81_FR_26290 81 FR 26206 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

81 FR 26206 - 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 84 (May 2, 2016)

Page Range26206-26209
FR Document2016-10243

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26206-26209]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10243]


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

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.

SUPPLEMENTARY INFORMATION:

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

[[Page 26207]]

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 May 
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 May 
2016,\1\ interested parties may request administrative review of the 
following orders, findings, or suspended investigations, with 
anniversary dates in May 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
 
Belgium: Stainless Steel Plate in Coils, A-423-           5/1/15-4/30/16
 808...........................................
Brazil: Iron Construction Castings, A-351-503..           5/1/15-4/30/16
Canada: Citric Acid and Citrate Salt, A-122-853           5/1/15-4/30/16
India:
    Certain Welded Carbon Steel Standard Pipes            5/1/15-4/30/16
     and Tubes, A-533-502......................
    Silicomanganese, A-533-823.................           5/1/15-4/30/16
Indonesia: Polyethylene Retail Carrier Bags, A-           5/1/15-4/30/16
 560-822.......................................
Japan:
    Diffusion-Annealed Nickel-Plated Flat-                5/1/15-4/30/16
     Rolled Steel Products, A-588-869..........
    Gray Portland Cement and Cement Clinker, A-
     588-815...................................
Kazakhstan: Silicomanganese, A-834-807.........           5/1/15-4/30/16
Republic of Korea: Polyester Staple Fiber, A-             5/1/15-4/30/16
 580-839.......................................
Socialist Republic of Vietnam: Polyethylene               5/1/15-4/30/16
 Retail Carrier Bags, A-552-806................
South Africa: Stainless Steel Plate in Coils, A-          5/1/15-4/30/16
 791-805.......................................
Taiwan:
    Certain Circular Welded Carbon Steel Pipes            5/1/15-4/30/16
     and Tubes, A-583-008......................
    Polyester Staple Fiber, A-583-833..........           5/1/15-4/30/16
    Polyethylene Retail Carrier Bags, A-583-843           5/1/15-4/30/16
    Stainless Steel Plate in Coils, A-583-830..           5/1/15-4/30/16
    Stilbenic Optical Brightening Agents, A-583-          5/1/15-4/30/16
     848.......................................
The People's Republic of China:
    Aluminum Extrusions, A-570-967.............           5/1/15-4/30/16
    Circular Welded Carbon Quality Steel Line             5/1/15-4/30/16
     Pipe, A-570-935...........................
    Citric Acid and Citrate Salt, A-570-937....           5/1/15-4/30/16
    Iron Construction Castings, A-570-502......           5/1/15-4/30/16
    Oil Country Tubular Goods, A-570-943.......           5/1/15-4/30/16
    Pure Magnesium, A-570-832..................           5/1/15-4/30/16
    Stilbenic Optical Brightening Agents, A-570-          5/1/15-4/30/16
     972.......................................
Turkey:
    Circular Welded Carbon Steel Pipes and                5/1/15-4/30/16
     Tubes, A-489-501..........................
    Light-Walled Rectangular Pipe and Tube, A-            5/1/15-4/30/16
     489-815...................................

[[Page 26208]]

 
United Arab Emirates: Steel Nails, A-520-804...           5/1/15-4/30/16
Venezuela: Silicomanganese, A-307-820..........           5/1/15-4/30/16
        Countervailing Duty Proceedings
 
Brazil: Iron Construction Castings, C-351-504..         1/1/15--12/31/15
Socialist Republic of Vietnam: Polyethylene             1/1/15--12/31/15
 Retail Carrier Bags, C-552-805................
South Africa: Stainless Steel Plate in Coils, C-        1/1/15--12/31/15
 791-806.......................................
The People's Republic of China:
    Aluminum Extrusions, C-570-968.............         1/1/15--12/31/15
    Citric Acid and Citrate Salt, C-570-938....         1/1/15--12/31/15
------------------------------------------------------------------------

Suspension Agreements

    None.
    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. If the interested party intends for the 
Secretary to review sales of merchandise by an exporter (or a producer 
if that producer also exports merchandise from other suppliers) which 
was produced in more than one country of origin and each country of 
origin is subject to a separate order, then the interested party must 
state specifically, on an order-by-order basis, which exporter(s) the 
request is intended to cover.
    Note that, for any party the Department was unable to locate in 
prior segments, the Department will not accept a request for an 
administrative review of that party absent new information as to the 
party's location. Moreover, if the interested party who files a request 
for review is unable to locate the producer or exporter for which it 
requested the review, the interested party must provide an explanation 
of the attempts it made to locate the producer or exporter at the same 
time it files its request for review, in order for the Secretary to 
determine if the interested party's attempts were reasonable, pursuant 
to 19 CFR 351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011) the Department clarified its 
practice with respect to the collection of final antidumping duties on 
imports of merchandise where intermediate firms are involved. The 
public should be aware of this clarification in determining whether to 
request an administrative review of merchandise subject to antidumping 
findings and orders.\2\
---------------------------------------------------------------------------

