81_FR_5734 81 FR 5712 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review

81 FR 5712 - 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 22 (February 3, 2016)

Page Range5712-5715
FR Document2016-02007

Federal Register, Volume 81 Issue 22 (Wednesday, February 3, 2016)
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5712-5715]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02007]


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

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

[[Page 5713]]

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 
February 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 
February 2016,\1\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in February for the following periods:
---------------------------------------------------------------------------

    \1\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed.

------------------------------------------------------------------------
                                                        Period of review
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
Brazil:
    Frozen Warmwater Shrimp, A-351-838...............     2/1/15-1/31/16
    Stainless Steel Bar, A-351-825...................     2/1/15-1/31/16
France: Uranium, A-427-818...........................     2/1/15-1/31/16
India:
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/15-1/31/16
     A-533-817.......................................
    Certain Preserved Mushrooms, A-533-813...........     2/1/15-1/31/16
    Frozen Warmwater Shrimp, A-533-840...............     2/1/15-1/31/16
    Stainless Steel Bar, A-533-810...................     2/1/15-1/31/16
Indonesia:
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/15-1/31/16
     A-560-805.......................................
    Certain Preserved Mushrooms, A-560-802...........     2/1/15-1/31/16
Italy: Stainless Steel Butt-Weld Pipe Fittings, A-475-    2/1/15-1/31/16
 828.................................................
Japan:
    Carbon Steel Butt-Weld Pipe Fittings, A-588-602..     2/1/15-1/31/16
    Stainless Steel Bar, A-588-833...................     2/1/15-1/31/16
Malaysia: Stainless Steel Butt-Weld Fittings, A-557-      2/1/15-1/31/16
 809.................................................
Mexico: Large Residential Washers, A-201-842.........     2/1/15-1/31/16

[[Page 5714]]

 
Phillippines: Stainless Steel Butt-Weld Pipe              2/1/15-1/31/16
 Fittings, A-565-801.................................
Republic of Korea:
    Certain Cut-to-Length Carbon-Quality Steel Plate,     2/1/15-1/31/16
     A-580-836.......................................
    Large Residential Washers, A-580-868.............     2/1/15-1/31/16
Socialist Republic of Vietnam:
    Frozen Warmwater Shrimp, A-552-802...............     2/1/15-1/31/16
    Steel Wire Garment Hangers, A-552-812............     2/1/15-1/31/16
    Utility Scale Wind Towers, A-552-814.............     2/1/15-1/31/16
Taiwan: Certain Crystalline Silicon Photovoltaic         7/31/14-1/31/16
 Products, A-583-853.................................
Thailand: Frozen Warmwater Shrimp, A-549-822.........     2/1/15-1/31/16
The People's Republic of China:
    Certain Preserved Mushrooms, A-570-851...........     2/1/15-1/31/16
    Certain Crystalline Silicon Photovoltaic             7/31/14-1/31/16
     Products, A-570-010.............................
    Frozen Warmwater Shrimp, A-570-893...............     2/1/15-1/31/16
    Heavy Forged Hand Tools,, With or Without             2/1/15-1/31/16
     Handles, A-570-803..............................
    Small Diameter Graphite Electrodes, A-570-929....     2/1/15-1/31/16
    Uncovered Innerspring Units, A-570-928...........     2/1/15-1/31/16
    Utility Scale Wind Towers, A-570-981.............     2/1/15-1/31/16
 
           Countervailing Duty Proceedings
 
India:
    Certain Cut-to-Length Carbon-Quality Steel Plate,    1/1/15-12/31/15
     C-533-818.......................................
    Prestressed Concrete Steel Wire Strand, C-533-829    1/1/15-12/31/15
Indonesia: Certain Cut-to-Length Carbon-Quality Steel   1/1/15 -12/31/15
 Plate, C-560-806....................................
Republic of Korea:
    Certain Cut-to-Length Carbon-Quality Steel Plate,    1/1/15-12/31/15
     C-580-837.......................................
    Large Residential Washers, C-580-869.............    1/1/15-12/31/15
Socialist Republic of Vietnam: Steel Wire Garment        1/1/15-12/31/15
 Hangers, C-552-813..................................
The People's Republic of China:
    Certain Crystalline Silicon Photovoltaic           6/10/14 -12/31/15
     Products, C-570-011.............................
    Utility Scale Wind Towers, C-570-982.............    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

[[Page 5715]]

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 February 2016. If the Department does not receive, 
by the last day of February 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: January 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-02007 Filed 2-2-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  5712                         Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices

