80 FR 53106 - Initiation of Antidumping and Countervailing Duty Administrative Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 170 (September 2, 2015)
International Trade Administration
Federal Register Volume 80, Issue 170 (September 2, 2015)
| Page Range | 53106-53111 | |
| FR Document | 2015-21777 |
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)] [Notices] [Pages 53106-53111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21777] ----------------------------------------------------------------------- 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 July anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. DATES: Effective Date: September 2, 2015. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with July 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 [[Page 53107]] 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 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 [[Page 53108]] 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 July 31, 2016. ------------------------------------------------------------------------ Period to be reviewed ------------------------------------------------------------------------ Antidumping Duty Proceedings ------------------------------------------------------------------------ INDIA: Polyethylene Terephthalate (PET) Film, Sheet 7/1/14-6/30/15 and Strip A-533-824................................. Ester Industries Limited......................... Garware Polyester Ltd............................ Jindal Poly Films Limited of India............... MTZ Polyesters Ltd............................... Polyplex Corporation Ltd......................... SRF Limited...................................... Uflex Ltd........................................ Vacmet........................................... Vacmet India Limited............................. ITALY: Certain Pasta A-475-818....................... 7/1/14-6/30/15 Agritalia S.r.L.................................. Atar, S.r.L...................................... Azienda Agricola Casina Rossa di De Laurentiis Nicola.......................................... Corticella Molini e Pastifici S.p.A.............. Delverde Industrie Alimentari S.p.A.............. Domenico Paone fu Erasmo S.p.A................... F. Divella S.p. A................................ I Sapori dell'Arca S.r.l......................... Industria Alimentare Colavita S.p.A.............. La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia.................................. La Molisana, SpA................................. La Romagna S.r.l................................. Ligouri Pastificio Dal 1820...................... Molino e Pastificio Tomasello S.r.L.............. P.A.P SNC DI Pazienza G.B. & C................... PAM S.p.A........................................ Pasta Lensi S.r.L................................ Pasta Zara S.p.A................................. Pastificio Andalini S.p.A........................ Pastificio Bolognese of Angelo R. Dicuonzo....... Pastificio Carmine Russo S.p.A................... Pastificio DiMartino Gaetano & F. Ili S.r.L...... Pastificio Fabianelli S.p.A...................... Pastificio Felicetti S.r. L...................... Pastificio Labor S.r.L........................... Pastificio Riscossa F. Ili Mastromauro S.p.A. (AKA Pastificio Riscossa F. Ili................. Mastromauro S.r.L.).............................. Poiatti, S.p.A................................... Premiato Pastificio Afreltra S.r. L.............. Rustichella d'Abruzzo S.p.A...................... Ser.com.snc...................................... Vero Lucano S.r.l................................ RUSSIA FEDERATION: Solid Urea A-821-801.............. 7/1/14-6/30/15 Joint Stock Company PhosAgro-Cherepovets......... MCC EuroChem..................................... OJSC Nevinnomysskiy Azot......................... OJSC NAK Azot (also known as Novomoskovskiy Azot, OJSC)........................................... TAIWAN: Polyethylene Terephthalate (PET) Film, Sheet, 7/1/14-6/30/15 and Strip A-583-837................................. Nan Ya Plastics Corporation...................... Shinkong Materials Technology Corporation........ THE PEOPLE'S REPUBLIC OF CHINA: Certain Steel Grating 7/1/14-6/30/15 A-570-947........................................... Ningbo Haitian International Co., Ltd............ Yantai Xinke Steel Structure Co., Ltd............ THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 7/1/14-6/30/15 Carbon Quality Steel Pipe A-570-910................. [[Page 53109]] Baoshan Iron & Steel Co., Ltd.................... Beijing Jia Mei Ao Trade Co., Ltd................ Beijing Jinghua Global Trading Co................ Benxi Northern Steel Pipes, Co. Ltd.............. CNOOC Kingland Pipeline Co., Ltd................. ETCO (China) International Trading Co., Ltd...... Guangzhou Juyi Steel Pipe Co., Ltd............... Huludao City Steel Pipe Industrial............... Jiangsu Changbao Steel Tube Co., Ltd............. Jiangsu Yulong Steel Pipe Co., Ltd............... Liaoning Northern Steel Pipe Co., Ltd............ Pangang Chengdu Group Iron & Steel Co., Ltd...... Shanghai Zhongyou TIPO Steel Pipe Co., Ltd....... Tianjin Baolai International Trade Co., Ltd...... Tianjin Haoyou Industry Trade Co................. Tianjin Longshenghua Import & Export............. Tianjin Shuangjie Steel Pipe Co., Ltd............ Weifang East Steel Pipe Co., Ltd................. WISCO & CRM Wuhan Materials & Trade.............. Zhejiang Kingland Pipeline Industry Co., Ltd..... THE PEOPLE'S REPUBLIC OF CHINA: Xanthan Gum A-570-985 7/1/14-6/30/15 A.H.A. International Co., Ltd.................... CP Kelco (Shandong) Biological Company Limited... Deosen Biochemical (Ordos) Ltd................... Deosen Biochemical Ltd........................... Hebei Xinhe Biochemical Co. Ltd.................. Inner Mongolia Jianlong Biochemical Co., Ltd..... Meihua Group International Trading (Hong Kong) Limited......................................... Langfang Meihua Bio-Technology Co., Ltd.......... Xinjiang Meihua Amino Acid Co., Ltd.............. Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng........................... Biotechnologies Co., Ltd.)....................... Shandong Fufeng Fermentation Co., Ltd............ Shanghai Smart Chemicals Co., Ltd................ Xinjiang Fufeng Biotechnologies Co., Ltd......... ------------------------------------------------------------------------ Countervailing Duty Proceedings ------------------------------------------------------------------------ INDIA: Polyethylene Terephthalate (PET) Film, Sheet, 1/1/14-12/31/14 and Strip C-533-825................................. Ester Industries Limited......................... Garware Polyester Ltd............................ Jindal Poly Films Limited of India............... MTZ Polyesters Ltd............................... Polyplex Corporation Ltd......................... SRF Limited...................................... Uflex Ltd........................................ Vacmet........................................... Vacmet India Limited............................. ITALY: Certain Pasta C-475-819....................... 1/1/14-12/31/14 Azienda Agricola Casina Rossa di De Laurentiis Nicola.......................................... I Sapori dell'Arca S.r.l......................... La Fabbrica della Pasta di Gragnano S.a.s. di Antonino Moccia................................. La Molisana, SpA................................. La Romagna S.r.l................................. Pastificio Bolognese of Angelo R. Dicuonzo....... Ser.com.snc...................................... Vero Lucano S.r.l................................ Pastificio C.A.M.S. srl.......................... Poiatti, S.p.A................................... THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 1/1/14-12/31/14 Carbon Quality Steel Pipe C-570-911................. Baoshan Iron & Steel Co., Ltd.................... Beijing Jia Mei AO Trading Co., Ltd.............. Beijing Jinghua Global Trading Co................ Benxi Northern Steel Pipes, Co. Ltd.............. CNOOC Kingland Pipeline Co., Ltd................. ETCO (China) International Trading Co., Ltd...... Guangzhou Juyi Steel Pipe Co., Ltd............... Huludao City Steel Pipe Industrial............... Jiangsu Changbao Steel Tube Co., Ltd............. Jiangsu Yulong Steel Pipe Co., Ltd............... Liaoning Northern Steel Pipe Co., Ltd............ Pangang Chengdu Group Iron & Steel Co., Ltd...... Shanghai Zhongyou TIPO Steel Pipe Co., Ltd....... [[Page 53110]] Tianjin Baolai International Trade Co., Ltd...... Tianjin Haoyou Industry Trade Co................. Tianjin Longshenghua Import & Export............. Tianjin Shuangjie Steel Pipe Co., Ltd............ Weifang East Steel Pipe Co., Ltd................. WISCO & CRM Wuhan Materials & Trade.............. Zhejiang Kingland Pipeline Industry Co., Ltd..... TURKEY: Certain Pasta C-489-806...................... 1/1/14-12/31/14 Bessan Makarna Gida San. VE Tic. A.S............. ------------------------------------------------------------------------ Suspension Agreements ------------------------------------------------------------------------ None................................................................ ------------------------------------------------------------------------ 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.\4\ 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.\5\ The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. --------------------------------------------------------------------------- \4\ See section 782(b) of the Act. \5\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in antidumping and countervailing duty proceedings: Final Rule, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an [[Page 53111]] 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: August 27, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-21777 Filed 9-1-15; 8:45 am] BILLING CODE 3510-DS-P