    \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.
---------------------------------------------------------------------------

    Further, as explained in Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in Antidumping 
Duty Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), 
the Department clarified its practice with regard to the conditional 
review of the non-market economy (NME) entity in administrative reviews 
of antidumping duty orders. The Department will no longer consider the 
NME entity as an exporter conditionally subject to administrative 
reviews. Accordingly, the NME entity will not be under review unless 
the Department specifically receives a request for, or self-initiates, 
a review of the NME entity.\3\ In administrative reviews of antidumping 
duty orders on merchandise from NME countries where a review of the NME 
entity has not been initiated, but where an individual exporter for 
which a review was initiated does not qualify for a separate rate, the 
Department will issue a final decision indicating that the company in 
question is part of the NME entity. However, in that situation, because 
no review of the NME entity was conducted, the NME entity's entries 
were not subject to the review and the rate for the NME entity is not 
subject to change as a result of that review (although the rate for the 
individual exporter may change as a function of the finding that the 
exporter is part of the NME entity).
---------------------------------------------------------------------------

    \3\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

    Following initiation of an antidumping administrative review when 
there is no review requested of the NME entity, the Department will 
instruct CBP to liquidate entries for all exporters not named in the 
initiation notice, including those that were suspended at the NME 
entity rate.
    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web 
site at http://access.trade.gov.\4\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request.
---------------------------------------------------------------------------

    \4\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    The Department will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of May 2016. If the Department does not receive, by the 
last day of May 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

[[Page 26209]]

