80 FR 17392 - 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 62 (April 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17392-17394 | |
| FR Document | 2015-07496 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Notices] [Pages 17392-17394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07496] ----------------------------------------------------------------------- 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 [[Page 17393]] 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 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 April 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 April 2015,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April 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. \2\ Interested parties may request an administrative review of all producers or exporters of frontseating service valves from the PRC other than Zhejiang Sanhua Co., Ltd. (``Sanhua''). Sanhua's entries during the 4/1/2014-4/27/2014 period are covered by an on- going administrative review. ------------------------------------------------------------------------ Period of Review ------------------------------------------------------------------------ Antidumping Duty Proceedings INDIA: 1-Hydroxyethylidene-1, 1-Diphosphonic 4/1/14-4/27/14 Acid (HEDP) A-533-847......................... RUSSIA: Ammonium Nitrate A-821-811............. 4/1/14-3/31/15 THE PEOPLE'S REPUBLIC OF CHINA: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 4/1/14-4/27/14 (HEDP) A-570-934.......................... Activated Carbon A-570-904................. 4/1/14-3/31/15 Drawn Stainless Steel Sinks A-570-983...... 4/1/14-3/31/15 Magnesium Metal A-570-896.................. 4/1/14-3/31/15 Frontseating Service Valves \2\ A-570-933.. 4/1/14-4/27/14 Non-Malleable Cast Iron Pipe Fittings A-570- 4/1/14-3/31/15 875....................................... Steel Threaded Rod A-570-932............... 4/1/14-3/31/15 Countervailing Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: Drawn Stainless 1/1/14--12/31/14 Steel Sinks C-570-984......................... Suspension Agreements None........................................... ------------------------------------------------------------------------ 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 [[Page 17394]] 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 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.\3\ --------------------------------------------------------------------------- \3\ 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.\4\ 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). --------------------------------------------------------------------------- \4\ 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.\5\ 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. --------------------------------------------------------------------------- \5\ 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 April 2015. If the Department does not receive, by the last day of April 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: March 25, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-07496 Filed 3-31-15; 8:45 am] BILLING CODE 3510-DS-P
![17392 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
included in the request for OMB administrative review, in whole or in and terms of an APO is a violation
approval of this information collection; part, if the parties that requested a which is subject to sanction.
they also will become a matter of public review withdraws the request within 90
Notification to Interested Parties
record. days of the date of publication of notice
of initiation of the requested review. This notice is issued and published in
Dated: March 26, 2015.
Petitioners withdrew their request for accordance with sections 751 and
Sarah Brabson,
review before the 90-day deadline, and 777(i)(l) of the Tariff Act of 1930, as
NOAA PRA Clearance Officer. amended, and 19 CFR 351.213(d)(4).
no other party requested an
[FR Doc. 2015–07333 Filed 3–31–15; 8:45 am]
administrative review of the Dated: March 25, 2015.
BILLING CODE 3510–22–P antidumping duty order on PVA from Christian Marsh,
the PRC for the period of review. Deputy Assistant Secretary for Antidumping
Therefore, in response to Petitioners’ and Countervailing Duty Operations.
DEPARTMENT OF COMMERCE
withdrawal of their request for review [FR Doc. 2015–07471 Filed 3–31–15; 8:45 am]
International Trade Administration and pursuant to 19 CFR 351.213(d)(1), BILLING CODE 3510–DS–P
we are rescinding this review in its
[A–570–879] entirety.
Polyvinyl Alcohol From the People’s Assessment DEPARTMENT OF COMMERCE
Republic of China: Rescission of
The Department will instruct U.S. International Trade Administration
Antidumping Duty Administrative
Customs and Border Protection (‘‘CBP’’)
Review; 2013–2014 Antidumping or Countervailing Duty
to assess antidumping duties on all
AGENCY: Enforcement and Compliance, appropriate entries. For the companies Order, Finding, or Suspended
International Trade Administration, for which this review is rescinded, Investigation; Opportunity To Request
Department of Commerce. antidumping duties shall be assessed at Administrative Review
DATES: Effective April 1, 2015. rates equal to the cash deposit of AGENCY: Enforcement and Compliance,
FOR FURTHER INFORMATION CONTACT:
estimated antidumping duties required International Trade Administration,
Mandy Mallott, AD/CVD Operations, at the time of entry, or withdrawal from Department of Commerce.
Office III, Enforcement and Compliance, warehouse, for consumption, in
FOR FURTHER INFORMATION CONTACT:
International Trade Administration, accordance with 19 CFR
Brenda E. Waters, Office of AD/CVD
U.S. Department of Commerce, 14th 351.212(c)(1)(i). The Department
Operations, Customs Liaison Unit,
Street and Constitution Avenue NW., intends to issue appropriate assessment
Enforcement and Compliance,
Washington, DC 20230; telephone (202) instructions directly to CBP 15 days
International Trade Administration,
482–6430. after publication of this notice.