![53106 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Notices
1, 2013, through January 31, 2014, is as most recently completed segment of this 5. Recommendation
follows: proceeding in which the exporter was [FR Doc. 2015–21775 Filed 9–1–15; 8:45 am]
reviewed; (3) for all PRC exporters of BILLING CODE 3510–DS–P
Weighted-average subject merchandise which have not
Exporter dumping margin been found to be entitled to a separate
(percent)
rate, the cash deposit rate will be that DEPARTMENT OF COMMERCE
Creative Furniture & established for the PRC-wide entity of
Bedding Manufac- 234.51 percent; and (4) for all non-PRC International Trade Administration
turing10 ...................... 234.51 exporters of subject merchandise which
have not received their own rate, the Initiation of Antidumping and
Assessment cash deposit rate will be the rate Countervailing Duty Administrative
applicable to the PRC exporter that Reviews
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the supplied that non-PRC exporter with the AGENCY: Enforcement and Compliance,
Department will determine, and U.S. subject merchandise. The deposit International Trade Administration,
Customs and Border Protection (‘‘CBP’’) requirements, when imposed, shall Department of Commerce.
shall assess, antidumping duties on all remain in effect until further notice. SUMMARY: The Department of Commerce
appropriate entries. The Department Reimbursement of Duties (‘‘the Department’’) has received
intends to issue assessment instructions requests to conduct administrative
to CBP 15 days after the date of This notice also serves as a final reviews of various antidumping and
publication of the final results of review reminder to importers of their countervailing duty orders and findings
in the Federal Register. Consistent with responsibility under 19 CFR with July anniversary dates. In
the Department’s assessment practice in 351.402(f)(2) to file a certificate accordance with the Department’s
NME cases, for entries that were not regarding the reimbursement of regulations, we are initiating those
reported in the U.S. sales databases antidumping duties prior to liquidation administrative reviews.
submitted by companies individually of the relevant entries during this POR. DATES: Effective Date: September 2,
examined during this review, the Failure to comply with this requirement 2015.
Department will instruct CBP to could result in the Department’s
presumption that reimbursement of FOR FURTHER INFORMATION CONTACT:
liquidate such entries at the PRC-wide
antidumping duties occurred and the Brenda E. Waters, Office of AD/CVD
rate.11 In addition, if the Department
subsequent assessment of doubled Operations, Customs Liaison Unit,
determines that an exporter under
antidumping duties. Enforcement and Compliance,
review had no shipments of subject
International Trade Administration,
merchandise, any suspended entries Administrative Protective Orders U.S. Department of Commerce, 14th
that entered under the exporter’s case
Street and Constitution Avenue NW.,
number (i.e., at that exporter’s rate) will In accordance with 19 CFR Washington, DC 20230, telephone: (202)
be liquidated at the PRC–wide rate.12 351.305(a)(3), this notice also serves as 482–4735.
For Creative Furniture, the a final reminder to parties subject to
Department will instruct CBP to assess SUPPLEMENTARY INFORMATION:
administrative protective order (‘‘APO’’)
antidumping duties on the company’s of their responsibility concerning the Background
entries of subject merchandise (i.e., return or destruction of proprietary
PRC-origin innersprings) at the rate of The Department has received timely
information disclosed under APO,
234.51 percent. requests, in accordance with 19 CFR
which continues to govern business
351.213(b), for administrative reviews of
Cash Deposit Requirements proprietary information in this segment
various antidumping and countervailing
of the proceeding. Timely written
The following cash deposit duty orders and findings with July
notification of the return or destruction
requirements will be effective upon anniversary dates.
of APO materials, or conversion to
publication of the final results of this All deadlines for the submission of
judicial protective order, is hereby
administrative review for all shipments various types of information,
requested. Failure to comply with the
of the subject merchandise from the PRC certifications, or comments or actions by
regulations and terms of an APO is a
entered, or withdrawn from warehouse, the Department discussed below refer to
violation which is subject to sanction.