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: April 26, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-10243 Filed 4-29-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                26206                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                rule identifies five categories of factual              for submissions in antidumping and                    DEPARTMENT OF COMMERCE
                                                information in 19 CFR 351.102(b)(21),                   countervailing duty proceedings: Final
                                                which are summarized as follows: (i)                    Rule, 78 FR 57790 (September 20, 2013).               International Trade Administration
                                                Evidence submitted in response to                       The modification clarifies that parties
                                                questionnaires; (ii) evidence submitted                 may request an extension of time limits               Antidumping or Countervailing Duty
                                                in support of allegations; (iii) publicly               before a time limit established under                 Order, Finding, or Suspended
                                                available information to value factors                  part 351 expires, or as otherwise                     Investigation; Opportunity To Request
                                                under 19 CFR 351.408(c) or to measure                   specified by the Secretary. In general, an            Administrative Review
                                                the adequacy of remuneration under 19                   extension request will be considered                  AGENCY:  Enforcement and Compliance,
                                                CFR 351.511(a)(2); (iv) evidence placed                 untimely if it is filed after the time limit          International Trade Administration,
                                                on the record by the Department; and (v)                established under part 351 expires. For               Department of Commerce.
                                                evidence other than factual information                 submissions which are due from                        FOR FURTHER INFORMATION CONTACT:
                                                described in (i)–(iv). The final rule                   multiple parties simultaneously, an                   Brenda E. Waters, Office of AD/CVD
                                                requires any party, when submitting                     extension request will be considered                  Operations, Customs Liaison Unit,
                                                factual information, to specify under                   untimely if it is filed after 10:00 a.m. on           Enforcement and Compliance,
                                                which subsection of 19 CFR                              the due date. Examples include, but are
                                                351.102(b)(21) the information is being                                                                       International Trade Administration,
                                                                                                        not limited to: (1) Case and rebuttal                 U.S. Department of Commerce, 14th
                                                submitted and, if the information is
                                                                                                        briefs, filed pursuant to 19 CFR 351.309;             Street and Constitution Avenue NW.,
                                                submitted to rebut, clarify, or correct
                                                                                                        (2) factual information to value factors              Washington, DC 20230, telephone: (202)
                                                factual information already on the
                                                                                                        under 19 CFR 351.408(c), or to measure                482–4735.
                                                record, to provide an explanation
                                                identifying the information already on                  the adequacy of remuneration under 19                 SUPPLEMENTARY INFORMATION:
                                                the record that the factual information                 CFR 351.511(a)(2), filed pursuant to 19
                                                                                                        CFR 351.301(c)(3) and rebuttal,                       Background
                                                seeks to rebut, clarify, or correct. The
                                                final rule also modified 19 CFR 351.301                 clarification and correction filed                      Each year during the anniversary
                                                so that, rather than providing general                  pursuant to 19 CFR 351.301(c)(3)(iv); (3)             month of the publication of an
                                                time limits, there are specific time limits             comments concerning the selection of a                antidumping or countervailing duty
                                                based on the type of factual information                surrogate country and surrogate values                order, finding, or suspended
                                                being submitted. These modifications                    and rebuttal; (4) comments concerning                 investigation, an interested party, as
                                                are effective for all segments initiated on             U.S. Customs and Border Protection                    defined in section 771(9) of the Tariff
                                                or after May 10, 2013. Please review the                data; and (5) quantity and value                      Act of 1930, as amended (‘‘the Act’’),
                                                final rule, available at http://                        questionnaires. Under certain                         may request, in accordance with 19 CFR
                                                enforcement.trade.gov/frn/2013/                         circumstances, the Department may                     351.213, that the Department of
                                                1304frn/2013-08227.txt, prior to                        elect to specify a different time limit by            Commerce (‘‘the Department’’) conduct
                                                submitting factual information in this                  which extension requests will be                      an administrative review of that
                                                segment.                                                considered untimely for submissions                   antidumping or countervailing duty
                                                   Any party submitting factual                         which are due from multiple parties                   order, finding, or suspended
                                                information in an antidumping duty or                   simultaneously. In such a case, the                   investigation.
                                                countervailing duty proceeding must                     Department will inform parties in the                   All deadlines for the submission of
                                                certify to the accuracy and completeness                letter or memorandum setting forth the                comments or actions by the Department
                                                of that information.4 Parties are hereby                deadline (including a specified time) by              discussed below refer to the number of
                                                reminded that revised certification                     which extension requests must be filed                calendar days from the applicable
                                                requirements are in effect for company/                 to be considered timely. This                         starting date.
                                                government officials as well as their                   modification also requires that an                    Respondent Selection
                                                representatives. All segments of any                    extension request must be made in a                      In the event the Department limits the
                                                antidumping duty or countervailing                      separate, stand-alone submission, and                 number of respondents for individual
                                                duty proceedings initiated on or after                  clarifies the circumstances under which               examination for administrative reviews
                                                August 16, 2013, should use the formats                 the Department will grant untimely-                   initiated pursuant to requests made for
                                                for the revised certifications provided at              filed requests for the extension of time              the orders identified below, the
                                                the end of the Final Rule.5 The                         limits. These modifications are effective             Department intends to select
                                                Department intends to reject factual                    for all segments initiated on or after                respondents based on U.S. Customs and
                                                submissions in any proceeding                           October 21, 2013. Please review the                   Border Protection (‘‘CBP’’) data for U.S.
                                                segments if the submitting party does                   final rule, available at http://                      imports during the period of review. We
                                                not comply with applicable revised                      www.gpo.gov/fdsys/pkg/FR-2013-09-20/                  intend to release the CBP data under
                                                certification requirements.                             html/2013-22853.htm, prior to                         Administrative Protective Order
                                                Revised Extension of Time Limits                        submitting factual information in these               (‘‘APO’’) to all parties having an APO
                                                Regulation                                              segments.                                             within five days of publication of the
                                                  On September 20, 2013, the                               These initiations and this notice are              initiation notice and to make our
                                                Department modified its regulation                      in accordance with section 751(a) of the              decision regarding respondent selection
                                                concerning the extension of time limits                 Act (19 U.S.C. 1675(a)) and 19 CFR                    within 21 days of publication of the
                                                                                                        351.221(c)(1)(i).                                     initiation Federal Register notice.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                  4 See  section 782(b) of the Act.                                                                           Therefore, we encourage all parties
                                                                                                          Dated: April 26, 2016.
                                                  5 See  Certification of Factual Information To                                                              interested in commenting on respondent
                                                Import Administration During Antidumping and
                                                                                                        Christian Marsh,                                      selection to submit their APO
                                                Countervailing Duty Proceedings, 78 FR 42678 (July      Deputy Assistant Secretary, for Antidumping           applications on the date of publication
                                                17, 2013) (‘‘Final Rule’’); see also the frequently     and Countervailing Duty Operations.
                                                asked questions regarding the Final Rule, available
                                                                                                                                                              of the initiation notice, or as soon
                                                                                                        [FR Doc. 2016–10244 Filed 4–29–16; 8:45 am]           thereafter as possible. The Department
                                                at http://enforcement.trade.gov/tlei/notices/factual_
                                                info_final_rule_FAQ_07172013.pdf.                       BILLING CODE 3510–DS–P                                invites comments regarding the CBP