U.S. Department of Commerce, 14th
SUPPLEMENTARY INFORMATION: Notification to Importers Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
Background This notice serves as the only 482–4735.
On October 31, 2014, the Department reminder to importers for whom this
received a timely request from Sekisui review is being rescinded, as of the Background
Specialty Chemical America, LLC publication date of this notice, of their Each year during the anniversary
(‘‘Sekisui’’) and Kuraray America Inc. responsibility under 19 CFR month of the publication of an
(‘‘Kuraray’’) (collectively, ‘‘Petitioners’’), 351.402(f)(2) to file a certificate antidumping or countervailing duty
to conduct an administrative review of regarding the reimbursement of order, finding, or suspended
the antidumping duty order on antidumping duties prior to liquidation investigation, an interested party, as
polyvinyl alcohol (‘‘PVA’’) from the of the relevant entries during this defined in section 771(9) of the Tariff
People’s Republic of China (‘‘PRC’’) review period. Failure to comply with Act of 1930, as amended (‘‘the Act’’),
with regard to Sinopec Sichuan Vinylon this requirement could result in the may request, in accordance with 19 CFR
Works (‘‘SVW’’). Based upon this Secretary’s presumption that 351.213, that the Department of
request, on November 28, 2014, the reimbursement of the antidumping Commerce (‘‘the Department’’) conduct
Department of Commerce duties occurred and the subsequent an administrative review of that
(‘‘Department’’) initiated an assessment of double antidumping antidumping or countervailing duty
administrative review of the duties. order, finding, or suspended
antidumping duty order on PVA from Notification Regarding Administrative investigation.
the PRC with respect to SVW and Protective Orders All deadlines for the submission of
covering the period of October 1, 2013, comments or actions by the Department
to September 30, 2014.1 On February 25, This notice also serves as a reminder discussed below refer to the number of
2015, Petitioners withdrew their request to parties subject to administrative calendar days from the applicable
for review of SVW.2 protective order (‘‘APO’’) of their starting date.
responsibility concerning the return or
Rescission destruction of proprietary information Respondent Selection
Pursuant to 19 CFR 351.213(d)(1), the disclosed under APO in accordance In the event the Department limits the
mstockstill on DSK4VPTVN1PROD with NOTICES
Department will rescind an with 19 CFR 351.305, which continues number of respondents for individual
to govern business proprietary examination for administrative reviews
1 See Initiation of Antidumping and information in this segment of the initiated pursuant to requests made for
Countervailing Duty Administrative Reviews, 79 FR proceeding. Timely written notification the orders identified below, the
70850 (November 28, 2014). of the return or destruction of APO Department intends to select
2 See Letter from Petitioners titled ‘‘Polyvinyl
Alcohol from the People’s Republic of China:
materials or conversion to judicial respondents based on U.S. Customs and
Withdrawal of Request for Antidumping Duty protective order is hereby requested. Border Protection (‘‘CBP’’) data for U.S.
Administrative Review,’’ dated February 25, 2015. Failure to comply with the regulations imports during the period of review. We
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![17394 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
must state why it desires the Secretary unless the Department specifically entries at the time of entry, or
to review those particular producers or receives a request for, or self-initiates, a withdrawal from warehouse, for
exporters. If the interested party intends review of the NME entity.4 In consumption and to continue to collect
for the Secretary to review sales of administrative reviews of antidumping the cash deposit previously ordered.
merchandise by an exporter (or a duty orders on merchandise from NME For the first administrative review of
producer if that producer also exports countries where a review of the NME any order, there will be no assessment
merchandise from other suppliers) entity has not been initiated, but where of antidumping or countervailing duties
which was produced in more than one an individual exporter for which a on entries of subject merchandise
country of origin and each country of review was initiated does not qualify for entered, or withdrawn from warehouse,
origin is subject to a separate order, then a separate rate, the Department will for consumption during the relevant
the interested party must state issue a final decision indicating that the provisional-measures ‘‘gap’’ period of
specifically, on an order-by-order basis, company in question is part of the NME the order, if such a gap period is
which exporter(s) the request is entity. However, in that situation, applicable to the period of review.
intended to cover. because no review of the NME entity This notice is not required by statute
Note that, for any party the was conducted, the NME entity’s entries but is published as a service to the
Department was unable to locate in were not subject to the review and the international trading community.
prior segments, the Department will not rate for the NME entity is not subject to Dated: March 25, 2015.
accept a request for an administrative change as a result of that review Christian Marsh,
review of that party absent new (although the rate for the individual
information as to the party’s location. Deputy Assistant Secretary for Antidumping
exporter may change as a function of the and Countervailing Duty Operations.
