81 FR 10580 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 40 (March 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 40 (March 1, 2016)
| Page Range | 10580-10582 | |
| FR Document | 2016-04518 |
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)] [Notices] [Pages 10580-10582] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04518] ----------------------------------------------------------------------- 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. [[Page 10581]] 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 March 2016, 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 March 2016,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March 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: CANADA: Iron Construction Castings A-122-503.... 3/1/15-2/29/16 FRANCE: Brass Sheet & Strip A-427-602........... 3/1/15-2/29/16 GERMANY: Brass Sheet & Strip A-428-602.......... 3/1/15-2/29/16 INDIA: Sulfanilic Acid A-533-806................ 3/1/15-2/29/16 ITALY: Brass Sheet & Strip A-475-601............ 3/1/15-2/29/16 RUSSIA: Silicon Metal A-821-817................. 3/1/15-2/29/16 SPAIN: Stainless Steel Bar A-469-805............ 3/1/15-2/29/16 TAIWAN: Light-Walled Rectangular Welded Carbon 3/1/15-2/29/16 Steel Pipe and Tube A-583-803.................. THAILAND: Circular Welded Carbon Steel Pipes and 3/1/15-2/29/16 Tubes A-549-502................................ THE PEOPLE'S REPUBLIC OF CHINA: Chloropicrin A-570-002.......................... 3/1/15-2/29/16 Circular Welded Austenitic Stainless Pressure 3/1/15-2/29/16 Pipe A-570-930................................. Glycine A-570-836............................... 3/1/15-2/29/16 Sodium Hexametaphosphate A-570-908.............. 3/1/15-2/29/16 Tissue Paper Products A-570-894................. 3/1/15-2/29/16 Countervailing Duty Proceedings: INDIA: Sulfanilic Acid C-533-807................ 1/1/15-12/31/15 IRAN: In-Shell Pistachio Nuts C-507-501......... 1/1/15-12/31/15 THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 1/1/15-12/31/15 Austenitic Stainless Pressure Pipe C-570-931... TURKEY: Circular Welded Carbon Steel Pipes and 1/1/15-12/31/15 Tubes C-489-502................................ Suspension Agreements: [[Page 10582]] MEXICO: Fresh Tomatoes A-201-820................ 3/1/15-2/29/16 ------------------------------------------------------------------------ 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 March 2016. If the Department does not receive, by the last day of March 2016, 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: February 22, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-04518 Filed 2-29-16; 8:45 am] BILLING CODE 3510-DS-P
![10580 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices
Department will automatically revoke http://www.trade.gov/ the members of the U.S. Manufacturing
the order without further review.6 manufacturingcouncil, at least one week Council.
If we receive an order-specific notice in advance of the meeting. In addition, any member of the public
of intent to participate from a domestic DATES: Wednesday, March 16, 12:00 may submit pertinent written comments
interested party, the Department’s p.m.–1:00 p.m. Requests from members concerning the Council’s affairs at any
regulations provide that all parties of the public to register, including time before or after the meeting.
wishing to participate in a Sunset requests to make comments during the Comments may be submitted to Archana
Review must file complete substantive meeting and for auxiliary aids, or for Sahgal at the contact information
responses not later than 30 days after submission of written comments for indicated above. To be considered
the date of publication in the Federal dissemination prior to the meeting, during the meeting, comments must be
Register of this notice of initiation. The must be received by 5 p.m. EST on received no later than 5:00 p.m. EST on
required contents of a substantive March 11, 2016. March 11, 2016, to ensure transmission
response, on an order-specific basis, are ADDRESSES: The meeting will be held by to the Council prior to the meeting.
set forth at 19 CFR 351.218(d)(3). Note conference call. The call-in number and Comments received after that date and
that certain information requirements passcode will be provided by email to time will be distributed to the members
differ for respondent and domestic registrants. Requests to register but may not be considered on the call.