                                           VerDate Sep<11>2014   20:30 Apr 29, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                                                         Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                                         26207

                                                data and respondent selection within                                 continue to operate in the same manner                               initiation of the requested review. The
                                                five days of placement of the CBP data                               and will collapse them for respondent                                regulation provides that the Department
                                                on the record of the review.                                         selection purposes. Otherwise, the                                   may extend this time if it is reasonable
                                                   In the event the Department decides                               Department will not collapse companies                               to do so. In order to provide parties
                                                it is necessary to limit individual                                  for purposes of respondent selection.                                additional certainty with respect to
                                                examination of respondents and                                       Parties are requested to (a) identify                                when the Department will exercise its
                                                conduct respondent selection under                                   which companies subject to review                                    discretion to extend this 90-day
                                                section 777A(c)(2) of the Act:                                       previously were collapsed, and (b)                                   deadline, interested parties are advised
                                                   In general, the Department finds that                             provide a citation to the proceeding in                              that, with regard to reviews requested
                                                determinations concerning whether                                    which they were collapsed. Further, if                               on the basis of anniversary months on
                                                particular companies should be                                       companies are requested to complete                                  or after May 2016, the Department does
                                                ‘‘collapsed’’ (i.e., treated as a single                             the Quantity and Value Questionnaire                                 not intend to extend the 90-day
                                                entity for purposes of calculating                                   for purposes of respondent selection, in                             deadline unless the requestor
                                                antidumping duty rates) require a                                    general each company must report                                     demonstrates that an extraordinary
                                                substantial amount of detailed                                       volume and value data separately for                                 circumstance prevented it from
                                                information and analysis, which often                                itself. Parties should not include data                              submitting a timely withdrawal request.
                                                require follow-up questions and                                      for any other party, even if they believe                            Determinations by the Department to
                                                analysis. Accordingly, the Department                                they should be treated as a single entity                            extend the 90-day deadline will be
                                                will not conduct collapsing analyses at                              with that other party. If a company was                              made on a case-by-case basis.
                                                the respondent selection phase of this                               collapsed with another company or                                       The Department is providing this
                                                review and will not collapse companies                               companies in the most recently                                       notice on its Web site, as well as in its
                                                at the respondent selection phase unless                             completed segment of this proceeding                                 ‘‘Opportunity to Request Administrative
                                                there has been a determination to                                    where the Department considered                                      Review’’ notices, so that interested
                                                collapse certain companies in a                                      collapsing that entity, complete quantity                            parties will be aware of the manner in
                                                previous segment of this antidumping                                 and value data for that collapsed entity                             which the Department intends to
                                                proceeding (i.e., investigation,                                     must be submitted.                                                   exercise its discretion in the future.
                                                administrative review, new shipper                                                                                                           Opportunity to Request a Review: Not
                                                                                                                     Deadline for Withdrawal of Request for
                                                review or changed circumstances                                                                                                           later than the last day of May 2016,1
                                                                                                                     Administrative Review
                                                review). For any company subject to this                                                                                                  interested parties may request
                                                review, if the Department determined,                                  Pursuant to 19 CFR 351.213(d)(1), a                                administrative review of the following
                                                or continued to treat, that company as                               party that requests a review may                                     orders, findings, or suspended
                                                collapsed with others, the Department                                withdraw that request within 90 days of                              investigations, with anniversary dates in
                                                will assume that such companies                                      the date of publication of the notice of                             May for the following periods:

