80_FR_24316 80 FR 24233 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

80 FR 24233 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24233-24236
FR Document2015-10134

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

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24233-24236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10134]


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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 March anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews.

DATES: Effective date April 30, 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 March 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 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.

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

[[Page 24234]]

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. 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. In responding to the certification, please follow the 
``Instructions for Filing the Certification'' in the Separate Rate 
Certification. Separate Rate Certifications 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. 
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. 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.

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 March 31, 2016.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
France: Brass Sheet and Strip A-427-602..............     3/1/14-2/28/15
    Griset SA
    KME France
Germany: Brass Sheet and Strip A-428-602.............     3/1/14-2/28/15
    Aurubis Stolberg GmbH & Co. KG
    Carl Schreiber GmbH
    KME Germany AG & Co. KG
    Messingwerk Plettenberg Herfeld GmbH & Co. KG
    MKM Mansfelder Kupfer & Messing GmbH
    Schlenk Metallfolien GmbH & Co. KG (also known as
     ``Schlenk Metal Foils'')
    Schwermetall Halbzeugwerk GmbH & Co. KG
    Sundwiger Messingwerke GmbH & Co. KG
    ThyssenKrupp VDM GmbH
    Wieland-Werke AG
Italy: Brass Sheet and Strip A-475-601...............     3/1/14-2/28/15
    KME Italy SpA
Spain: Stainless Steel Bar A-469-805.................     3/1/14-2/28/15
    Gerdau Aceros Especiales Europa, S.L.

[[Page 24235]]

 
Thailand: Circular Welded Carbon Steel Pipes and          3/1/14-2/28/15
 Tubes, A-549-502....................................
    Saha Thai Steel Pipe (Public) Company, Ltd.
The People's Republic of China: Glycine A-570-836....     3/1/14-2/28/15
    Baoding Mantong Fine Chemistry Co., Ltd.
    Kumar Industries
    Nutracare International
    Ravi Industries
    Rudraa International
 
           Countervailing Duty Proceedings
 
Republic of Korea: Large Residential Washers. \4\
C-580-869............................................    1/1/14-12/31/14
    Samsung Electronics Co., Ltd.
                Suspension Agreements
 
None
------------------------------------------------------------------------
\4\ The company listed above was misspelled in the initiation notice
  that published on April 3, 2015 (80 FR 18202). The correct spelling of
  the company is listed in this notice.

Duty Absorption Reviews

    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 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.\5\ 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.\6\ The Department 
intends to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable revised certification 
requirements.
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    \5\ See section 782(b) of the Act.
    \6\ 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).

[[Page 24236]]

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: April 24, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-10134 Filed 4-29-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                           24233

