80 FR 59135 - 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 190 (October 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59135-59137 | |
| FR Document | 2015-24977 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Notices] [Pages 59135-59137] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24977] ----------------------------------------------------------------------- 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 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) [[Page 59136]] 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 October 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 October 2015,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in October 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 BRAZIL: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/14-9/30/15 351-832............................................. INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/14-9/30/15 560-815............................................. ITALY: Pressure Sensitive Plastic Tape, A-475-059.... 10/1/14-9/30/15 MEXICO: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/14-9/30/15 201-830............................................. MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/14-9/30/15 841-805............................................. THE PEOPLE'S REPUBLIC OF CHINA: Barium Carbonate, A- 10/1/14-9/30/15 570-880............................................. THE PEOPLE'S REPUBLIC OF CHINA: Barium Chloride, A- 10/1/14-9/30/15 570-007............................................. THE PEOPLE'S REPUBLIC OF CHINA: Electrolytic 10/1/14-9/30/15 Manganese Dioxide, A-570-919........................ THE PEOPLE'S REPUBLIC OF CHINA: Helical Spring Lock 10/1/14-9/30/15 Washers, A-570-822.................................. THE PEOPLE'S REPUBLIC OF CHINA: Polyvinyl Alcohol, A- 10/1/14-9/30/15 570-879............................................. THE PEOPLE'S REPUBLIC OF CHINA: Steel Wire Garment 10/1/14-9/30/15 Hangers, A-570-918.................................. TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel 10/1/14-9/30/15 Wire Rod, A-274-804................................. Countervailing Duty Proceedings BRAZIL: Carbon and Certain Alloy Steel Wire Rod, C- 1/1/14-12/31/14 351-833............................................. IRAN: Roasted In Shell Pistachios, C-507-601......... 1/1/14-12/31/14 Suspension Agreements RUSSIA: Uranium, A-821-802........................... 10/1/14-9/30/15 ------------------------------------------------------------------------ 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 [[Page 59137]] 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 October 2015. If the Department does not receive, by the last day of October 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: September 28, 2015. James Maeder, Senior Director, Office I for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-24977 Filed 9-30-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59135
for submissions in AD/CVD required contents of a substantive calendar days from the applicable
proceedings, available at http:// response, on an order-specific basis, are starting date.
www.gpo.gov/fdsys/pkg/FR-2013-09-20/ set forth at 19 CFR 351.218(d)(3). Note
Respondent Selection
html/2013-22853.htm, prior to that certain information requirements
submitting factual information in these differ for respondent and domestic In the event the Department limits the
segments.5 parties. Also, note that the Department’s number of respondents for individual
information requirements are distinct examination for administrative reviews
Letters of Appearance and initiated pursuant to requests made for
from the Commission’s information
Administrative Protective Orders the orders identified below, the
requirements. Consult the Department’s
Pursuant to 19 CFR 351.103(d), the regulations for information regarding Department intends to select
Department will maintain and make the Department’s conduct of Sunset respondents based on U.S. Customs and
available a public service list for these Reviews. Consult the Department’s Border Protection (‘‘CBP’’) data for U.S.
proceedings. Parties wishing to regulations at 19 CFR part 351 for imports during the period of review. We
participate in any of these five-year definitions of terms and for other intend to release the CBP data under
reviews must file letters of appearance general information concerning Administrative Protective Order
as discussed at 19 CFR 351.103(d). To antidumping and countervailing duty (‘‘APO’’) to all parties having an APO
facilitate the timely preparation of the proceedings at the Department. within five days of publication of the
public service list, it is requested that This notice of initiation is being initiation notice and to make our
those seeking recognition as interested published in accordance with section decision regarding respondent selection
parties to a proceeding submit an entry within 21 days of publication of the
751(c) of the Act and 19 CFR 351.218(c).
of appearance within 10 days of the initiation Federal Register notice.