                                                                                                                                                                                                                         Period of review

                                                                                            Antidumping Duty Proceedings
                                                Belgium: Stainless Steel Plate in Coils, A–423–808 ...........................................................................................................                5/1/15–4/30/16
                                                Brazil: Iron Construction Castings, A–351–503 ..................................................................................................................              5/1/15–4/30/16
                                                Canada: Citric Acid and Citrate Salt, A–122–853 ...............................................................................................................               5/1/15–4/30/16
                                                India:
                                                     Certain Welded Carbon Steel Standard Pipes and Tubes, A–533–502 .....................................................................                                    5/1/15–4/30/16
                                                     Silicomanganese, A–533–823 ......................................................................................................................................        5/1/15–4/30/16
                                                Indonesia: Polyethylene Retail Carrier Bags, A–560–822 ..................................................................................................                     5/1/15–4/30/16
                                                Japan:
                                                     Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products, A–588–869 .................................................................                                 5/1/15–4/30/16
                                                     Gray Portland Cement and Cement Clinker, A–588–815.
                                                Kazakhstan: Silicomanganese, A–834–807 ........................................................................................................................               5/1/15–4/30/16
                                                Republic of Korea: Polyester Staple Fiber, A–580–839 .....................................................................................................                    5/1/15–4/30/16
                                                Socialist Republic of Vietnam: Polyethylene Retail Carrier Bags, A–552–806 ..................................................................                                 5/1/15–4/30/16
                                                South Africa: Stainless Steel Plate in Coils, A–791–805 ....................................................................................................                  5/1/15–4/30/16
                                                Taiwan:
                                                     Certain Circular Welded Carbon Steel Pipes and Tubes, A–583–008 ........................................................................                                 5/1/15–4/30/16
                                                     Polyester Staple Fiber, A–583–833 .............................................................................................................................          5/1/15–4/30/16
                                                     Polyethylene Retail Carrier Bags, A–583–843 .............................................................................................................                5/1/15–4/30/16
                                                     Stainless Steel Plate in Coils, A–583–830 ...................................................................................................................            5/1/15–4/30/16
                                                     Stilbenic Optical Brightening Agents, A–583–848 .......................................................................................................                  5/1/15–4/30/16
                                                The People’s Republic of China:
                                                     Aluminum Extrusions, A–570–967 ...............................................................................................................................           5/1/15–4/30/16
                                                     Circular Welded Carbon Quality Steel Line Pipe, A–570–935 ....................................................................................                           5/1/15–4/30/16
                                                     Citric Acid and Citrate Salt, A–570–937 ......................................................................................................................           5/1/15–4/30/16
                                                     Iron Construction Castings, A–570–502 ......................................................................................................................             5/1/15–4/30/16
                                                     Oil Country Tubular Goods, A–570–943 ......................................................................................................................              5/1/15–4/30/16
                                                     Pure Magnesium, A–570–832 ......................................................................................................................................         5/1/15–4/30/16
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                                                     Stilbenic Optical Brightening Agents, A–570–972 .......................................................................................................                  5/1/15–4/30/16
                                                Turkey:
                                                     Circular Welded Carbon Steel Pipes and Tubes, A–489–501 ....................................................................................                             5/1/15–4/30/16
                                                     Light-Walled Rectangular Pipe and Tube, A–489–815 ................................................................................................                       5/1/15–4/30/16



                                                  1 Or the next business day, if the deadline falls

                                                on a weekend, federal holiday or any other day
                                                when the Department is closed.

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                                                26208                                   Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                                                                                                                                                                                     Period of review

                                                United Arab Emirates: Steel Nails, A–520–804 ..................................................................................................................           5/1/15–4/30/16
                                                Venezuela: Silicomanganese, A–307–820 ..........................................................................................................................          5/1/15–4/30/16
                                                                                           Countervailing Duty Proceedings
                                                Brazil: Iron Construction Castings, C–351–504 ..................................................................................................................        1/1/15—12/31/15
                                                Socialist Republic of Vietnam: Polyethylene Retail Carrier Bags, C–552–805 ..................................................................                           1/1/15—12/31/15
                                                South Africa: Stainless Steel Plate in Coils, C–791–806 ....................................................................................................            1/1/15—12/31/15
                                                The People’s Republic of China:
                                                    Aluminum Extrusions, C–570–968 ...............................................................................................................................      1/1/15—12/31/15
                                                    Citric Acid and Citrate Salt, C–570–938 ......................................................................................................................      1/1/15—12/31/15