                                                  orders would likely lead to the                         Background                                            entity for purposes of calculating
                                                  continuation or recurrence of dumping                     The Department has received timely                  antidumping duty rates) require a
                                                  and a countervailable subsidy, as well                  requests, in accordance with 19 CFR                   substantial amount of detailed
                                                  as material injury to an industry in the                351.213(b), for administrative reviews of             information and analysis, which often
                                                  United States, pursuant to section                      various antidumping and countervailing                require follow-up questions and
                                                  751(d)(2) of the Act, the Department                    duty orders and findings with March                   analysis. Accordingly, the Department
                                                  hereby orders the continuation of the                   anniversary dates.                                    will not conduct collapsing analyses at
                                                  AD and CVD orders on commodity                            All deadlines for the submission of                 the respondent selection phase of this
                                                  matchbooks from India. U.S. Customs                     various types of information,                         review and will not collapse companies
                                                  and Border Protection will continue to                  certifications, or comments or actions by             at the respondent selection phase unless
                                                  collect AD and CVD cash deposits at the                 the Department discussed below refer to               there has been a determination to
                                                  rates in effect at the time of entry for all            the number of calendar days from the                  collapse certain companies in a
                                                  imports of subject merchandise.                         applicable starting time.                             previous segment of this antidumping
                                                    The effective date of the continuation                                                                      proceeding (i.e., investigation,
                                                  of these orders will be the date of                     Notice of No Sales                                    administrative review, new shipper
                                                  publication in the Federal Register of                    If a producer or exporter named in                  review or changed circumstances
                                                  this notice of continuation. Pursuant to                this notice of initiation had no exports,             review). For any company subject to this
                                                  section 751(c)(2) of the Act, the                       sales, or entries during the period of                review, if the Department determined,
                                                  Department intends to initiate the next                 review (‘‘POR’’), it must notify the                  or continued to treat, that company as
                                                  sunset review of these orders not later                 Department within 30 days of                          collapsed with others, the Department
                                                  than 30 days prior to the fifth                         publication of this notice in the Federal             will assume that such companies
                                                  anniversary of the effective date of                    Register. All submissions must be filed               continue to operate in the same manner
                                                  continuation.                                           electronically at http://access.trade.gov             and will collapse them for respondent
                                                                                                          in accordance with 19 CFR 351.303.1                   selection purposes. Otherwise, the
                                                    These sunset reviews and this notice
                                                                                                          Such submissions are subject to                       Department will not collapse companies
                                                  are in accordance with sections 751(c)
                                                                                                          verification in accordance with section               for purposes of respondent selection.
                                                  and 751(d)(2) of the Act, and published
                                                                                                          782(i) of the Tariff Act of 1930, as                  Parties are requested to (a) identify
                                                  pursuant to 777(i) of the Act and 19 CFR
                                                                                                          amended (‘‘the Act’’). Further, in                    which companies subject to review
                                                  351.218(f)(4).
                                                                                                          accordance with 19 CFR 351.303(f)(1)(i),              previously were collapsed, and (b)
                                                    Dated: April 24, 2015.                                                                                      provide a citation to the proceeding in
                                                                                                          a copy must be served on every party on
                                                  Paul Piquado,                                                                                                 which they were collapsed. Further, if
                                                                                                          the Department’s service list.
                                                  Assistant Secretary for Enforcement and                                                                       companies are requested to complete
                                                  Compliance.                                             Respondent Selection                                  the Quantity and Value (‘‘Q&V’’)
                                                  [FR Doc. 2015–10133 Filed 4–29–15; 8:45 am]                In the event the Department limits the             Questionnaire for purposes of
