., Ltd.
    Nanhai Jiantai Woodwork Co., Ltd., Fortune Glory
     Industrial Ltd. (H.K. Ltd.).
    Nantong Wangzhuang Furniture
    Nantong Yangzi Furniture Co., Ltd.
    Nathan International Ltd., Nathan Rattan Factory
    Orient International Holding Shanghai Foreign
     Trade Co., Ltd.
    Passwell Corporation, Pleasant Wave Ltd.
    Perfect Line Furniture Co., Ltd.
    Prime Wood International Co., Ltd, Prime Best
     International Co., Ltd., Prime Best Factory,
     Liang Huang (Jiaxing) Enterprise Co., Ltd.
    Putian Jinggong Furniture Co., Ltd.
    Qingdao Beiyuan Shengli Furniture Co., Ltd.,
     Qingdao Beiyuan Industry Trading Co., Ltd.
    Qingdao Liangmu Co., Ltd.

[[Page 11170]]

 
    Qingdao Shengchang Wooden Co., Ltd.
    Restonic (Dongguan) Furniture Ltd., Restonic Far
     East (Samoa) Ltd.
    Rizhao Sanmu Woodworking Co., Ltd.
    Sen Yeong International Co., Ltd., Sheh Hau
     International Trading Ltd.
    Shanghai Chengguan lmport & Export, Ltd.
    Shanghai Jian Pu Export & Import Co., Ltd.
    Shanghai Jiangfeng Furniture
    Shanghai Sinofound Imp. & Exp. Co., Ltd.
    Shanghai Sunrise Furniture Co., Ltd.
    Shenyang Shining Dongxing Furniture Co., Ltd.
    Shenzhen Forest Furniture Co., Ltd.
    Shenzhen Jiafa High Grade Furniture Co., Ltd.,
     Golden Lion International Trading Ltd.
    Shenzhen New Fudu Furniture Co., Ltd.
    Shenzhen Wonderful Furniture Co., Ltd.
    Shenzhen Xingli Furniture Co., Ltd.
    Shing Mark Enterprise Co., Ltd., Carven
     Industries Limited (BVI), Carven Industries
     Limited (HK), Dongguan Zhenxin Furniture Co.,
     Ltd., Dongguan Yongpeng Furniture Co., Ltd.
    Songgang Jasonwood Furniture Factory
    Starwood Industries Ltd.
    Strongson Furniture (Shenzhen) Co., Ltd.,
     Strongson Furniture Co., Ltd., Strongson (Hk)
     Co.
    Sunforce Furniture (Hui-Yang) Co., Ltd., Sun Fung
     Wooden Factory, Sun Fung Co., Shin Feng
     Furniture Co., Ltd., Stupendous International
     Co., Ltd.
    Superwood Co., Ltd., Lianjiang Zongyu Art
     Products Co., Ltd.
    Teamway Furniture (Dong Guan) Co., Ltd.
    Techniwood Industries Ltd., Ningbo Furniture
     Industries Ltd., Ningbo Hengrun Furniture Co.,
     Ltd.
    Tianjin Phu Shing Woodwork Enterprise Co., Ltd.
    Tube-Smith Enterprise (Haimen) Co., Ltd.
    Tube-Smith Enterprise (Zhangzhou) Co., Ltd.
    U-Rich Furniture (Zhangzhou) Co., Ltd., U-Rich
     Furniture Ltd.
    Woodworth Wooden Industries (Dong Guan) Co., Ltd.
    Wuxi Yushea Furniture Co., Ltd.
    Xiamen Yongquan Sci-Tech Development Co., Ltd.
    Xilinmen Group Co., Ltd.
    Yeh Brothers World Trade Inc.
    Yichun Guangming Furniture Co., Ltd.
    Yihua Timber Industry Co., Ltd., Guangdong Yihua
     Timber Industry Co., Ltd.
    Zhang Zhou Sanlong Wood Product Co., Ltd.
    Zhangjiagang Daye Hotel Furniture Co., Ltd.
    Zhangjiang Sunwin Arts & Crafts Co., Ltd.
    Zhangzhou Guohui Industrial & Trade Co., Ltd.
    Zhejiang Tianyi Scientific & Educational
     Equipment Co., Ltd.
    Zhong Shan Fullwin Furniture Co., Ltd.
    Zhong Shun Wood Art Co.
    Zhongshan Fookyik Furniture Co., Ltd.
    Zhongshan Golden King Furniture Industrial Co.,
     Ltd.
    Zhoushan For-Strong Wood Co., Ltd.
 
