81 FR 35301 - 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 106 (June 2, 2016)
International Trade Administration
Federal Register Volume 81, Issue 106 (June 2, 2016)
| Page Range | 35301-35303 | |
| FR Document | 2016-12953 |
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Notices] [Pages 35301-35303] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12953] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (``the Act''), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (``the Department'') conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (``APO'') to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department finds that determinations concerning whether particular companies should be ``collapsed'' (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) 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 June 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 June 2016,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in June 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. [[Page 35302]] ------------------------------------------------------------------------ Period of review ------------------------------------------------------------------------ Antidumping Duty Proceedings ------------------------------------------------------------------------ Japan: Carbon and Alloy Seamless Standard, Line, and 6/1/15-5/31/16 Pressure Pipe, A-588-850 (Over 4\1/2\ Inches)....... Japan: Carbon and Alloy Seamless Standard, Line and 6/1/15-5/31/16 Pressure Pipe, A-588-851 (Under 4\1/2\ Inches)...... Mexico: Prestressed Concrete Steel Rail Tie Wire, A- 6/1/15-5/31/16 201-843............................................. Spain: Chlorinated Isocyanurates, A-469-814.......... 6/1/15-5/31/16 Taiwan: Helical Spring Lock Washers, A-583-820....... 6/1/15-5/31/16 The People's Republic of China: Artist Canvas, A-570- 6/1/15-5/31/16 899................................................. The People's Republic of China: Chlorinated 6/1/15-5/31/16 Isocyanurates, A-570-898............................ The People's Republic of China: Furfuryl Alcohol, A- 6/1/15-5/31/16 570-835............................................. The People's Republic of China: High Pressure Steel 6/1/15-5/31/16 Cylinders, A-570-977................................ The People's Republic of China: Polyester Staple 6/1/15-5/31/16 Fiber, A-570-905.................................... The People's Republic of China: Prestressed Concrete 6/1/15-5/31/16 Steel Rail Tie Wire, A-570-990...................... The People's Republic of China: Prestressed Concrete 6/1/15-5/31/16 Steel Wire Strand, A-570-945........................ The People's Republic of China: Silicon Metal, A-570- 6/1/15-5/31/16 806................................................. The People's Republic of China: Tapered Roller 6/1/15-5/31/16 Bearings, A-570-601................................. ------------------------------------------------------------------------ Countervailing Duty Proceedings ------------------------------------------------------------------------ The People's Republic of China: High Pressure Steel 1/1/15-12/31/15 Cylinders, C-570-978................................ ------------------------------------------------------------------------ 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 [[Page 35303]] 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 June 2016. If the Department does not receive, by the last day of June 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: May 24, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-12953 Filed 6-1-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35301
7226.99.0110, 7226.99.0130, 7226.99.0180, Border Protection (‘‘CBP’’) data for U.S. companies are requested to complete
7228.60.6000, 7228.60.8000, and imports during the period of review. We the Quantity and Value Questionnaire
7229.90.1000. intend to release the CBP data under for purposes of respondent selection, in
The HTSUS subheadings above are
provided for convenience and customs
Administrative Protective Order general each company must report
purposes only. The written description of the (‘‘APO’’) to all parties having an APO volume and value data separately for
scope of the investigation is dispositive. within five days of publication of the itself. Parties should not include data
[FR Doc. 2016–12977 Filed 6–1–16; 8:45 am]
initiation notice and to make our for any other party, even if they believe
decision regarding respondent selection they should be treated as a single entity
BILLING CODE 3510–DS–P
within 21 days of publication of the with that other party. If a company was
initiation Federal Register notice. collapsed with another company or
DEPARTMENT OF COMMERCE Therefore, we encourage all parties companies in the most recently
interested in commenting on respondent completed segment of this proceeding
International Trade Administration selection to submit their APO where the Department considered
applications on the date of publication collapsing that entity, complete quantity
Antidumping or Countervailing Duty of the initiation notice, or as soon and value data for that collapsed entity
Order, Finding, or Suspended thereafter as possible. The Department must be submitted.