                                                Suspension Agreements                                              Antidumping Duties, 76 FR 65694                                     finding that the exporter is part of the
                                                   None.                                                           (October 24, 2011) the Department                                   NME entity).
                                                                                                                   clarified its practice with respect to the                             Following initiation of an
                                                   In accordance with 19 CFR
                                                                                                                   collection of final antidumping duties                              antidumping administrative review
                                                351.213(b), an interested party as
                                                                                                                   on imports of merchandise where                                     when there is no review requested of the
                                                defined by section 771(9) of the Act may
                                                                                                                   intermediate firms are involved. The                                NME entity, the Department will
                                                request in writing that the Secretary
                                                                                                                   public should be aware of this                                      instruct CBP to liquidate entries for all
                                                conduct an administrative review. For
                                                                                                                   clarification in determining whether to                             exporters not named in the initiation
                                                both antidumping and countervailing
                                                                                                                   request an administrative review of                                 notice, including those that were
                                                duty reviews, the interested party must
                                                                                                                   merchandise subject to antidumping                                  suspended at the NME entity rate.
                                                specify the individual producers or
                                                                                                                   findings and orders.2                                                  All requests must be filed
                                                exporters covered by an antidumping
                                                                                                                      Further, as explained in Antidumping                             electronically in Enforcement and
                                                finding or an antidumping or
                                                                                                                   Proceedings: Announcement of Change                                 Compliance’s Antidumping and
                                                countervailing duty order or suspension
                                                                                                                   in Department Practice for Respondent                               Countervailing Duty Centralized
                                                agreement for which it is requesting a
                                                                                                                   Selection in Antidumping Duty                                       Electronic Service System (‘‘ACCESS’’)
                                                review. In addition, a domestic
                                                                                                                   Proceedings and Conditional Review of                               on Enforcement and Compliance’s
                                                interested party or an interested party
                                                                                                                   the Nonmarket Economy Entity in NME                                 ACCESS Web site at http://
                                                described in section 771(9)(B) of the Act
                                                                                                                                                                                       access.trade.gov.4 Further, in
                                                must state why it desires the Secretary                            Antidumping Duty Proceedings, 78 FR
                                                to review those particular producers or                                                                                                accordance with 19 CFR 351.303(f)(l)(i),
                                                                                                                   65963 (November 4, 2013), the
                                                exporters. If the interested party intends                                                                                             a copy of each request must be served
                                                                                                                   Department clarified its practice with
                                                for the Secretary to review sales of                                                                                                   on the petitioner and each exporter or
                                                                                                                   regard to the conditional review of the
                                                merchandise by an exporter (or a                                                                                                       producer specified in the request.
                                                                                                                   non-market economy (NME) entity in
                                                producer if that producer also exports                                                                                                    The Department will publish in the
                                                                                                                   administrative reviews of antidumping
                                                merchandise from other suppliers)                                                                                                      Federal Register a notice of ‘‘Initiation
                                                                                                                   duty orders. The Department will no
                                                which was produced in more than one                                                                                                    of Administrative Review of
                                                                                                                   longer consider the NME entity as an
                                                country of origin and each country of                                                                                                  Antidumping or Countervailing Duty
                                                                                                                   exporter conditionally subject to
                                                origin is subject to a separate order, then                                                                                            Order, Finding, or Suspended
                                                                                                                   administrative reviews. Accordingly,
                                                the interested party must state                                                                                                        Investigation’’ for requests received by
                                                                                                                   the NME entity will not be under review
                                                specifically, on an order-by-order basis,                                                                                              the last day of May 2016. If the
                                                                                                                   unless the Department specifically
                                                which exporter(s) the request is                                                                                                       Department does not receive, by the last
                                                                                                                   receives a request for, or self-initiates, a
                                                intended to cover.                                                                                                                     day of May 2016, a request for review
                                                                                                                   review of the NME entity.3 In
                                                                                                                                                                                       of entries covered by an order, finding,
                                                   Note that, for any party the                                    administrative reviews of antidumping
                                                                                                                                                                                       or suspended investigation listed in this
                                                Department was unable to locate in                                 duty orders on merchandise from NME
                                                                                                                                                                                       notice and for the period identified
                                                prior segments, the Department will not                            countries where a review of the NME
                                                                                                                                                                                       above, the Department will instruct CBP
                                                accept a request for an administrative                             entity has not been initiated, but where
                                                                                                                                                                                       to assess antidumping or countervailing
                                                review of that party absent new                                    an individual exporter for which a
                                                                                                                                                                                       duties on those entries at a rate equal to
                                                information as to the party’s location.                            review was initiated does not qualify for
                                                                                                                                                                                       the cash deposit of (or bond for)
                                                Moreover, if the interested party who                              a separate rate, the Department will
                                                                                                                                                                                       estimated antidumping or
                                                files a request for review is unable to                            issue a final decision indicating that the
                                                                                                                                                                                       countervailing duties required on those
                                                locate the producer or exporter for                                company in question is part of the NME
                                                                                                                                                                                       entries at the time of entry, or
                                                which it requested the review, the                                 entity. However, in that situation,
                                                                                                                                                                                       withdrawal from warehouse, for
                                                interested party must provide an                                   because no review of the NME entity
                                                                                                                                                                                       consumption and to continue to collect
                                                explanation of the attempts it made to                             was conducted, the NME entity’s entries
                                                                                                                                                                                       the cash deposit previously ordered.
                                                locate the producer or exporter at the                             were not subject to the review and the
                                                                                                                                                                                          For the first administrative review of
                                                same time it files its request for review,                         rate for the NME entity is not subject to
                                                                                                                                                                                       any order, there will be no assessment
                                                in order for the Secretary to determine                            change as a result of that review
                                                                                                                                                                                       of antidumping or countervailing duties
                                                if the interested party’s attempts were                            (although the rate for the individual
                                                                                                                                                                                       on entries of subject merchandise
                                                reasonable, pursuant to 19 CFR                                     exporter may change as a function of the
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                                                                                                                                                                                       entered, or withdrawn from warehouse,
                                                351.303(f)(3)(ii).
                                                                                                                                                                                       for consumption during the relevant
                                                   As explained in Antidumping and                                    2 See also the Enforcement and Compliance Web
                                                                                                                                                                                       provisional-measures ‘‘gap’’ period of
                                                Countervailing Duty Proceedings:                                   site at http://trade.gov/enforcement/.
                                                                                                                      3 In accordance with 19 CFR 351.213(b)(1), parties
                                                Assessment of Antidumping Duties, 68
                                                                                                                   should specify that they are requesting a review of                   4 See Antidumping and Countervailing Duty
                                                FR 23954 (May 6, 2003), and Non-                                   entries from exporters comprising the entity, and to                Proceedings: Electronic Filing Procedures;
                                                Market Economy Antidumping                                         the extent possible, include the names of such                      Administrative Protective Order Procedures, 76 FR
                                                Proceedings: Assessment of                                         exporters in their request.                                         39263 (July 6, 2011).