for consumption on or after the the number of calendar days from the
publication date, as provided for by Notification to Interested Parties applicable starting time.
section 751(a)(2)(C) of the Act: (1) for Notice of No Sales
We are issuing and publishing this
the exporter listed above, the cash
administrative review and notice in If a producer or exporter named in
deposit rate will be 234.51 percent for
accordance with sections 751(a)(1) and this notice of initiation had no exports,
their entries of subject merchandise (i.e.,
777(i) of the Act. sales, or entries during the period of
PRC-origin innersprings); (2) for
previously investigated or reviewed PRC Dated: August 24, 2015. review (‘‘POR’’), it must notify the
and non-PRC exporters not listed above Paul Piquado, Department within 30 days of
that have a separate rate, the cash Assistant Secretary for Enforcement and publication of this notice in the Federal
deposit rate will continue to be the Compliance. Register. All submissions must be filed
electronically at http://access.trade.gov
mstockstill on DSK4VPTVN1PROD with NOTICES
exporter-specific rate published for the Appendix in accordance with 19 CFR 351.303.1
10 Because Creative Furniture is located in Such submissions are subject to
List of Topics Discussed in the Final
Malaysia, we are treating them as a third-country verification in accordance with section
Decision Memorandum
reseller. Accordingly, this rate only applies to
Creative Furniture’s exports of PRC-origin 1. Summary 1 See Antidumping and Countervailing Duty
innersprings. 2. Background Proceedings: Electronic Filing Procedures;
11 See Assessment Practice Refinement. 3. Scope of the Order Administrative Protective Order Procedures, 76 FR
12 Id. 4. Discussion of the Issue 39263 (July 6, 2011).
VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1](https://thefederalregister.org/doc/80_FR_53276/page/1.svg)
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extension request will be considered SUMMARY: The Department of Commerce charge by retail establishments, e.g.,
untimely if it is filed after 10:00 a.m. on (the Department) has determined that grocery, drug, convenience, department,
the due date. Examples include, but are TPBI Public Company Limited (TPBI) is specialty retail, discount stores, and
not limited to: (1) Case and rebuttal the successor-in-interest to Thai Plastic restaurants, to their customers to
briefs, filed pursuant to 19 CFR 351.309; Bags Industries Company Limited (Thai package and carry their purchased
(2) factual information to value factors Plastic Bags Company) for purposes of products. The scope of the order
under 19 CFR 351.408(c), or to measure the antidumping duty order on excludes (1) polyethylene bags that are
the adequacy of remuneration under 19 polyethylene retail carrier bags (PRCBs) not printed with logos or store names
CFR 351.511(a)(2), filed pursuant to 19 from Thailand and, as such, will be and that are closeable with drawstrings
CFR 351.301(c)(3) and rebuttal, entitled to Thai Plastic Bags Company’s made of polyethylene film and (2)
clarification and correction filed exclusion from the antidumping duty polyethylene bags that are packed in
pursuant to 19 CFR 351.301(c)(3)(iv); (3) order. consumer packaging with printing that
comments concerning the selection of a refers to specific end-uses other than
DATES: Effective Date: September 2,
surrogate country and surrogate values packaging and carrying merchandise
2015.
and rebuttal; (4) comments concerning from retail establishments, e.g., garbage
U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: bags, lawn bags, trash-can liners.
data; and (5) quantity and value Thomas Schauer, AD/CVD Operations, As a result of changes to the
questionnaires. Under certain Office I, Enforcement and Compliance, Harmonized Tariff Schedule of the
circumstances, the Department may International Trade Administration, United States (HTSUS), imports of the
elect to specify a different time limit by Department of Commerce, 14th Street subject merchandise are currently
which extension requests will be and Constitution Avenue NW., classifiable under statistical category
considered untimely for submissions Washington, DC 20230; telephone: (202) 3923.21.0085 of the HTSUS.
which are due from multiple parties 482–0410. Furthermore, although the HTSUS
simultaneously. In such a case, the SUPPLEMENTARY INFORMATION: subheading is provided for convenience
Department will inform parties in the and customs purposes, the written
letter or memorandum setting forth the Background
description of the scope of the order is
deadline (including a specified time) by On July 20, 2015, pursuant to a dispositive.
which extension requests must be filed request from TPBI, we initiated and
to be considered timely. This announced the preliminary results of a Final Results of the Changed
modification also requires that an changed-circumstances review of the Circumstances Review
extension request must be made in a antidumping duty order on PRCBs from In 2010, the antidumping duty order
separate, stand-alone submission, and Thailand to determine whether TPBI on PRCBs from Thailand was partially
clarifies the circumstances under which was a successor-in-interest to Thai revoked with respect to Thai Plastic
the Department will grant untimely- Plastic Bags Company.1 Bags Company.4 For the reasons stated
filed requests for the extension of time In the Preliminary Results, we in the Preliminary Results, we continue
limits. These modifications are effective solicited comments from interested
for all segments initiated on or after to find that TPBI is the successor-in-
parties.2 The only party to comment on interest to Thai Plastic Bags Company
October 21, 2013. Please review the the Preliminary Results was TPBI
final rule, available at http:// and, as a result, should be accorded the
supporting the Preliminary Results.3 same treatment as Thai Plastic Bags
www.gpo.gov/fdsys/pkg/FR-2013–09-20/
html/2013-22853.htm, prior to Scope of the Order Company.5 We will instruct U.S.
submitting factual information in these Customs and Border Protection to
The merchandise subject to the order
segments. neither suspend liquidation nor collect
is PRCBs, which may be referred to as
These initiations and this notice are cash deposits with respect to TPBI.
t-shirt sacks, merchandise bags, grocery
in accordance with section 751(a) of the bags, or checkout bags. The subject Notification to Interested Parties
Act (19 U.S.C. 1675(a)) and 19 CFR merchandise is defined as non-sealable
351.221(c)(1)(i). sacks and bags with handles (including This notice serves as a reminder to
drawstrings), without zippers or integral parties subject to administrative
Dated: August 27, 2015.
extruded closures, with or without protective order (APO) of their
Gary Taverman,
gussets, with or without printing, of responsibility concerning the
Associate Deputy Assistant Secretary for disposition of proprietary information
Antidumping and Countervailing Duty polyethylene film having a thickness no
Operations. greater than 0.035 inch (0.889 mm) and disclosed under APO in accordance
no less than 0.00035 inch (0.00889 mm), with 19 CFR 351.306. Timely written
[FR Doc. 2015–21777 Filed 9–1–15; 8:45 am]
and with no length or width shorter notification of the destruction of APO
BILLING CODE 3510–DS–P
than 6 inches (15.24 cm) or longer than materials or conversion to judicial
40 inches (101.6 cm). The depth of the protective order is hereby requested.
DEPARTMENT OF COMMERCE bag may be shorter than 6 inches but not Failure to comply with the regulations
longer than 40 inches (101.6 cm). and terms of an APO is a sanctionable
International Trade Administration PRCBs are typically provided without violation.
any consumer packaging and free of This notice is published in
[A–549–821]
accordance with sections 751(b)(1) and
mstockstill on DSK4VPTVN1PROD with NOTICES
Polyethylene Retail Carrier Bags From 1 See Polyethylene Retail Carrier Bags From
Thailand: Notice of Final Results of Thailand: Notice of Initiation and Preliminary 4 See Notice of Implementation of Determination
Results of Antidumping Duty Changed Under Section 129 of the Uruguay Round
Antidumping Duty Changed Circumstances Review, 80 FR 42789 (July 20, 2015) Agreements Act and Partial Revocation of the
Circumstances Review (Preliminary Results). Antidumping Duty Order on Polyethylene Retail
2 Id. Carrier Bags From Thailand, 75 FR 48940 (August
AGENCY: Enforcement and Compliance, 3 See letter from TPBI, ‘‘Polyethylene Retail 12, 2010).
International Trade Administration, Carrier Bags (PRCBs) from Thailand: Expedited 5 See Preliminary Results and accompanying
Department of Commerce. Changed Circumstances Review’’ (July 17, 2015). Decision Memorandum.
VerDate Sep<11>2014 19:04 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1](https://thefederalregister.org/doc/80_FR_53276/page/6.svg)
Document Created: 2018-02-26 10:11:03
Document Modified: 2018-02-26 10:11:03
| 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 | |
| Dates | Effective Date: September 2, 2015. | |
| 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 53106 |
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