parties. Also, note that the Department’s (including to speak or for auxiliary aids) Copies of Council meeting minutes will
information requirements are distinct and any written comments should be be available within 90 days of the
from the Commission’s information submitted to: U.S. Manufacturing meeting.
requirements. Consult the Department’s Council, U.S. Department of Commerce, Dated: February 24, 2016.
regulations for information regarding Room 4043, 1401 Constitution Avenue Archana Sahgal,
the Department’s conduct of Sunset NW., Washington, DC 20230; email: Executive Secretary, U.S. Manufacturing
Reviews. Consult the Department’s archana.sahgal@trade.gov. Members of Council.
regulations at 19 CFR part 351 for the public are encouraged to submit [FR Doc. 2016–04461 Filed 2–29–16; 8:45 am]
definitions of terms and for other registration requests and written BILLING CODE 3510–DR–P
general information concerning comments via email to ensure timely
antidumping and countervailing duty receipt.
proceedings at the Department. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE
This notice of initiation is being Archana Sahgal, U.S. Manufacturing
published in accordance with section Council, Room 4043, 1401 Constitution International Trade Administration
751(c) of the Act and 19 CFR 351.218(c). Avenue NW., Washington, DC 20230,
Dated: February 25, 2016. telephone: 202–482–4501, email: Antidumping or Countervailing Duty
James P. Maeder, archana.sahgal@trade.gov. Order, Finding, or Suspended
Investigation; Opportunity To Request
Senior Director, Office I for Antidumping and SUPPLEMENTARY INFORMATION:
Administrative Review
Countervailing Duty Operations. Background: The Council advises the
[FR Doc. 2016–04464 Filed 2–29–16; 8:45 am] Secretary of Commerce on matters AGENCY: Enforcement and Compliance,
BILLING CODE 3510–DS–P relating to the U.S. manufacturing International Trade Administration,
industry. Department of Commerce.
Public Participation: The meeting will FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE be open to the public and will be Brenda E. Waters, Office of AD/CVD
accessible to people with disabilities. Operations, Customs Liaison Unit,
International Trade Administration All guests are required to register in Enforcement and Compliance,
advance by the deadline identified International Trade Administration,
Meeting of the United States under the DATES caption. Requests for
Manufacturing Council U.S. Department of Commerce, 14th
auxiliary aids must be submitted by the Street and Constitution Avenue NW.,
AGENCY: International Trade registration deadline. Last minute Washington, DC 20230, telephone: (202)
Administration, U.S. Department of requests will be accepted, but may be 482–4735.
Commerce. impossible to fill. There will be fifteen
(15) minutes allotted for oral comments Background
ACTION: Notice of an open meeting.
from members of the public joining the Each year during the anniversary
SUMMARY: The United States call. To accommodate as many speakers month of the publication of an
Manufacturing Council (Council) will as possible, the time for public antidumping or countervailing duty
hold an open meeting via teleconference comments may be limited to three (3) order, finding, or suspended
on Wednesday, March 16, 2016. The minutes per person. Individuals wishing investigation, an interested party, as
Council was established in April 2004 to reserve speaking time during the defined in section 771(9) of the Tariff
to advise the Secretary of Commerce on meeting must submit a request at the Act of 1930, as amended (‘‘the Act’’),
matters relating to the U.S. time of registration, as well as the name may request, in accordance with 19 CFR
manufacturing industry. The purpose of and address of the proposed speaker. If 351.213, that the Department of
the meeting is for Council members to the number of registrants requesting to Commerce (‘‘the Department’’) conduct
review and deliberate on a make statements is greater than can be an administrative review of that
asabaliauskas on DSK5VPTVN1PROD with NOTICES
recommendation by the Workforce reasonably accommodated during the antidumping or countervailing duty
Development Subcommittee focused on meeting, the International Trade order, finding, or suspended
improving the perception of the Administration may conduct a lottery to investigation.
