80 FR 45952 - 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 148 (August 3, 2015)

[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45952-45954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18976]


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

DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD 
Operations, Customs Liaison Unit, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, telephone: 
(202) 482-4735.

Background

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Tariff Act of 1930, as amended (``the Act''), may request, in 
accordance with 19 CFR 351.213, that the Department of Commerce (``the 
Department'') conduct an administrative review of that antidumping or 
countervailing duty order, finding, or suspended investigation.
    All deadlines for the submission of comments or actions by the 
Department discussed below refer to the number of calendar days from 
the applicable starting date.

Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, the Department intends 
to select respondents based on U.S. Customs and Border Protection 
(``CBP'') data for U.S. imports during the period of review. We intend 
to release the CBP data under Administrative Protective Order (``APO'') 
to all parties having an APO within five days of publication of the 
initiation notice and to make our decision regarding respondent 
selection within 21 days of publication of the initiation Federal 
Register notice. Therefore, we encourage all parties interested in 
commenting on respondent selection to submit their APO applications on 
the date of publication of the initiation notice, or as soon thereafter 
as possible. The Department invites comments regarding the CBP data and 
respondent selection within five days of placement of the CBP data on 
the record of the review.
    In the event the Department decides it is necessary to limit 
individual examination of respondents and conduct respondent selection 
under section 777A(c)(2) of the Act:
    In general, the Department finds that determinations concerning 
whether particular companies should be ``collapsed'' (i.e., treated as 
a single entity for purposes of calculating antidumping duty rates) 
require a substantial amount of detailed information and analysis, 
which often require follow-up questions and analysis. Accordingly, the 
Department will not conduct collapsing analyses at the respondent 
selection phase of this review and will not collapse companies at the 
respondent selection phase unless

[[Page 45953]]

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 August 
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 
August 2015,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in August 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
 
Germany:
    Seamless Line and Pressure Pipe, A-428-820.......     8/1/14-7/31/15
    Sodium Nitrite, A-428-841........................     8/1/14-7/31/15
Italy: Granular Polytetrafluorethylene Resin, A-475-      8/1/14-7/31/15
 703.................................................
Japan:
    Brass Sheet & Strip, A-588-704...................     8/1/14-7/31/15
    Tin Mill Products, A-588-854.....................     8/1/14-7/31/15
Malaysia: Polyethylene Retail Carrier Bags, A-557-813     8/1/14-7/31/15
Mexico: Light-Walled Rectangular Pipe and Tube, A-201-    8/1/14-7/31/15
 836.................................................
Republic of Korea:
    Large Power Transformers, A-580-867..............     8/1/14-7/31/15
    Light-Walled Rectangular Pipe and Tube, A-580-859     8/1/14-7/31/15
Romania: Carbon and Alloy Seamless Standard, Line and     8/1/14-7/31/15
 Pressure Pipe, (Under 4 \1/2\ Inches), A-485-805....
Socialist Republic of Vietnam: Frozen Fish Fillets, A-    8/1/14-7/31/15
 552-801.............................................
Thailand: Polyethylene Retail Carrier Bags, A-549-821     8/1/14-7/31/15
The People's Republic of China:
    Floor-Standing, Metal-Top Ironing Tables and          8/1/14-7/31/15
     Parts Thereof, A-570-888........................
    Laminated Woven Sacks, A-570-916.................     8/1/14-7/31/15
    Light-Walled Rectangular Pipe and Tube, A-570-914     8/1/14-7/31/15
    Petroleum Wax Candles, A-570-504.................     8/1/14-7/31/15
    Polyethylene Retail Carrier Bags, A-570-886......     8/1/14-7/31/15
    Sodium Nitrite, A-570-925........................     8/1/14-7/31/15
    Steel Nails, A-570-909...........................     8/1/14-7/31/15
    Sulfanilic Acid, A-570-815.......................     8/1/14-7/31/15
    Tetrahydrofurfuryl Alcohol, A-570-887............     8/1/14-7/31/15
    Tow-Behind Lawn Groomers and Parts Thereof, A-570-    8/1/14-7/31/15
     939.............................................
    Woven Electric Blankets, A-570-951...............     8/1/14-7/31/15
Ukraine: Silicomanganese, A-823-805..................     8/1/14-7/31/15
 
           Countervailing Duty Proceedings
 
Republic of Korea: Stainless Steel Sheet and Strip in    1/1/14-12/31/14
 Coils, C-580-835....................................
The People's Republic of China:
    Laminated Woven Sacks, C-570-917.................    1/1/14-12/31/14
    Light-Walled Rectangular Pipe and Tube, C-570-915    1/1/14-12/31/14
    Sodium Nitrite, C-570-926........................    1/1/14-12/31/14
 
                Suspension Agreements
 
None.
------------------------------------------------------------------------


[[Page 45954]]

    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 August 2015. If the Department does not receive, by 
the last day of August 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: July 27, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-18976 Filed 7-31-15; 8:45 am]
BILLING CODE 3510-DS-P