                                                  interested parties.3 Because the                          United States during the POR specified                    We will instruct CBP to allow, at the
                                                  Department has certain concerns with                      by the Department’s regulations.8                       option of the importer, the posting, until
                                                  the CBP entry data, on January 21, 2016,                                                                          the completion of the review, of a bond
                                                                                                            Period of Review
                                                  we also issued a questionnaire to Anji                                                                            or security in lieu of a cash deposit for
                                                  DaSol in order to seek additional                           Pursuant to 19 CFR                                    certain entries of the subject
                                                  information with respect the data.4 The                   351.214(g)(1)(i)(A), the POR for the new                merchandise from Anji DaSol in
                                                  Department intends to address these,                      shipper review of Anji DaSol is                         accordance with section 751(a)(2)(B)(iii)
                                                  and any remaining issues, after                           December 1, 2014, through November                      of the Act and 19 CFR 351.214(e).
                                                  initiation of this NSR.5 We intend to                     30, 2015.                                               Because Anji DaSol certified that it
                                                  request entry documents from CBP in                                                                               exports and produces the subject
                                                  order to confirm certain information                      Initiation of New Shipper Review                        merchandise that is the subject of this
                                                  reported by Anji DaSol. The                                  Pursuant to section 751(a)(2)(B) of the              new shipper review, we will instruct
                                                  continuation of the new shipper review                    Act, 19 CFR 351.214(b), and based on                    CBP to permit the use of a bond only for
                                                  will be contingent upon confirmation of                   the information on the record, the                      entries of subject merchandise which
                                                  the information reported in the review                    Department finds that Anji DaSol meets                  Anji DaSol exported and produced.
                                                  request.                                                  the threshold requirements for initiation                 Interested parties requiring access to
                                                    Anji DaSol stated that it is the                        of a new shipper review of its shipment                 proprietary information in this new
                                                  producer and exporter of the subject                      of solar cells from the PRC.9 However,                  shipper review should submit
                                                  merchandise upon which its request for                    if the information supplied by Anji                     applications for disclosure under
                                                  a new shipper review is based. Pursuant                   DaSol is later found to be incorrect or                 administrative protective order in
                                                  to section 751(a)(2)(B)(i)(I) of the Act                  insufficient during the course of this                  accordance with 19 CFR 351.305 and
                                                  and 19 CFR 351.214(b)(2)(i), Anji DaSol                   proceeding, the Department may rescind                  351.306.
                                                  certified that it did not export solar cells              the review or apply facts available                       This initiation and notice are
                                                  to the United States during the period                    pursuant to section 776 of the Act,                     published in accordance with section
                                                  of investigation (‘‘POI’’). In addition,                  depending upon the facts on the record.                 751(a)(2)(B) of the Act and 19 CFR
                                                  pursuant to section 751(a)(2)(B)(i)(II) of                   Pursuant to 19 CFR 351.221(c)(1)(i),                 351.214 and 351.221(c)(1)(i).
                                                  the Act and 19 CFR 351.214(b)(2)(iii)(A),                 the Department will publish the notice                    Dated: January 27, 2016.
                                                  Anji DaSol certified that, since the                      of initiation of a new shipper review no                James Maeder,
                                                  initiation of the investigation, it has                   later than the last day of the month                    Senior Director Antidumping and
                                                  never been affiliated with any PRC                        following the anniversary or semiannual                 Countervailing Duty Operations, Office I.
                                                  exporter or producer who exported solar                   anniversary month of the order. The                     [FR Doc. 2016–02002 Filed 2–2–16; 8:45 am]
                                                  cells to the United States during the                     Department intends to issue the                         BILLING CODE 3510–DS–P
                                                  POI, including those not individually                     preliminary results of this new shipper
                                                  examined during the investigation. As                     review no later than 180 days from the
                                                  required by 19 CFR 351.214(b)(2)(iii)(B),                 date of initiation, and the final results               DEPARTMENT OF COMMERCE
                                                  Anji DaSol also certified that its export                 of this review no later than 90 days after
                                                  activities were not controlled by the                                                                             International Trade Administration
                                                                                                            the date the preliminary results are
                                                  central government of the PRC.6