Investigation; Opportunity To Request invites comments regarding the CBP
Administrative Review Deadline for Withdrawal of Request for
data and respondent selection within
Administrative Review
AGENCY: Enforcement and Compliance, five days of placement of the CBP data
International Trade Administration, on the record of the review. Pursuant to 19 CFR 351.213(d)(1), a
Department of Commerce. In the event the Department decides party that requests a review may
it is necessary to limit individual withdraw that request within 90 days of
FOR FURTHER INFORMATION CONTACT: examination of respondents and the date of publication of the notice of
Brenda E. Waters, Office of AD/CVD conduct respondent selection under initiation of the requested review. The
Operations, Customs Liaison Unit, section 777A(c)(2) of the Act: regulation provides that the Department
Enforcement and Compliance, In general, the Department finds that may extend this time if it is reasonable
International Trade Administration, determinations concerning whether to do so. In order to provide parties
U.S. Department of Commerce, 14th particular companies should be additional certainty with respect to
Street and Constitution Avenue NW., ‘‘collapsed’’ (i.e., treated as a single when the Department will exercise its
Washington, DC 20230, telephone: (202) entity for purposes of calculating discretion to extend this 90-day
482–4735. antidumping duty rates) require a deadline, interested parties are advised
Background substantial amount of detailed that, with regard to reviews requested
Each year during the anniversary information and analysis, which often on the basis of anniversary months on
month of the publication of an require follow-up questions and or after June 2016, the Department does
antidumping or countervailing duty analysis. Accordingly, the Department not intend to extend the 90-day
order, finding, or suspended will not conduct collapsing analyses at deadline unless the requestor
investigation, an interested party, as the respondent selection phase of this demonstrates that an extraordinary
defined in section 771(9) of the Tariff review and will not collapse companies circumstance prevented it from
Act of 1930, as amended (‘‘the Act’’), at the respondent selection phase unless submitting a timely withdrawal request.
may request, in accordance with 19 CFR there has been a determination to Determinations by the Department to
351.213, that the Department of collapse certain companies in a extend the 90-day deadline will be
Commerce (‘‘the Department’’) conduct previous segment of this antidumping made on a case-by-case basis.
an administrative review of that proceeding (i.e., investigation, The Department is providing this
antidumping or countervailing duty administrative review, new shipper notice on its Web site, as well as in its
order, finding, or suspended review or changed circumstances ‘‘Opportunity to Request Administrative
investigation. review). For any company subject to this Review’’ notices, so that interested
All deadlines for the submission of review, if the Department determined, parties will be aware of the manner in
comments or actions by the Department or continued to treat, that company as which the Department intends to
discussed below refer to the number of collapsed with others, the Department exercise its discretion in the future.
calendar days from the applicable will assume that such companies Opportunity to Request a Review: Not
starting date. continue to operate in the same manner later than the last day of June 2016,1
and will collapse them for respondent interested parties may request
Respondent Selection selection purposes. Otherwise, the administrative review of the following
In the event the Department limits the Department will not collapse companies orders, findings, or suspended
number of respondents for individual for purposes of respondent selection. investigations, with anniversary dates in
examination for administrative reviews Parties are requested to (a) identify June for the following periods:
initiated pursuant to requests made for which companies subject to review
the orders identified below, the previously were collapsed, and (b) 1 Or the next business day, if the deadline falls
Department intends to select provide a citation to the proceeding in on a weekend, federal holiday or any other day
respondents based on U.S. Customs and which they were collapsed. Further, if when the Department is closed.
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![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35303
on the petitioner and each exporter or (‘‘the Act’’). The period of investigation Investigation,’’ in Appendix II of this
producer specified in the request. (‘‘POI’’) is April 1, 2014, through March notice.
The Department will publish in the 31, 2015. The final estimated weighted-
Scope Comments
Federal Register a notice of ‘‘Initiation average dumping margins are listed
of Administrative Review of below in the ‘‘Final Determination’’ In accordance with the Preliminary
Antidumping or Countervailing Duty section of this notice. Scope Determination,4 the Department
Order, Finding, or Suspended DATES: Effective Date: June 2, 2016. set aside a period of time for parties to
Investigation’’ for requests received by FOR FURTHER INFORMATION CONTACT: Elfi
address scope issues in case briefs or
the last day of June 2016. If the Blum or Lingjun Wang, AD/CVD other written comments on scope issues.
Department does not receive, by the last For a summary of the product
Operations, Office VII, Enforcement and
day of June 2016, a request for review coverage comments and rebuttal
Compliance, International Trade
of entries covered by an order, finding, responses submitted on the record of
Administration, U.S. Department of
or suspended investigation listed in this this final determination, and
Commerce, 14th Street and Constitution
notice and for the period identified accompanying discussion and analysis
Avenue NW., Washington, DC 20230;
above, the Department will instruct CBP of all comments timely received, see the
telephone: (202) 482–0197 or (202) 482–
to assess antidumping or countervailing Final Scope Decision Memorandum.5
2316, respectively.
duties on those entries at a rate equal to The Final Scope Decision Memorandum
SUPPLEMENTARY INFORMATION: is incorporated by, and hereby adopted
the cash deposit of (or bond for)
estimated antidumping or Background by, this notice.