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                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                         26209

                                                the order, if such a gap period is                        amended (‘‘the Act’’), the Department of                 Background
                                                applicable to the period of review.                       Commerce (‘‘the Department’’) is
                                                  This notice is not required by statute                  automatically initiating the five-year                     The Department’s procedures for the
                                                but is published as a service to the                      review (‘‘Sunset Review’’) of the                        conduct of Sunset Reviews are set forth
                                                international trading community.                          antidumping and countervailing duty                      in its Procedures for Conducting Five-
                                                                                                          (‘‘AD/CVD’’) order(s) listed below. The                  Year (‘‘Sunset’’) Reviews of
                                                  Dated: April 26, 2016.                                                                                           Antidumping and Countervailing Duty
                                                                                                          International Trade Commission (‘‘the
                                                Christian Marsh,                                          Commission’’) is publishing                              Orders, 63 FR 13516 (March 20, 1998)
                                                Deputy Assistant Secretary for Antidumping                concurrently with this notice its notice                 and 70 FR 62061 (October 28, 2005).
                                                and Countervailing Duty Operations.                       of Institution of Five-Year Review which                 Guidance on methodological or
                                                [FR Doc. 2016–10243 Filed 4–29–16; 8:45 am]               covers the same order(s).                                analytical issues relevant to the
                                                BILLING CODE 3510–DS–P                                    DATES: Effective (May 1, 2016).                          Department’s conduct of Sunset
                                                                                                          FOR FURTHER INFORMATION CONTACT: The                     Reviews is set forth in Antidumping
                                                                                                          Department official identified in the                    Proceedings: Calculation of the
                                                DEPARTMENT OF COMMERCE                                                                                             Weighted-Average Dumping Margin and
                                                                                                          Initiation of Review section below at
                                                                                                          AD/CVD Operations, Enforcement and                       Assessment Rate in Certain
                                                International Trade Administration
                                                                                                          Compliance, International Trade                          Antidumping Duty Proceedings; Final
                                                Initiation of Five-Year (‘‘Sunset’’)                      Administration, U.S. Department of                       Modification, 77 FR 8101 (February 14,
                                                Review                                                    Commerce, 14th Street and Constitution                   2012).
                                                                                                          Avenue NW., Washington, DC 20230.                        Initiation of Review
                                                AGENCY:  Enforcement and Compliance,                      For information from the Commission
                                                International Trade Administration,                       contact Mary Messer, Office of                             In accordance with 19 CFR
                                                Department of Commerce.                                   Investigations, U.S. International Trade                 351.218(c), we are initiating Sunset
                                                SUMMARY: In accordance with section                       Commission at (202) 205–3193.                            Reviews of the following antidumping
                                                751(c) of the Tariff Act of 1930, as                      SUPPLEMENTARY INFORMATION:                               and countervailing duty order(s):

                                                 DOC case No.         ITC case No.             Country                                    Product                                    Department contact

                                                A–821–809 .......    731–TA–808           Russia ...............     Certain Hot-Rolled Carbon Steel Flat Prod-       Jacqueline Arrowsmith (202) 482–5255.
                                                                                                                      ucts (3rd Review).