                                                                                                            issued.10
                                                    In addition to the certifications                                                                               Antidumping or Countervailing Duty
                                                  described above, pursuant to 19 CFR                          It is the Department’s usual practice,
                                                                                                                                                                    Order, Finding, or Suspended
                                                  351.214(b)(2)(iv), Anji DaSol submitted                   in cases involving non-market
                                                                                                                                                                    Investigation; Opportunity to Request
                                                  documentation establishing the                            economies (‘‘NME’’), to require that a
                                                                                                                                                                    Administrative Review
                                                  following: (1) The date on which the                      company seeking to establish eligibility
                                                  subject merchandise was first entered,                    for an AD rate separate from the NME-                   AGENCY:  Enforcement and Compliance,
                                                  or withdrawn from warehouse, for                          wide entity rate provide evidence of de                 International Trade Administration,
                                                  consumption in the United States; (2)                     jure and de facto absence of government                 Department of Commerce.
                                                  the volume of its first shipment; and (3)                 control over the company’s export                       FOR FURTHER INFORMATION CONTACT:
                                                  the date of its first sale to an unaffiliated             activities. Accordingly, we will issue a                Brenda E. Waters, Office of AD/CVD
                                                  customer in the United States.7                           questionnaire to Anji DaSol which will                  Operations, Customs Liaison Unit,
                                                    The Department conducted a CBP                          include a section requesting information                Enforcement and Compliance,
                                                  database query and confirmed by                           with regard to its export activities for                International Trade Administration,
                                                  examining the results that the sale of                    the purpose of establishing its eligibility             U.S. Department of Commerce, 14th
                                                  subject merchandise that Anji DaSol                       for a separate rate. The new shipper                    Street and Constitution Avenue NW.,
                                                  reported to the Department entered the                    review of Anji DaSol will proceed if the                Washington, DC 20230, telephone: (202)
                                                                                                            response provides sufficient indication                 482–4735.
                                                     3 See Letter to All Interested Parties ‘‘Request for   that the exporter is not subject to either              SUPPLEMENTARY INFORMATION:
                                                  a New Shipper Review of Crystalline Silicon               de jure or de facto government control
                                                  Photovoltaic Cells, Whether or Not Assembled Into         with respect to its exports of solar cells.             Background
                                                  Modules, from the People’s Republic of China 12/
                                                  01/2014–11/30/15: Anji DaSol Solar Energy Science                                                                   Each year during the anniversary
                                                  & Technology Co., Ltd.,’’ dated January 21, 2016            8 See  19 CFR 351.214(g)(1)(i)(A).                    month of the publication of an
                                                  (‘‘CBP Data’’).                                             9 See,  generally, Memorandum to the File through     antidumping or countervailing duty
                                                     4 Due to the business proprietary nature of the
                                                                                                            Abdelali Elouaradia, Director, AD/CVD Operations,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  CBP data, see Initiation Checklist at Part I, question
                                                                                                                                                                    order, finding, or suspended
                                                                                                            Office IV, ‘‘Initiation of Antidumping New Shipper
                                                  15 for further information.                               Review of Crystalline Silicon Photovoltaic Cells,       investigation, an interested party, as
                                                     5 See Letter to Anji DaSol, ‘‘Request for New          Whether or Not Assembled Into Modules, from the         defined in section 771(9) of the Tariff
                                                  Shipper Review of the Antidumping Duty Order on           People’s Republic of China: Anji DaSol Solar            Act of 1930, as amended (‘‘the Act’’),
                                                  Crystalline Silicon Photovoltaic Cells, Whether or        Energy Science & Technology Co., Ltd., Initiation
                                                  Not Assembled Into Modules, from the People’s
                                                                                                                                                                    may request, in accordance with 19 CFR
                                                                                                            Checklist,’’ dated concurrently with this notice
                                                  Republic of China,’’ dated January 21, 2016.              (‘‘Initiation Checklist’’).                             351.213, that the Department of
                                                     6 See NSR Request, at Exhibit 1.                          10 See section 751(a)(2)(B)(iv) of the Act; 19 CFR   Commerce (‘‘the Department’’) conduct
                                                     7 Id. at Exhibit 2.                                    351.214(i).                                             an administrative review of that