                                                  BILLING CODE 3510–DS–P                                  number of respondents for individual                  respondent selection, in general each
                                                                                                          examination for administrative reviews,               company must report volume and value
                                                                                                          the Department intends to select                      data separately for itself. Parties should
                                                  DEPARTMENT OF COMMERCE                                  respondents based on U.S. Customs and                 not include data for any other party,
                                                                                                          Border Protection (‘‘CBP’’) data for U.S.             even if they believe they should be
                                                  International Trade Administration                                                                            treated as a single entity with that other
                                                                                                          imports during the POR. We intend to
                                                                                                          release the CBP data under                            party. If a company was collapsed with
                                                  Initiation of Antidumping and                                                                                 another company or companies in the
                                                  Countervailing Duty Administrative                      Administrative Protective Order
                                                                                                          (‘‘APO’’) to all parties having an APO                most recently completed segment of this
                                                  Reviews                                                                                                       proceeding where the Department
                                                                                                          within seven days of publication of this
                                                  AGENCY:  Enforcement and Compliance,                    initiation notice and to make our                     considered collapsing that entity,
                                                  International Trade Administration,                     decision regarding respondent selection               complete Q&V data for that collapsed
                                                  Department of Commerce.                                 within 21 days of publication of this                 entity must be submitted.
                                                  SUMMARY: The Department of Commerce                     Federal Register notice. The                          Deadline for Withdrawal of Request for
                                                  (‘‘the Department’’) has received                       Department invites comments regarding                 Administrative Review
                                                  requests to conduct administrative                      the CBP data and respondent selection                   Pursuant to 19 CFR 351.213(d)(1), a
                                                  reviews of various antidumping and                      within five days of placement of the                  party that has requested a review may
                                                  countervailing duty orders and findings                 CBP data on the record of the applicable              withdraw that request within 90 days of
                                                  with March anniversary dates. In                        review. Rebuttal comments will be due                 the date of publication of the notice of
                                                  accordance with the Department’s                        five days after submission of initial                 initiation of the requested review. The
                                                  regulations, we are initiating those                    comments.                                             regulation provides that the Department
                                                  administrative reviews.                                    In the event the Department decides                may extend this time if it is reasonable
                                                                                                          it is necessary to limit individual                   to do so. In order to provide parties
                                                  DATES: Effective date April 30, 2015.                   examination of respondents and                        additional certainty with respect to
                                                  FOR FURTHER INFORMATION CONTACT:                        conduct respondent selection under                    when the Department will exercise its
                                                  Brenda E. Waters, Office of AD/CVD                      section 777A(c)(2) of the Act:                        discretion to extend this 90-day
                                                  Operations, Customs Liaison Unit,                          In general, the Department has found
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                deadline, interested parties are advised
                                                  Enforcement and Compliance,                             that determinations concerning whether                that the Department does not intend to
                                                  International Trade Administration,                     particular companies should be                        extend the 90-day deadline unless the
                                                  U.S. Department of Commerce, 14th                       ‘‘collapsed’’ (i.e., treated as a single              requestor demonstrates that an
                                                  Street and Constitution Avenue NW.,                                                                           extraordinary circumstance has
                                                  Washington, DC 20230, telephone: (202)                    1 See Antidumping and Countervailing Duty
                                                                                                                                                                prevented it from submitting a timely
                                                  482–4735.                                               Proceedings: Electronic Filing Procedures;
                                                                                                          Administrative Protective Order Procedures, 76 FR     withdrawal request. Determinations by
                                                  SUPPLEMENTARY INFORMATION:                              39263 (July 6, 2011).                                 the Department to extend the 90-day