                                                Filing Information                                        representatives in these segments.3 The                  submitting factual information in these
                                                   As a courtesy, we are making                           formats for the revised certifications are               segments.5
                                                information related to sunset                             provided at the end of the Final Rule.
                                                                                                          The Department intends to reject factual                 Letters of Appearance and
                                                proceedings, including copies of the                                                                               Administrative Protective Orders
                                                pertinent statute and Department’s                        submissions if the submitting party does
                                                regulations, the Department’s schedule                    not comply with the revised                                 Pursuant to 19 CFR 351.103(d), the
                                                for Sunset Reviews, a listing of past                     certification requirements.
                                                                                                            On April 10, 2013, the Department                      Department will maintain and make
                                                revocations and continuations, and                                                                                 available a public service list for these
                                                current service lists, available to the                   modified two regulations related to AD/
                                                                                                          CVD proceedings: The definition of                       proceedings. Parties wishing to
                                                public on the Department’s Web site at                                                                             participate in any of these five-year
                                                the following address: ‘‘http://                          factual information (19 CFR
                                                                                                          351.102(b)(21)), and the time limits for                 reviews must file letters of appearance
                                                enforcement.trade.gov/sunset/.’’ All                                                                               as discussed at 19 CFR 351.103(d)). To
                                                submissions in these Sunset Reviews                       the submission of factual information
                                                                                                          (19 CFR 351.301).4 Parties are advised to                facilitate the timely preparation of the
                                                must be filed in accordance with the
                                                                                                          review the final rule, available at http://              public service list, it is requested that
                                                Department’s regulations regarding
                                                format, translation, and service of                       enforcement.trade.gov/frn/2013/                          those seeking recognition as interested
                                                documents. These rules, including                         1304frn/2013-08227.txt, prior to                         parties to a proceeding submit an entry
                                                electronic filing requirements via                        submitting factual information in these                  of appearance within 10 days of the
                                                Enforcement and Compliance’s                              segments. To the extent that other                       publication of the Notice of Initiation.
                                                Antidumping and Countervailing Duty                       regulations govern the submission of                        Because deadlines in Sunset Reviews
                                                Centralized Electronic Service System                     factual information in a segment (such
                                                                                                                                                                   can be very short, we urge interested
                                                (‘‘ACCESS’’), can be found at 19 CFR                      as 19 CFR 351.218), these time limits
                                                                                                          will continue to be applied. Parties are                 parties who want access to proprietary
                                                351.303.1                                                                                                          information under administrative
                                                   This notice serves as a reminder that                  also advised to review the final rule
                                                                                                          concerning the extension of time limits                  protective order (‘‘APO’’) to file an APO
                                                any party submitting factual information                                                                           application immediately following
                                                in an AD/CVD proceeding must certify                      for submissions in AD/CVD
                                                                                                          proceedings, available at http://                        publication in the Federal Register of
                                                to the accuracy and completeness of that
                                                                                                          enforcement.trade.gov/frn/2013/                          this notice of initiation. The
                                                information.2 Parties are hereby
                                                                                                          1309frn/2013-22853.txt, prior to                         Department’s regulations on submission
                                                reminded that revised certification
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                                                requirements are in effect for company/                                                                            of proprietary information and
                                                government officials as well as their
                                                                                                            3 See Certification of Factual Information To          eligibility to receive access to business
                                                                                                          Import Administration During Antidumping and             proprietary information under APO can
                                                                                                          Countervailing Duty Proceedings, 78 FR 42678 (July
                                                  1 See also Antidumping and Countervailing Duty          17, 2013) (‘‘Final Rule’’) (amending 19 CFR              be found at 19 CFR 351.304–306.
                                                Proceedings: Electronic Filing Procedures;                351.303(g)).
                                                Administrative Protective Order Procedures, 76 FR           4 See Definition of Factual Information and Time
                                                39263 (July 6, 2011).                                     Limits for Submission of Factual Information: Final        5 See Extension of Time Limits, 78 FR 57790
                                                  2 See section 782(b) of the Act.                        Rule, 78 FR 21246 (April 10, 2013).                      (September 20, 2013).



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Document Created: 2016-04-30 13:35:01
Document Modified: 2016-04-30 13:35:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactBrenda 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 Citation81 FR 26206 

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