Moreover, if the interested party who finding that the exporter is part of the
files a request for review is unable to [FR Doc. 2015–07496 Filed 3–31–15; 8:45 am]
NME entity).
locate the producer or exporter for Following initiation of an BILLING CODE 3510–DS–P
which it requested the review, the antidumping administrative review
interested party must provide an when there is no review requested of the
explanation of the attempts it made to DEPARTMENT OF COMMERCE
NME entity, the Department will
locate the producer or exporter at the instruct CBP to liquidate entries for all National Oceanic and Atmospheric
same time it files its request for review, exporters not named in the initiation Administration
in order for the Secretary to determine notice, including those that were
if the interested party’s attempts were suspended at the NME entity rate. RIN 0648–XD593
reasonable, pursuant to 19 CFR All requests must be filed
351.303(f)(3)(ii). electronically in Enforcement and Takes of Marine Mammals Incidental to
As explained in Antidumping and Compliance’s Antidumping and Specified Activities; Taking Marine
Countervailing Duty Proceedings: Countervailing Duty Centralized Mammals Incidental to the U.S. Air
Assessment of Antidumping Duties, 68 Electronic Service System (‘‘ACCESS’’) Force Conducting Maritime Weapon
FR 23954 (May 6, 2003), and Non- on Enforcement and Compliance’s Systems Evaluation Program
Market Economy Antidumping ACCESS Web site at http:// Operational Testing Within the Eglin
Proceedings: Assessment of access.trade.gov.5 Further, in Gulf Test and Training Range
Antidumping Duties, 76 FR 65694 accordance with 19 CFR 351.303(f)(l)(i), AGENCY: National Marine Fisheries
(October 24, 2011) the Department a copy of each request must be served Service (NMFS), National Oceanic and
clarified its practice with respect to the on the petitioner and each exporter or Atmospheric Administration (NOAA),
collection of final antidumping duties producer specified in the request. Commerce.
on imports of merchandise where The Department will publish in the ACTION: Notice; issuance of incidental
intermediate firms are involved. The Federal Register a notice of ‘‘Initiation
public should be aware of this harassment authorization.
of Administrative Review of
clarification in determining whether to Antidumping or Countervailing Duty SUMMARY: In accordance with the
request an administrative review of Order, Finding, or Suspended Marine Mammal Protection Act
merchandise subject to antidumping Investigation’’ for requests received by regulations, NMFS hereby gives notice
findings and orders.3 the last day of April 2015. If the that NMFS has issued an Incidental
Further, as explained in Antidumping Department does not receive, by the last Harassment Authorization
Proceedings: Announcement of Change day of April 2015, a request for review (Authorization) to the U.S. Air Force,
in Department Practice for Respondent of entries covered by an order, finding, Eglin Air Force Base (Eglin AFB), to take
Selection in Antidumping Duty or suspended investigation listed in this marine mammals, by harassment,
Proceedings and Conditional Review of notice and for the period identified incidental to a Maritime Weapon
the Nonmarket Economy Entity in NME above, the Department will instruct CBP Systems Evaluation Program (Maritime
Antidumping Duty Proceedings, 78 FR to assess antidumping or countervailing WSEP) within the Eglin Gulf Test and
65963 (November 4, 2013), the duties on those entries at a rate equal to Training Range in the Gulf of Mexico
Department clarified its practice with the cash deposit of (or bond for) from February 5 through April 1, 2015.
regard to the conditional review of the estimated antidumping or Eglin AFB’s activities are military
non-market economy (NME) entity in countervailing duties required on those readiness activities per the Marine
administrative reviews of antidumping Mammal Protection Act (MMPA), as
mstockstill on DSK4VPTVN1PROD with NOTICES
duty orders. The Department will no 4 In accordance with 19 CFR 351.213(b)(1), parties
amended by the National Defense
longer consider the NME entity as an should specify that they are requesting a review of
Authorization Act (NDAA) for Fiscal
exporter conditionally subject to entries from exporters comprising the entity, and to
the extent possible, include the names of such Year 2004.
administrative reviews. Accordingly, exporters in their request. DATES: Effective February 5, 2015,
the NME entity will not be under review 5 See Antidumping and Countervailing Duty
through April 1, 2015.
Proceedings: Electronic Filing Procedures;
3 See also the Enforcement and Compliance Web Administrative Protective Order Procedures, 76 FR ADDRESSES: An electronic copy of the
site at http://trade.gov/enforcement/. 39263 (July 6, 2011). final Authorization, Eglin AFB’s
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Document Created: 2015-12-18 11:03:51
Document Modified: 2015-12-18 11:03:51
| 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 17392 |
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