                                             VerDate Sep<11>2014   17:01 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\30APN1.SGM   30APN1


                                                  24234                                 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  deadline will be made on a case-by-case                             appropriate, either a separate rate                                  companies or facilities, or changes to
                                                  basis.                                                              application or certification, as described                           their official company name, 3 should
                                                                                                                      below. For these administrative reviews,                             timely file a Separate Rate Application
                                                  Separate Rates
                                                                                                                      in order to demonstrate separate rate                                to demonstrate eligibility for a separate
                                                     In proceedings involving non-market                              eligibility, the Department requires                                 rate in this proceeding. The Separate
                                                  economy (‘‘NME’’) countries, the                                    entities for whom a review was                                       Rate Status Application will be
                                                  Department begins with a rebuttable                                 requested, that were assigned a separate                             available on the Department’s Web site
                                                  presumption that all companies within                               rate in the most recent segment of this                              at http://enforcement.trade.gov/nme/
                                                  the country are subject to government                               proceeding in which they participated,                               nme-sep-rate.html on the date of
                                                  control and, thus, should be assigned a                             to certify that they continue to meet the                            publication of this Federal Register
                                                  single antidumping duty deposit rate. It                            criteria for obtaining a separate rate. The                          notice. In responding to the Separate
                                                  is the Department’s policy to assign all                            Separate Rate Certification form will be                             Rate Status Application, refer to the
                                                  exporters of merchandise subject to an                              available on the Department’s Web site                               instructions contained in the
                                                  administrative review in an NME                                     at http://enforcement.trade.gov/nme/                                 application. Separate Rate Status
                                                  country this single rate unless an                                  nme-sep-rate.html on the date of                                     Applications are due to the Department
                                                  exporter can demonstrate that it is                                 publication of this Federal Register                                 no later than 30 calendar days of
                                                  sufficiently independent so as to be                                notice. In responding to the                                         publication of this Federal Register
                                                  entitled to a separate rate.                                        certification, please follow the                                     notice. The deadline and requirement
                                                     To establish whether a firm is                                   ‘‘Instructions for Filing the                                        for submitting a Separate Rate Status
                                                  sufficiently independent from                                       Certification’’ in the Separate Rate                                 Application applies equally to NME-
                                                  government control of its export                                    Certification. Separate Rate                                         owned firms, wholly foreign-owned
                                                  activities to be entitled to a separate                             Certifications are due to the Department                             firms, and foreign sellers that purchase
                                                  rate, the Department analyzes each
                                                                                                                      no later than 30 calendar days after                                 and export subject merchandise to the
                                                  entity exporting the subject
                                                                                                                      publication of this Federal Register                                 United States.
                                                  merchandise under a test arising from
                                                                                                                      notice. The deadline and requirement                                    For exporters and producers who
                                                  the Final Determination of Sales at Less
                                                                                                                      for submitting a Certification applies                               submit a separate-rate status application
                                                  Than Fair Value: Sparklers from the
                                                                                                                      equally to NME-owned firms, wholly                                   or certification and subsequently are
                                                  People’s Republic of China, 56 FR 20588
                                                                                                                      foreign-owned firms, and foreign sellers                             selected as mandatory respondents,
                                                  (May 6, 1991), as amplified by Final
                                                                                                                      who purchase and export subject                                      these exporters and producers will no
                                                  Determination of Sales at Less Than
                                                                                                                      merchandise to the United States.                                    longer be eligible for separate rate status
                                                  Fair Value: Silicon Carbide from the
                                                  People’s Republic of China, 59 FR 22585                                Entities that currently do not have a                             unless they respond to all parts of the
                                                  (May 2, 1994). In accordance with the                               separate rate from a completed segment                               questionnaire as mandatory
                                                  separate rates criteria, the Department                             of the proceeding 2 should timely file a                             respondents.
                                                  assigns separate rates to companies in                              Separate Rate Application to                                         Initiation of Reviews
                                                  NME cases only if respondents can                                   demonstrate eligibility for a separate
                                                  demonstrate the absence of both de jure                             rate in this proceeding. In addition,                                   In accordance with 19 CFR
                                                  and de facto government control over                                companies that received a separate rate                              351.221(c)(1)(i), we are initiating
                                                  export activities.                                                  in a completed segment of the                                        administrative reviews of the following
                                                     All firms listed below that wish to                              proceeding that have subsequently                                    antidumping and countervailing duty
                                                  qualify for separate rate status in the                             made changes, including, but not                                     orders and findings. We intend to issue
                                                  administrative reviews involving NME                                limited to, changes to corporate                                     the final results of these reviews not
                                                  countries must complete, as                                         structure, acquisitions of new                                       later than March 31, 2016.

                                                                                                                                                                                                                                   Period to be
                                                                                                                                                                                                                                    reviewed

                                                                                                 Antidumping Duty Proceedings
                                                  France: Brass Sheet and Strip A–427–602 ..................................................................................................................................       3/1/14–2/28/15
                                                        Griset SA
                                                        KME France
                                                  Germany: Brass Sheet and Strip A–428–602 ...............................................................................................................................         3/1/14–2/28/15
                                                        Aurubis Stolberg GmbH & Co. KG
                                                        Carl Schreiber GmbH
                                                        KME Germany AG & Co. KG
                                                        Messingwerk Plettenberg Herfeld GmbH & Co. KG
                                                        MKM Mansfelder Kupfer & Messing GmbH
                                                        Schlenk Metallfolien GmbH & Co. KG (also known as ‘‘Schlenk Metal Foils’’)
                                                        Schwermetall Halbzeugwerk GmbH & Co. KG
                                                        Sundwiger Messingwerke GmbH & Co. KG
                                                        ThyssenKrupp VDM GmbH
                                                        Wieland-Werke AG
                                                  Italy: Brass Sheet and Strip A–475–601 .......................................................................................................................................   3/1/14–2/28/15
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                                                        KME Italy SpA
                                                  Spain: Stainless Steel Bar A–469–805 .........................................................................................................................................   3/1/14–2/28/15
                                                        Gerdau Aceros Especiales Europa, S.L.