manufacturing sector. The final agenda determine the speakers. Speakers are All deadlines for the submission of
will be posted on the Department of requested to submit a written copy of comments or actions by the Department
Commerce Web site for the Council at their prepared remarks by 5:00 p.m. on discussed below refer to the number of
March 11, 2016, for inclusion in the calendar days from the applicable
6 See 19 CFR 351.218(d)(1)(iii). meeting records and for circulation to starting date.
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Period of review
MEXICO: Fresh Tomatoes A–201–820 ............................................................................................................................... 3/1/15–2/29/16
In accordance with 19 CFR merchandise subject to antidumping access.trade.gov.4 Further, in
351.213(b), an interested party as findings and orders.2 accordance with 19 CFR 351.303(f)(l)(i),
defined by section 771(9) of the Act may Further, as explained in Antidumping a copy of each request must be served
request in writing that the Secretary Proceedings: Announcement of Change on the petitioner and each exporter or
conduct an administrative review. For in Department Practice for Respondent producer specified in the request.
both antidumping and countervailing Selection in Antidumping Duty
The Department will publish in the
duty reviews, the interested party must Proceedings and Conditional Review of
Federal Register a notice of ‘‘Initiation
specify the individual producers or the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR of Administrative Review of
exporters covered by an antidumping
65963 (November 4, 2013), the Antidumping or Countervailing Duty
finding or an antidumping or
Department clarified its practice with Order, Finding, or Suspended
countervailing duty order or suspension
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 March 2016. 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 March 2016, 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
issue a final decision indicating that the For the first administrative review of
Note that, for any party the any order, there will be no assessment
company in question is part of the NME
Department was unable to locate in of antidumping or countervailing duties
entity. However, in that situation,
prior segments, the Department will not on entries of subject merchandise
because no review of the NME entity
accept a request for an administrative entered, or withdrawn from warehouse,
was conducted, the NME entity’s entries
review of that party absent new for consumption during the relevant
were not subject to the review and the
information as to the party’s location. provisional-measures ‘‘gap’’ period of
rate for the NME entity is not subject to
Moreover, if the interested party who
change as a result of that review the order, if such a gap period is
files a request for review is unable to
(although the rate for the individual applicable to the period of review.
locate the producer or exporter for
exporter may change as a function of the This notice is not required by statute
which it requested the review, the
finding that the exporter is part of the but is published as a service to the
interested party must provide an
NME entity). international trading community.
explanation of the attempts it made to
Following initiation of an
locate the producer or exporter at the Dated: February 22, 2016.
antidumping administrative review
same time it files its request for review,
when there is no review requested of the Christian Marsh,
in order for the Secretary to determine
NME entity, the Department will Deputy Assistant Secretary for Antidumping
if the interested party’s attempts were
instruct CBP to liquidate entries for all and Countervailing Duty Operations.
reasonable, pursuant to 19 CFR
exporters not named in the initiation [FR Doc. 2016–04518 Filed 2–29–16; 8:45 am]
351.303(f)(3)(ii).
notice, including those that were BILLING CODE 3510–DS–P
As explained in Antidumping and suspended at the NME entity rate.
Countervailing Duty Proceedings: All requests must be filed
Assessment of Antidumping Duties, 68 electronically in Enforcement and
FR 23954 (May 6, 2003), and Non- Compliance’s Antidumping and
Market Economy Antidumping Countervailing Duty Centralized
Proceedings: Assessment of Electronic Service System (‘‘ACCESS’’)
Antidumping Duties, 76 FR 65694 on Enforcement and Compliance’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(October 24, 2011) the Department ACCESS Web site at http://
clarified its practice with respect to the
collection of final antidumping duties 2 See also the Enforcement and Compliance Web
on imports of merchandise where site at http://trade.gov/enforcement/.
intermediate firms are involved. The 3 In accordance with 19 CFR 351.213(b)(1), parties
4 See Antidumping and Countervailing Duty
public should be aware of this should specify that they are requesting a review of
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: 2018-02-02 14:59:40
Document Modified: 2018-02-02 14:59:40
| 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 | 81 FR 10580 |
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