Dated: September 28, 2015. Therefore, we encourage all parties
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews James Maeder, interested in commenting on respondent
can be very short, we urge interested Senior Director, Office I for Antidumping and selection to submit their APO
parties who want access to proprietary Countervailing Duty Operations. applications on the date of publication
information under administrative [FR Doc. 2015–24980 Filed 9–30–15; 8:45 am] of the initiation notice, or as soon
protective order (‘‘APO’’) to file an APO BILLING CODE 3510–DS–P thereafter as possible. The Department
application immediately following invites comments regarding the CBP
publication in the Federal Register of data and respondent selection within
this notice of initiation. The DEPARTMENT OF COMMERCE five days of placement of the CBP data
Department’s regulations on submission on the record of the review.
of proprietary information and International Trade Administration In the event the Department decides
eligibility to receive access to business it is necessary to limit individual
Antidumping or Countervailing Duty examination of respondents and
proprietary information under APO can Order, Finding, or Suspended
be found at 19 CFR 351.304–306. conduct respondent selection under
Investigation; Opportunity To Request section 777A(c)(2) of the Act:
Information Required From Interested Administrative Review In general, the Department finds that
Parties determinations concerning whether
AGENCY: Enforcement and Compliance,
Domestic interested parties, as particular companies should be
International Trade Administration,
defined in section 771(9)(C), (D), (E), (F), ‘‘collapsed’’ (i.e., treated as a single
Department of Commerce.
and (G) of the Act and 19 CFR entity for purposes of calculating
FOR FURTHER INFORMATION CONTACT: antidumping duty rates) require a
351.102(b), wishing to participate in a
Brenda E. Waters, Office of AD/CVD substantial amount of detailed
Sunset Review must respond not later
Operations, Customs Liaison Unit, information and analysis, which often
than 15 days after the date of
Enforcement and Compliance, require follow-up questions and
publication in the Federal Register of
International Trade Administration, analysis. Accordingly, the Department
this notice of initiation by filing a notice
U.S. Department of Commerce, 14th will not conduct collapsing analyses at
of intent to participate. The required
Street and Constitution Avenue NW., the respondent selection phase of this
contents of the notice of intent to
Washington, DC 20230, telephone: (202) review and will not collapse companies
participate are set forth at 19 CFR
482–4735. at the respondent selection phase unless
351.218(d)(1)(ii). In accordance with the
Department’s regulations, if we do not Background there has been a determination to
receive a notice of intent to participate collapse certain companies in a
Each year during the anniversary previous segment of this antidumping
from at least one domestic interested
month of the publication of an proceeding (i.e., investigation,
party by the 15-day deadline, the
antidumping or countervailing duty administrative review, new shipper
Department will automatically revoke
order, finding, or suspended review or changed circumstances
the order without further review.6
If we receive an order-specific notice investigation, an interested party, as review). For any company subject to this
of intent to participate from a domestic defined in section 771(9) of the Tariff review, if the Department determined,
interested party, the Department’s Act of 1930, as amended (‘‘the Act’’), or continued to treat, that company as
regulations provide that all parties may request, in accordance with 19 CFR collapsed with others, the Department
wishing to participate in a Sunset 351.213, that the Department of will assume that such companies
mstockstill on DSK4VPTVN1PROD with NOTICES6
Review must file complete substantive Commerce (‘‘the Department’’) conduct continue to operate in the same manner
responses not later than 30 days after an administrative review of that and will collapse them for respondent
the date of publication in the Federal antidumping or countervailing duty selection purposes. Otherwise, the
Register of this notice of initiation. The order, finding, or suspended Department will not collapse companies
investigation. for purposes of respondent selection.
5 See Extension of Time Limits, 78 FR 57790 All deadlines for the submission of Parties are requested to (a) identify
(September 20, 2013). comments or actions by the Department which companies subject to review
6 See 19 CFR 351.218(d)(1)(iii). discussed below refer to the number of previously were collapsed, and (b)
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59137
in Department Practice for Respondent Antidumping or Countervailing Duty Background
Selection in Antidumping Duty Order, Finding, or Suspended
Proceedings and Conditional Review of Investigation’’ for requests received by The executive lead for this mission
the Nonmarket Economy Entity in NME the last day of October 2015. If the will be Deputy Secretary of Commerce,
Antidumping Duty Proceedings, 78 FR Department does not receive, by the last Bruce Andrews. Due to this leadership
65963 (November 4, 2013), the day of October 2015, a request for update, it has been determined that
Department clarified its practice with review of entries covered by an order, additional time is needed to allow for
regard to the conditional review of the finding, or suspended investigation additional recruitment and marketing in
non-market economy (NME) entity in listed in this notice and for the period support of the Mission. Applications
administrative reviews of antidumping identified above, the Department will will now be accepted through November
duty orders. The Department will no instruct CBP to assess antidumping or 20, 2015 (and after that date if space
longer consider the NME entity as an countervailing duties on those entries at remains and scheduling constraints
exporter conditionally subject to a rate equal to the cash deposit of (or permit). Interested U.S. companies and
administrative reviews. Accordingly, bond for) estimated antidumping or trade associations/organizations
the NME entity will not be under review countervailing duties required on those providing infrastructure goods and
unless the Department specifically entries at the time of entry, or services which have not already
receives a request for, or self-initiates, a withdrawal from warehouse, for submitted an application are
review of the NME entity.3 In consumption and to continue to collect encouraged to do so.