countervailing duties required on those The Department published the Analysis of Comments Received
entries at the time of entry, or preliminary determination on January 4, All issues raised in the case and
withdrawal from warehouse, for 2016.1 A summary of the events that rebuttal briefs by parties in this
consumption and to continue to collect occurred since the Department investigation are addressed in the Final
the cash deposit previously ordered. published the Preliminary Issues and Decision Memorandum,
For the first administrative review of Determination, as well as a full which is hereby adopted by this notice.6
any order, there will be no assessment discussion of the issues raised by parties A list of the issues raised is attached to
of antidumping or countervailing duties for this final determination, may be this notice as Appendix I. The Final
on entries of subject merchandise found in the Final Issues and Decision Issues and Decision Memorandum is a
entered, or withdrawn from warehouse, Memorandum.2 public document and is on file
for consumption during the relevant Also, as explained in the electronically via Enforcement and
provisional-measures ‘‘gap’’ period of memorandum from the Acting Assistant Compliance’s Antidumping and
the order, if such a gap period is Secretary for Enforcement and Countervailing Duty Centralized
applicable to the period of review. Compliance, the Department exercised Electronic Service System (‘‘ACCESS’’).
This notice is not required by statute its authority to toll all administrative ACCESS is available to registered users
but is published as a service to the deadlines due to the recent closure of at https://access.trade.gov and it is
international trading community. the Federal Government.3 As a available to all parties in the Central
consequence, all deadlines in this Records Unit, Room B–8024 of the main
Dated: May 24, 2016.
segment of the proceeding have been Department of Commerce building. In
Christian Marsh,
extended by four business days. The addition, a complete version of the Final
Deputy Assistant Secretary for Antidumping revised deadline for the final
and Countervailing Duty Operations. Issues and Decision Memorandum can
determination is now May 24, 2016. be accessed directly at http://
[FR Doc. 2016–12953 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P Scope of the Investigation enforcement.trade.gov/frn/index.html.
The product covered by this The signed and electronic versions of
investigation is corrosion-resistant steel the Final Issues and Decision
DEPARTMENT OF COMMERCE from the Republic of Korea. For a Memorandum are identical in content.
complete description of the scope of this Verification
International Trade Administration investigation, see the ‘‘Scope of the As provided in section 782(i) of the
[A–580–878] Act, in January, February, and April
1 See Certain Corrosion-Resistant Steel Products
From the Republic of Korea: Affirmative 2016, the Department verified the sales
Certain Corrosion-Resistant Steel
Preliminary Determination of Sales at Less Than
Products From the Republic of Korea: Fair Value and Postponement of Final 4 See Memorandum to Gary Taverman, Associate
Final Determination of Sales at Less Determination, 81 FR 78 (January 4, 2016) Deputy Assistant Secretary for Antidumping and
Than Fair Value and Final Affirmative (Preliminary Determination) and accompanying Countervailing Duty Operations, ‘‘Certain
Determination of Critical Preliminary Decision Memorandum. Corrosion-Resistant Steel Products From the
2 See Memorandum from Christian Marsh, Deputy People’s Republic of China, India, Italy, the
Circumstances Republic of Korea, and Taiwan: Scope Comments
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Decision Memorandum for the Preliminary
AGENCY: Enforcement and Compliance, Determinations,’’ dated December 21, 2015
Assistant Secretary for Enforcement and
International Trade Administration, Compliance, ‘‘Issues and Decision Memorandum for (‘‘Preliminary Scope Decision Memorandum’’). See
Department of Commerce. the Final Affirmative Determination in the also Memorandum to the File, ‘‘Certain Corrosion-
SUMMARY: The Department of Commerce Antidumping Duty Investigation of Certain Resistant Steel Products From the People’s Republic
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Corrosion-Resistant Steel Products from the of China, India, Italy, the Republic of Korea, and
(‘‘the Department’’) determines that Taiwan: Correction to Preliminary Determination
People’s Republic of China,’’ (Final Issues and
certain corrosion-resistant steel Decision Memorandum), dated concurrently with Scope Memorandum,’’ dated January 29, 2016.
products (‘‘corrosion-resistant steel’’) this determination and hereby adopted by this 5 See Memorandum to Christian Marsh, Deputy
from the Republic of Korea (Korea) are notice. Assistant Secretary for Antidumping and
being, or are likely to be, sold in the 3 See Memorandum to the File from Ron Countervailing Duty Operations, ‘‘Scope Comments
Lorentzen, Acting A/S for Enforcement & Decision Memorandum for the Final
United States at less than fair value Compliance, ‘‘Tolling of Administrative Deadlines Determinations,’’ dated concurrently with this
(‘‘LTFV’’), as provided in section 735(a) As a Result of the Government Closure During notice.
of the Tariff Act of 1930, as amended Snowstorm Jonas’’ dated January 27, 2016. 6 See Final Issues and Decision Memorandum.
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Document Created: 2016-06-02 01:22:57
Document Modified: 2016-06-02 01:22:57
| 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 35301 |
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