                                                     2 Such entities include entities that have not                   shipper review, etc.) and entities that lost their                     3 Only changes to the official company name,

                                                  participated in the proceeding, entities that were                  separate rate in the most recently completed                         rather than trade names, need to be addressed via
                                                  preliminarily granted a separate rate in any                        segment of the proceeding in which they                              a Separate Rate Application. Information regarding
                                                  currently incomplete segment of the proceeding                      participated.                                                        new trade names may be submitted via a Separate
                                                  (e.g., an ongoing administrative review, new                                                                                             Rate Certification.



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                                                                                           Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                                                                        24235

                                                                                                                                                                                                                                                   Period to be
                                                                                                                                                                                                                                                    reviewed

                                                  Thailand: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ......................................................................................                                          3/1/14–2/28/15
                                                      Saha Thai Steel Pipe (Public) Company, Ltd.
                                                  The People’s Republic of China: Glycine A–570–836 ..................................................................................................................                              3/1/14–2/28/15
                                                      Baoding Mantong Fine Chemistry Co., Ltd.
                                                      Kumar Industries
                                                      Nutracare International
                                                      Ravi Industries
                                                      Rudraa International
                                                                                                               Countervailing Duty Proceedings
                                                  Republic of Korea: Large Residential Washers. 4
                                                  C–580–869 ....................................................................................................................................................................................   1/1/14–12/31/14
                                                     Samsung Electronics Co., Ltd.
                                                                                                                       Suspension Agreements
                                                  None
                                                    4 The company listed above was misspelled in the initiation notice that published on April 3, 2015 (80 FR 18202). The correct spelling of the
                                                  company is listed in this notice.


                                                  Duty Absorption Reviews                                                    APO Procedures, 73 FR 3634 (January                                        seeks to rebut, clarify, or correct. The
                                                    During any administrative review                                         22, 2008). Those procedures apply to                                       final rule also modified 19 CFR 351.301
                                                  covering all or part of a period falling                                   administrative reviews included in this                                    so that, rather than providing general
                                                  between the first and second or third                                      notice of initiation. Parties wishing to                                   time limits, there are specific time limits
                                                  and fourth anniversary of the                                              participate in any of these                                                based on the type of factual information
                                                  publication of an antidumping duty                                         administrative reviews should ensure                                       being submitted. These modifications
                                                  order under 19 CFR 351.211 or a                                            that they meet the requirements of these                                   are effective for all segments initiated on
                                                  determination under 19 CFR                                                 procedures (e.g., the filing of separate                                   or after May 10, 2013. Please review the
                                                  351.218(f)(4) to continue an order or                                      letters of appearance as discussed at 19                                   final rule, available at http://
                                                  suspended investigation (after sunset                                      CFR 351.103(d)).                                                           enforcement.trade.gov/frn/2013/
                                                  review), the Secretary, if requested by a                                                                                                             1304frn/2013-08227.txt, prior to
                                                                                                                             Revised Factual Information                                                submitting factual information in this
                                                  domestic interested party within 30                                        Requirements
                                                  days of the date of publication of the                                                                                                                segment.
                                                                                                                               On April 10, 2013, the Department                                           Any party submitting factual
                                                  notice of initiation of the review, will
                                                                                                                             published Definition of Factual                                            information in an antidumping duty or
                                                  determine, consistent with FAG Italia v.
                                                                                                                             Information and Time Limits for                                            countervailing duty proceeding must
                                                  United States, 291 F.3d 806 (Fed Cir.                                                                                                                 certify to the accuracy and completeness
                                                  2002), as appropriate, whether                                             Submission of Factual Information:
                                                                                                                             Final Rule, 78 FR 21246 (April 10,                                         of that information.5 Parties are hereby
                                                  antidumping duties have been absorbed                                                                                                                 reminded that revised certification
                                                  by an exporter or producer subject to the                                  2013), which modified two regulations
                                                                                                                             related to antidumping and                                                 requirements are in effect for company/
                                                  review if the subject merchandise is                                                                                                                  government officials as well as their
                                                  sold in the United States through an                                       countervailing duty proceedings: the
                                                                                                                             definition of factual information (19                                      representatives. All segments of any
                                                  importer that is affiliated with such                                                                                                                 antidumping duty or countervailing
                                                  exporter or producer. The request must                                     CFR 351.102(b)(21)), and the time limits
                                                                                                                             for the submission of factual                                              duty proceedings initiated on or after
                                                  include the name(s) of the exporter or                                                                                                                August 16, 2013, should use the formats
                                                  producer for which the inquiry is                                          information (19 CFR 351.301). The final
                                                                                                                             rule identifies five categories of factual                                 for the revised certifications provided at
                                                  requested.                                                                                                                                            the end of the Final Rule.6 The
                                                                                                                             information in 19 CFR 351.102(b)(21),
                                                  Gap Period Liquidation                                                     which are summarized as follows: (i)                                       Department intends to reject factual
                                                                                                                             Evidence submitted in response to                                          submissions in any proceeding
                                                    For the first administrative review of
                                                                                                                             questionnaires; (ii) evidence submitted                                    segments if the submitting party does
                                                  any order, there will be no assessment
                                                                                                                             in support of allegations; (iii) publicly                                  not comply with applicable revised
                                                  of antidumping or countervailing duties
                                                                                                                             available information to value factors                                     certification requirements.
                                                  on entries of subject merchandise
                                                  entered, or withdrawn from warehouse,                                      under 19 CFR 351.408(c) or to measure                                      Revised Extension of Time Limits
                                                  for consumption during the relevant                                        the adequacy of remuneration under 19                                      Regulation
                                                  provisional-measures ‘‘gap’’ period, of                                    CFR 351.511(a)(2); (iv) evidence placed
                                                                                                                                                                                                          On September 20, 2013, the
                                                  the order, if such a gap period is                                         on the record by the Department; and (v)
                                                                                                                                                                                                        Department modified its regulation
                                                  applicable to the POR.                                                     evidence other than factual information
                                                                                                                                                                                                        concerning the extension of time limits
                                                                                                                             described in (i)–(iv). The final rule
                                                  Administrative Protective Orders and                                                                                                                  for submissions in antidumping and
                                                                                                                             requires any party, when submitting                                        countervailing duty proceedings: Final
                                                  Letters of Appearance                                                      factual information, to specify under                                      Rule, 78 FR 57790 (September 20, 2013).
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                                                    Interested parties must submit                                           which subsection of 19 CFR
                                                  applications for disclosure under                                          351.102(b)(21) the information is being                                       5 See section 782(b) of the Act.
                                                  administrative protective orders in                                        submitted and, if the information is                                          6 See Certification of Factual Information To
                                                  accordance with 19 CFR 351.305. On                                         submitted to rebut, clarify, or correct                                    Import Administration During Antidumping and
                                                  January 22, 2008, the Department                                           factual information already on the                                         Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                                                                                                                        17, 2013) (‘‘Final Rule’’); see also the frequently
                                                  published Antidumping and                                                  record, to provide an explanation                                          asked questions regarding the Final Rule, available
                                                  Countervailing Duty Proceedings:                                           identifying the information already on                                     at http://enforcement.trade.gov/tlei/notices/factual_
                                                  Documents Submission Procedures;                                           the record that the factual information                                    info_final_rule_FAQ_07172013.pdf.



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                                                  24236                         Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  The modification clarifies that parties                 DEPARTMENT OF COMMERCE                                  Dated: April 24, 2015.
                                                  may request an extension of time limits                                                                       Gregory W. Campbell,
                                                  before a time limit established under                   International Trade Administration                    Director, Subsidies Enforcement Office,
                                                  Part 351 expires, or as otherwise                                                                             Enforcement and Compliance.
                                                                                                          Harvard University, et al.; Notice of
                                                  specified by the Secretary. In general, an                                                                    [FR Doc. 2015–10132 Filed 4–29–15; 8:45 am]
                                                                                                          Consolidated Decision on Applications
                                                  extension request will be considered                                                                          BILLING CODE 3510–DS–P
                                                                                                          for Duty-Free Entry of Electron
                                                  untimely if it is filed after the time limit
                                                                                                          Microscope
                                                  established under Part 351 expires. For
                                                  submissions which are due from                             This is a decision consolidated                    DEPARTMENT OF COMMERCE
                                                  multiple parties simultaneously, an                     pursuant to Section 6(c) of the                       International Trade Administration
                                                  extension request will be considered                    Educational, Scientific, and Cultural
                                                  untimely if it is filed after 10:00 a.m. on             Materials Importation Act of 1966 (Pub.               New Mexico Institute of Mining and
                                                  the due date. Examples include, but are                 L. 89–651, as amended by Pub. L. 106–                 Technology, et al.; Notice of Decision
                                                  not limited to: (1) Case and rebuttal                   36; 80 Stat. 897; 15 CFR part 301).                   on Application for Duty-Free Entry of
                                                  briefs, filed pursuant to 19 CFR 351.309;               Related records can be viewed between                 Scientific Instruments
                                                  (2) factual information to value factors                8:30 a.m. and 5:00 p.m. in Room 3720,
                                                  under 19 CFR 351.408(c), or to measure                  U.S. Department of Commerce, 14th and                    This is a decision pursuant to Section
                                                                                                          Constitution Avenue NW., Washington,                  6(c) of the Educational, Scientific, and
                                                  the adequacy of remuneration under 19
                                                                                                          DC.                                                   Cultural Materials Importation Act of
                                                  CFR 351.511(a)(2), filed pursuant to 19
                                                                                                             Docket Number: 14–031. Applicant:                  1966 (Pub. L. 89–651, as amended by
                                                  CFR 351.301(c)(3) and rebuttal,                                                                               Pub. L. 106–36; 80 Stat. 897; 15 CFR
                                                  clarification and correction filed                      Harvard University, Cambridge, MA
                                                                                                          02138. Instrument: Electron Microscope.               part 301). Related records can be viewed
                                                  pursuant to 19 CFR 351.301(c)(3)(iv); (3)                                                                     between 8:30 a.m. and 5:00 p.m. in
                                                  comments concerning the selection of a                     Manufacturer: JEOL Ltd., Japan.
                                                                                                          Intended Use: See notice at 80 FR 2914–               Room 3720, U.S. Department of
                                                  surrogate country and surrogate values                                                                        Commerce, 14th and Constitution Ave.
                                                  and rebuttal; (4) comments concerning                   15, January 21, 2015.
                                                                                                             Docket Number: 14–033. Applicant:                  NW., Washington, DC.
                                                  U.S. Customs and Border Protection                                                                               Docket Number: 14–032. Applicant:
                                                  data; and (5) quantity and value                        University of South Carolina School of
                                                                                                                                                                New Mexico Institute of Mining and
                                                  questionnaires. Under certain                           Medicine, Columbia, SC 29208.
                                                                                                                                                                Technology, Socorro, NM 87801.
                                                                                                          Instrument: Electron Microscope.
                                                  circumstances, the Department may                                                                             Instrument: Delay Line Trolley (DLT).
                                                  elect to specify a different time limit by                 Manufacturer: JEOL Ltd., Japan.
                                                                                                                                                                Manufacturer: University of Cambridge/
                                                                                                          Intended Use: See notice at 80 FR 2914–
                                                  which extension requests will be                                                                              Cavendish Lab, United Kingdom.
                                                                                                          15, January 21, 2015.
                                                  considered untimely for submissions                                                                           Intended Use: See notice at 80 FR 2914–
                                                                                                             Docket Number: 14–036. Applicant:                  15, January 21, 2015. Comments: None
                                                  which are due from multiple parties
                                                                                                          University of Michigan, Ann Arbor, MI                 received. Decision: Approved. We know
                                                  simultaneously. In such a case, the
                                                                                                          48109–2200. Instrument: Electron                      of no instruments of equivalent
                                                  Department will inform parties in the
                                                                                                          Microscope. Manufacturer: JEOL Ltd.,                  scientific value to the foreign
                                                  letter or memorandum setting forth the                  Japan. Intended Use: See notice at 80 FR
                                                  deadline (including a specified time) by                                                                      instruments described below, for such
                                                                                                          2914–15, January 21, 2015.                            purposes as this is intended to be used,
                                                  which extension requests must be filed                     Docket Number: 14–037. Applicant:
                                                  to be considered timely. This                                                                                 that was being manufactured in the
                                                                                                          University of Arizona, Tucson, AZ                     United States at the time of order.
                                                  modification also requires that an                      85721. Instrument: Electron Microscope.
                                                  extension request must be made in a                                                                           Reasons: The instrument will be used
                                                                                                          Manufacturer: FEI Company, Czech                      within the Magdalena Ridge
                                                  separate, stand-alone submission, and                   Republic. Intended Use: See notice at 80              Observatory Interferometer (MROI) to
                                                  clarifies the circumstances under which                 FR 2914–15, January 21, 2015.                         equalize path lengths traveled by the
                                                  the Department will grant untimely-                        Docket Number: 14–038. Applicant:                  light from a target object, via the
                                                  filed requests for the extension of time                University of North Dakota, Grand                     telescopes, to the point where
                                                  limits. These modifications are effective               Forks, ND 58202–8153. Instrument:                     interference takes place, by acting as a
                                                  for all segments initiated on or after                  Electron Microscope. Manufacturer: FEI                continuously movable retro-reflector.
                                                  October 21, 2013. Please review the                     Company, Czech Republic.                              Each trolley moves continuously within
                                                  final rule, available at http://                           Intended Use: See notice at 80 FR                  an evacuated pipe in order to introduce
                                                  www.gpo.gov/fdsys/pkg/FR-2013-09-20/                    2914–15, January 21, 2015.                            the optical path delay appropriate for
                                                  html/2013-22853.htm, prior to                              Comments: None received. Decision:                 the target, time of observation, and
                                                  submitting factual information in these                 Approved. No instrument of equivalent                 inter-telescope separations in use. For
                                                  segments.                                               scientific value to the foreign                       most of the sky to be accessible, a delay
                                                     These initiations and this notice are                instrument, for such purposes as this                 range approximately equal to the longest
                                                  in accordance with section 751(a) of the                instrument is intended to be used, is                 inter-telescope separation must be
                                                  Act (19 U.S.C. 1675(a)) and 19 CFR                      being manufactured in the United States               available, requiring an unprecedented
                                                  351.221(c)(1)(i).                                       at the time the instrument was ordered.               monolithic delay line length of almost
                                                                                                          Reasons: Each foreign instrument is an                200m. The instrument is essentially a
                                                    Dated: April 24, 2015.
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                                                                                                          electron microscope and is intended for               cat’s-eye assembly that is flexure-
                                                  Christian Marsh,                                        research or scientific educational uses               mounted and voice coil actuated on a
                                                  Deputy Assistant Secretary for Antidumping              requiring an electron microscope. We                  motorized wheeled carriage, which runs
                                                  and Countervailing Duty Operations.                     know of no electron microscope, or any                directly on the inner surface of the delay
                                                  [FR Doc. 2015–10134 Filed 4–29–15; 8:45 am]             other instrument suited to these                      line pipe, not on pre-installed rails. Its
                                                  BILLING CODE 3510–DS–P                                  purposes, which was being                             position is precisely measured by a laser
                                                                                                          manufactured in the United States at the              metrology system and computer
                                                                                                          time of order of each instrument.                     controlled so as to introduce the


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Document Created: 2018-02-21 10:15:17
Document Modified: 2018-02-21 10:15:17
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 date April 30, 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 24233 

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