administrative reviews of antidumping the cash deposit previously ordered. We will be conducting our vetting
duty orders on merchandise from NME For the first administrative review of process at different intervals before
countries where a review of the NME any order, there will be no assessment November 20, 2015, as applications are
entity has not been initiated, but where of antidumping or countervailing duties received they may be viewed prior to
an individual exporter for which a on entries of subject merchandise the November 20 deadline.
review was initiated does not qualify for entered, or withdrawn from warehouse, The applicants selected will be
a separate rate, the Department will for consumption during the relevant notified by December 4, 2015.
issue a final decision indicating that the provisional-measures ‘‘gap’’ period of
company in question is part of the NME the order, if such a gap period is Contact Information
entity. However, in that situation, applicable to the period of review.
because no review of the NME entity Jessica Dulkadir, International Trade
This notice is not required by statute
was conducted, the NME entity’s entries Specialist, Trade Missions, U.S.
but is published as a service to the
were not subject to the review and the Department of Commerce, Washington,
international trading community.
rate for the NME entity is not subject to DC 20230, Tel: 202–482–2026, Fax:
Dated: September 28, 2015. 202–482–9000, jessica.dulkadir@
change as a result of that review
James Maeder, trade.gov.
(although the rate for the individual
exporter may change as a function of the Senior Director, Office I for Antidumping and
Countervailing Duty Operations. Frank Spector,
finding that the exporter is part of the Director (A), Trade Missions.
[FR Doc. 2015–24977 Filed 9–30–15; 8:45 am]
NME entity). [FR Doc. 2015–24938 Filed 9–30–15; 8:45 am]
Following initiation of an BILLING CODE 3510–DS–P
BILLING CODE 3510–FP–P
antidumping administrative review
when there is no review requested of the
NME entity, the Department will DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
instruct CBP to liquidate entries for all International Trade Administration
exporters not named in the initiation International Trade Administration
notice, including those that were Smart Cities Infrastructure Business
suspended at the NME entity rate. Development Mission to India Antidumping or Countervailing Duty
All requests must be filed Order, Finding, or Suspended
electronically in Enforcement and February 8–12, 2016. Investigation; Advance Notification of
Compliance’s Antidumping and AGENCY: International Trade Sunset Reviews
Countervailing Duty Centralized Administration, Department of
Electronic Service System (‘‘ACCESS’’) Commerce. AGENCY: Enforcement and Compliance,
on Enforcement and Compliance’s ACTION: Notice. International Trade Administration,
ACCESS Web site at http:// Department of Commerce.
access.trade.gov.4 Further, in SUMMARY: The United States Department
accordance with 19 CFR 351.303(f)(l)(i), Background
of Commerce, International Trade
a copy of each request must be served Administration, is amending the Notice Every five years, pursuant to section
on the petitioner and each exporter or published at 80 FR 46243 (August 4, 751(c) of the Tariff Act of 1930, as
producer specified in the request. 2015), regarding the executive-led Smart amended (‘‘the Act’’), the Department of
The Department will publish in the Cities Infrastructure Business Commerce (‘‘the Department’’) and the
Federal Register a notice of ‘‘Initiation Development Mission to India, February International Trade Commission
of Administrative Review of 8–12, 2016, to extend the date of the automatically initiate and conduct a
mstockstill on DSK4VPTVN1PROD with NOTICES6
application deadline from November 10, review to determine whether revocation
3 In accordance with 19 CFR 351.213(b)(1), parties
2015 to the new deadline of November of a countervailing or antidumping duty
should specify that they are requesting a review of
entries from exporters comprising the entity, and to 20, 2015 and to specify that Deputy order or termination of an investigation
the extent possible, include the names of such Secretary Bruce Andrews will be the suspended under section 704 or 734 of
exporters in their request. executive lead. the Act would be likely to lead to
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
SUPPLEMENTARY INFORMATION: continuation or recurrence of dumping
Administrative Protective Order Procedures, 76 FR Amendments to Revise the Dates and or a countervailable subsidy (as the case
39263 (July 6, 2011). Executive Leadership. may be) and of material injury.
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Document Created: 2015-12-15 08:40:23
Document Modified: 2015-12-15 08:40:23
| 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 59135 |
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