           Countervailing Duty Proceedings
 
The People's Republic of China: Multilayered Wood        1/1/13-12/13/13
 Flooring \8\ C-570-971..............................
 
                Suspension Agreements
 
None.
------------------------------------------------------------------------

Duty Absorption Reviews

     
---------------------------------------------------------------------------

    \4\ The deadline to withdraw a review request pursuant to 19 CFR 
351.213(d)(1) continues to be 90 days from the publication of the 
initiation notice published on February 4, 2015 (80 FR 6041).
    \5\ This company was inadvertently omitted from the initiation 
notice that published on February 4, 2015 (80 FR 6041).
    \6\ The company name listed above inadvertently omitted 
(``Ltd.'') in the initiation notice that published on February 4, 
2015 (80 FR 6041).
    \7\ The company name listed above inadvertently listed (``u'') 
at the end of the name in the initiation notice that published on 
February 4, 2015 (80 FR 6041).
    \8\ In the initiation notice that published on February 4, 2015 
(80 FR 6041), the Department inadvertently included Zhejiang Layo 
Wood Industry Co., Ltd. in the initiation of the review of the 
countervailing duty order on Multilayered Wood Flooring from the 
PRC. We are not initiating a countervailing duty review with respect 
to Zhejiang Layo Wood Industry Co., Ltd., because this company was 
excluded for the countervailing duty order. See 76 FR 76693.
---------------------------------------------------------------------------

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an antidumping duty order under 19 CFR 351.211 or a 
determination under 19 CFR 351.218(f)(4) to continue an order or 
suspended investigation (after sunset review), the Secretary, if 
requested by a domestic interested party within 30 days of the date of 
publication of the notice of initiation of the review, will determine, 
consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 
2002), as appropriate, whether antidumping duties have been absorbed by 
an exporter or producer subject to the review if the subject 
merchandise is sold in the United States through an importer that is 
affiliated with such exporter or producer. The request must include the 
name(s) of the exporter or producer for which the inquiry is requested.

Gap Period Liquidation

    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties

[[Page 11171]]

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 POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305. On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to 
administrative reviews included in this notice of initiation. Parties 
wishing to participate in any of these administrative reviews should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of separate letters of appearance as discussed at 19 CFR 
351.103(d)).

Revised Factual Information Requirements

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
The definition of factual information (19 CFR 351.102(b)(21)), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on or after May 10, 2013. Please review the final 
rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information.\9\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives. All segments of any 
antidumping duty or countervailing duty proceedings initiated on or 
after August 16, 2013, should use the formats for the revised 
certifications provided at the end of the Final Rule.\10\ The 
Department intends to reject factual submissions in any proceeding 
segments if the submitting party does not comply with applicable 
revised certification requirements.
---------------------------------------------------------------------------

    \9\ See section 782(b) of the Act.
    \10\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
the frequently asked questions regarding the Final Rule, available 
at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in antidumping 
and countervailing duty proceedings: Final Rule, 78 FR 57790 (September 
20, 2013). The modification clarifies that parties may request an 
extension of time limits before a time limit established under Part 351 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include, but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under 19 CFR 351.408(c), or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 
351.301(c)(3) and rebuttal, clarification and correction filed pursuant 
to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a 
surrogate country and surrogate values and rebuttal; (4) comments 
concerning U.S. Customs and Border Protection data; and (5) quantity 
and value questionnaires. Under certain circumstances, the Department 
may elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, the Department will inform 
parties in the letter or memorandum setting forth the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. This modification also requires that an 
extension request must be made in a separate, stand-alone submission, 
and clarifies the circumstances under which the Department will grant 
untimely-filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013. Please review the final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these segments.
    These initiations and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: February 24, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-04346 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 2, 2015.
ContactBrenda 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 Citation80 FR 11166 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR