80 FR 31017 - 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 104 (June 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 104 (June 1, 2015)
| Page Range | 31017-31019 | |
| FR Document | 2015-13106 |
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)] [Notices] [Pages 31017-31019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13106] ----------------------------------------------------------------------- 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 [[Page 31018]] calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (``APO'') to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department finds that determinations concerning whether particular companies should be ``collapsed'' (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department 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 June 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 June 2015,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in June for the following periods: --------------------------------------------------------------------------- \1\ Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. ------------------------------------------------------------------------ Period of review ------------------------------------------------------------------------ Antidumping Duty Proceedings JAPAN: Carbon and Alloy Seamless Standard, Line, and 6/1/14-5/31/15 Pressure Pipe, A-588-850 (Over 4\1/2\ Inches).. Carbon and Alloy Seamless Standard, Line and 6/1/14-5/31/15 Pressure Pipe, A-588-851 (Under 4\1/2\ Inches). MEXICO: Prestressed Concrete Steel Rail Tie Wire, A- 12/12/13-5/31/15 201-843............................................ SPAIN: Chlorinated Isocyanurates, A-469-814......... 6/1/14-5/31/15 TAIWAN: Helical Spring Lock Washers, A-583-820...... 6/1/14-5/31/15 THE PEOPLE'S REPUBLIC OF CHINA: Artist Canvas, A-570-899........................ 6/1/14-5/31/15 Chlorinated Isocyanurates, A-570-898............ 6/1/14-5/31/15 Furfuryl Alcohol, A-570-835..................... 6/1/14-5/31/15 High Pressure Steel Cylinders, A-570-977........ 6/1/14-5/31/15 Polyester Staple Fiber, A-570-905............... 6/1/14-5/31/15 Prestressed Concrete Steel Rail Tie Wire, A-570- 12/12/13-5/31/15 990............................................ Prestressed Concrete Steel Wire Strand, A-570- 6/1/14-5/31/15 945............................................ Silicon Metal, A-570-806........................ 6/1/14-5/31/15 Tapered Roller Bearings, A-570-601.............. 6/1/14-5/31/15 Countervailing Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: High Pressure Steel 1/1/14-12/31/14 Cylinders, C-570-978............................... [[Page 31019]] 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 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.\2\ --------------------------------------------------------------------------- \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. --------------------------------------------------------------------------- Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.\3\ In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). --------------------------------------------------------------------------- \3\ In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. --------------------------------------------------------------------------- Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov.\4\ Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. --------------------------------------------------------------------------- \4\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- The Department will publish in the Federal Register a notice of ``Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation'' for requests received by the last day of June 2015. If the Department does not receive, by the last day of June 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: May 18, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-13106 Filed 5-29-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31017
Please note that if the Department determinations no later than 140 days 190th day after the date on which the
receives a Notice of Intent to Participate after the date of initiation, unless administering authority initiated the
from a member of the domestic industry postponed. Currently, the preliminary investigation. Therefore, for the reasons
within 15 days of the date of initiation, determinations in these investigations stated above, and because we find there
the review will continue. Thereafter, are due no later than June 30, 2015. are no compelling reasons to deny the
any interested party wishing to petitioners’ requests, the Department is
Postponement of Preliminary postponing the preliminary
participate in the Sunset Review must
Determinations determinations in these investigations
provide substantive comments in
response to the notice of initiation no Section 733(b)(1)(A) of the Tariff Act until August 19, 2015, which is 190
later than 30 days after the date of of 1930, as amended (the Act) and 19 days from the date on which the
initiation. CFR 351.205(b)(1), require the Department initiated these
This notice is not required by statute Department to issue the preliminary investigations.
but is published as a service to the determination in an AD investigation Pursuant to section 735(a)(1) of the
international trading community. within 140 days after the date on which Act and 19 CFR 351.210(b)(1), the
Dated: May 18, 2015. the Department initiated the deadline for the final determinations
investigation. However, if the petitioner will continue to be 75 days after the
Christian Marsh,
makes a timely request for an extension date of the preliminary determinations,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations. in accordance with 19 CFR 351.205(e), unless this deadline is extended.
section 733(c)(1)(A) of the Act allows This notice is issued and published
[FR Doc. 2015–13122 Filed 5–29–15; 8:45 am]
the Department to postpone the pursuant to section 733(c)(2) of the Act
BILLING CODE 3510–DS–P
preliminary determination until no later and 19 CFR 351.205(f)(1).
than 190 days after the date on which Dated: May 21, 2015.
DEPARTMENT OF COMMERCE the Department initiated the Ronald K. Lorentzen,
investigation. Acting Assistant Secretary for Enforcement
International Trade Administration On May 15, 2015 and May 18, 2015, and Compliance.
United Steel, Paper and Forestry, [FR Doc. 2015–13044 Filed 5–29–15; 8:45 am]
[A–602–807, A–351–842, A–570–022, A–560–
Rubber, Manufacturing, Energy, Allied
828, A–471–807] BILLING CODE 3510–DS–P
Industrial and Service Workers
Certain Uncoated Paper From International Union (USW); Domtar
Australia, Brazil, the People’s Republic Corporation; Finch Paper LLC; P.H. DEPARTMENT OF COMMERCE
of China, Indonesia, and Portugal: Glatfelter Company; and Packaging
Postponement of Preliminary Corporation of America (collectively, International Trade Administration
Determinations of Antidumping Duty the ‘‘petitioners’’) made timely requests,
pursuant to section 733(c)(1)(A) of the Antidumping or Countervailing Duty
Investigations
Act and 19 CFR 351.205(e), for a 50-day Order, Finding, or Suspended
AGENCY: Enforcement and Compliance, postponement of the preliminary Investigation; Opportunity To Request
International Trade Administration, determinations in the investigations.2 Administrative Review
Department of Commerce. The petitioners stated that a AGENCY: Enforcement and Compliance,
DATES: Effective Date: June 1, 2015. postponement of the preliminary International Trade Administration,
FOR FURTHER INFORMATION CONTACT: Eve determinations in all five of the Department of Commerce.
Wang at (202) 482–6231 (Australia); uncoated paper AD investigations is
FOR FURTHER INFORMATION CONTACT:
Julia Hancock at (202) 482–1394 necessary because it may not be feasible
(Brazil); Stephanie Moore at (202) 482– for the Department to analyze Brenda E. Waters, Office of AD/CVD
3692 (the People’s Republic of China questionnaire responses, identify issues, Operations, Customs Liaison Unit,
(PRC)); Blaine Wiltse at (202) 482–6345 and develop the respective case records Enforcement and Compliance,
(Indonesia); and Kabir Archuletta at of the aforementioned investigations as International Trade Administration,
(202) 482–2593 (Portugal), AD/CVD necessary within the current schedule.3 U.S. Department of Commerce, 14th
Operations, Enforcement and With respect to the AD investigation of Street and Constitution Avenue NW.,
Compliance, U.S. Department of uncoated paper from the PRC, the Washington, DC 20230, telephone: (202)
Commerce, 14th Street and Constitution petitioners indicated that a 482–4735.
Avenue NW., Washington, DC 20230. postponement is warranted because it is Background
SUPPLEMENTARY INFORMATION: not feasible to resolve the necessary Each year during the anniversary
surrogate country selection and month of the publication of an
Background valuation issues within the current antidumping or countervailing duty
On February 10, 2015, the Department schedule.4 order, finding, or suspended
of Commerce (the Department) initiated Under section 733(c)(1)(A) of the Act, investigation, an interested party, as
antidumping duty (AD) investigations of if a petitioner makes a timely request for defined in section 771(9) of the Tariff
imports of certain uncoated paper an extension of the period within which Act of 1930, as amended (‘‘the Act’’),
(uncoated paper) from Australia, Brazil, the preliminary determination must be may request, in accordance with 19 CFR
the PRC, Indonesia, and Portugal.1 The made under subsection (b)(1), then the 351.213, that the Department of
notice of initiation stated that, in Department may postpone making the Commerce (‘‘the Department’’) conduct
accordance with section 733(b)(1)(A) of
Lhorne on DSK2VPTVN1PROD with NOTICES
preliminary determination under an administrative review of that
the Act and 19 CFR 351.205(b)(1), we subsection (b)(1) until not later than the antidumping or countervailing duty
would issue our preliminary order, finding, or suspended
2 See petitioners’ letters to the Department dated
1 See May 15, 2015 and May 18, 2015. investigation.
Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia, 3 Id. All deadlines for the submission of
and Portugal: Initiation of Less-Than-Fair-Value 4 See petitioners’ letter to the Department dated comments or actions by the Department
Investigations, 80 FR 8608 (February 18, 2015). May 18, 2015 at 1. discussed below refer to the number of
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![Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31019
Period of review
Suspension Agreements
None.
In accordance with 19 CFR merchandise subject to antidumping ACCESS Web site at http://
351.213(b), an interested party as findings and orders.2 access.trade.gov.4 Further, in
defined by section 771(9) of the Act may Further, as explained in Antidumping accordance with 19 CFR 351.303(f)(l)(i),
request in writing that the Secretary Proceedings: Announcement of Change a copy of each request must be served
conduct an administrative review. For in Department Practice for Respondent on the petitioner and each exporter or
both antidumping and countervailing Selection in Antidumping Duty producer specified in the request.
duty reviews, the interested party must Proceedings and Conditional Review of The Department will publish in the
specify the individual producers or the Nonmarket Economy Entity in NME Federal Register a notice of ‘‘Initiation
exporters covered by an antidumping Antidumping Duty Proceedings, 78 FR of Administrative Review of
finding or an antidumping or 65963 (November 4, 2013), the Antidumping or Countervailing Duty
countervailing duty order or suspension Department clarified its practice with Order, Finding, or Suspended
agreement for which it is requesting a regard to the conditional review of the Investigation’’ for requests received by
review. In addition, a domestic non-market economy (NME) entity in the last day of June 2015. If the
interested party or an interested party administrative reviews of antidumping Department does not receive, by the last
described in section 771(9)(B) of the Act duty orders. The Department will no day of June 2015, a request for review
must state why it desires the Secretary longer consider the NME entity as an of entries covered by an order, finding,
to review those particular producers or exporter conditionally subject to or suspended investigation listed in this
exporters. If the interested party intends administrative reviews. Accordingly, notice and for the period identified
for the Secretary to review sales of the NME entity will not be under review above, the Department will instruct CBP
merchandise by an exporter (or a unless the Department specifically to assess antidumping or countervailing
producer if that producer also exports receives a request for, or self-initiates, a duties on those entries at a rate equal to
merchandise from other suppliers) review of the NME entity.3 In the cash deposit of (or bond for)
which was produced in more than one administrative reviews of antidumping estimated antidumping or
country of origin and each country of duty orders on merchandise from NME countervailing duties required on those
origin is subject to a separate order, then countries where a review of the NME entries at the time of entry, or
the interested party must state entity has not been initiated, but where withdrawal from warehouse, for
specifically, on an order-by-order basis, an individual exporter for which a consumption and to continue to collect
which exporter(s) the request is review was initiated does not qualify for the cash deposit previously ordered.
intended to cover. a separate rate, the Department will For the first administrative review of
Note that, for any party the issue a final decision indicating that the any order, there will be no assessment
Department was unable to locate in company in question is part of the NME of antidumping or countervailing duties
prior segments, the Department will not entity. However, in that situation, on entries of subject merchandise
accept a request for an administrative because no review of the NME entity entered, or withdrawn from warehouse,
review of that party absent new was conducted, the NME entity’s entries for consumption during the relevant
information as to the party’s location. were not subject to the review and the provisional-measures ‘‘gap’’ period of
Moreover, if the interested party who rate for the NME entity is not subject to the order, if such a gap period is
files a request for review is unable to change as a result of that review applicable to the period of review.
locate the producer or exporter for (although the rate for the individual This notice is not required by statute
which it requested the review, the exporter may change as a function of the but is published as a service to the
interested party must provide an finding that the exporter is part of the international trading community.
explanation of the attempts it made to NME entity). Dated: May 18, 2015.
locate the producer or exporter at the Following initiation of an Christian Marsh,
same time it files its request for review, antidumping administrative review Deputy Assistant Secretary for Antidumping
in order for the Secretary to determine when there is no review requested of the and Countervailing Duty Operations.
if the interested party’s attempts were NME entity, the Department will [FR Doc. 2015–13106 Filed 5–29–15; 8:45 am]
reasonable, pursuant to 19 CFR instruct CBP to liquidate entries for all
BILLING CODE 3510–DS–P
351.303(f)(3)(ii). exporters not named in the initiation
As explained in Antidumping and notice, including those that were
Countervailing Duty Proceedings: suspended at the NME entity rate. DEPARTMENT OF COMMERCE
Assessment of Antidumping Duties, 68 All requests must be filed
FR 23954 (May 6, 2003), and Non- electronically in Enforcement and National Oceanic and Atmospheric
Market Economy Antidumping Compliance’s Antidumping and Administration
Proceedings: Assessment of Countervailing Duty Centralized
Antidumping Duties, 76 FR 65694 Electronic Service System (‘‘ACCESS’’) New England Fishery Management
(October 24, 2011) the Department on Enforcement and Compliance’s Council (NEFMC); Public Meeting
Lhorne on DSK2VPTVN1PROD with NOTICES
clarified its practice with respect to the
collection of final antidumping duties 2 See also the Enforcement and Compliance Web
AGENCY: National Marine Fisheries
on imports of merchandise where site at http://trade.gov/enforcement/. Service (NMFS), National Oceanic and
3 In accordance with 19 CFR 351.213(b)(1), parties
intermediate firms are involved. The
should specify that they are requesting a review of 4 See Antidumping and Countervailing Duty
public should be aware of this entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures;
clarification in determining whether to the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR
request an administrative review of exporters in their request. 39263 (July 6, 2011).
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Document Created: 2015-12-15 15:19:15
Document Modified: 2015-12-15 15:19:15
| 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 31017 |
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