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                                                                                     Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices                                                                                  5713

                                                  antidumping or countervailing duty                                    ‘‘collapsed’’ (i.e., treated as a single                               where the Department considered
                                                  order, finding, or suspended                                          entity for purposes of calculating                                     collapsing that entity, complete quantity
                                                  investigation.                                                        antidumping duty rates) require a                                      and value data for that collapsed entity
                                                    All deadlines for the submission of                                 substantial amount of detailed                                         must be submitted.
                                                  comments or actions by the Department                                 information and analysis, which often
                                                  discussed below refer to the number of                                                                                                       Deadline for Withdrawal of Request for
                                                                                                                        require follow-up questions and                                        Administrative Review
                                                  calendar days from the applicable                                     analysis. Accordingly, the Department
                                                  starting date.                                                        will not conduct collapsing analyses at                                   Pursuant to 19 CFR 351.213(d)(1), a
                                                  Respondent Selection                                                  the respondent selection phase of this                                 party that requests a review may
                                                                                                                        review and will not collapse companies                                 withdraw that request within 90 days of
                                                     In the event the Department limits the                             at the respondent selection phase unless                               the date of publication of the notice of
                                                  number of respondents for individual                                                                                                         initiation of the requested review. The
                                                                                                                        there has been a determination to
                                                  examination for administrative reviews                                                                                                       regulation provides that the Department
                                                                                                                        collapse certain companies in a
                                                  initiated pursuant to requests made for                                                                                                      may extend this time if it is reasonable
                                                                                                                        previous segment of this antidumping
                                                  the orders identified below, the                                                                                                             to do so. In order to provide parties
                                                                                                                        proceeding (i.e., investigation,
                                                  Department intends to select                                                                                                                 additional certainty with respect to
                                                                                                                        administrative review, new shipper
                                                  respondents based on U.S. Customs and                                                                                                        when the Department will exercise its
                                                  Border Protection (‘‘CBP’’) data for U.S.                             review or changed circumstances
                                                                                                                        review). For any company subject to this                               discretion to extend this 90-day
                                                  imports during the period of review. We                                                                                                      deadline, interested parties are advised
                                                  intend to release the CBP data under                                  review, if the Department determined,
                                                                                                                        or continued to treat, that company as                                 that, with regard to reviews requested
                                                  Administrative Protective Order                                                                                                              on the basis of anniversary months on
                                                  (‘‘APO’’) to all parties having an APO                                collapsed with others, the Department
                                                                                                                        will assume that such companies                                        or after February 2016, the Department
                                                  within five days of publication of the
                                                                                                                        continue to operate in the same manner                                 does not intend to extend the 90-day
                                                  initiation notice and to make our
                                                                                                                        and will collapse them for respondent                                  deadline unless the requestor
                                                  decision regarding respondent selection
                                                                                                                        selection purposes. Otherwise, the                                     demonstrates that an extraordinary
                                                  within 21 days of publication of the
                                                                                                                        Department will not collapse companies                                 circumstance prevented it from
                                                  initiation Federal Register notice.
                                                                                                                        for purposes of respondent selection.                                  submitting a timely withdrawal request.
                                                  Therefore, we encourage all parties
                                                                                                                        Parties are requested to (a) identify                                  Determinations by the Department to
                                                  interested in commenting on respondent
                                                                                                                        which companies subject to review                                      extend the 90-day deadline will be
                                                  selection to submit their APO
                                                                                                                        previously were collapsed, and (b)                                     made on a case-by-case basis.
                                                  applications on the date of publication
                                                  of the initiation notice, or as soon                                  provide a citation to the proceeding in                                   The Department is providing this
                                                  thereafter as possible. The Department                                which they were collapsed. Further, if                                 notice on its Web site, as well as in its
                                                  invites comments regarding the CBP                                    companies are requested to complete                                    ‘‘Opportunity to Request Administrative
                                                  data and respondent selection within                                  the Quantity and Value Questionnaire                                   Review’’ notices, so that interested
                                                  five days of placement of the CBP data                                for purposes of respondent selection, in                               parties will be aware of the manner in
                                                  on the record of the review.                                          general each company must report                                       which the Department intends to
                                                     In the event the Department decides                                volume and value data separately for                                   exercise its discretion in the future.
                                                  it is necessary to limit individual                                   itself. Parties should not include data                                   Opportunity To Request A Review:
                                                  examination of respondents and                                        for any other party, even if they believe                              Not later than the last day of February
                                                  conduct respondent selection under                                    they should be treated as a single entity                              2016,1 interested parties may request
                                                  section 777A(c)(2) of the Act:                                        with that other party. If a company was                                administrative review of the following
                                                     In general, the Department finds that                              collapsed with another company or                                      orders, findings, or suspended
                                                  determinations concerning whether                                     companies in the most recently                                         investigations, with anniversary dates in
                                                  particular companies should be                                        completed segment of this proceeding                                   February for the following periods:

                                                                                                                                                                                                                                       Period of review

                                                                                                     Antidumping Duty Proceedings
                                                  Brazil:
                                                        Frozen Warmwater Shrimp, A–351–838 ................................................................................................................................              2/1/15–1/31/16
                                                        Stainless Steel Bar, A–351–825 ............................................................................................................................................      2/1/15–1/31/16
                                                  France: Uranium, A–427–818 .......................................................................................................................................................     2/1/15–1/31/16
                                                  India:
                                                        Certain Cut-to-Length Carbon-Quality Steel Plate, A–533–817 ............................................................................................                         2/1/15–1/31/16
                                                        Certain Preserved Mushrooms, A–533–813 ..........................................................................................................................                2/1/15–1/31/16
                                                        Frozen Warmwater Shrimp, A–533–840 ................................................................................................................................              2/1/15–1/31/16
                                                        Stainless Steel Bar, A–533–810 ............................................................................................................................................      2/1/15–1/31/16
                                                  Indonesia:
                                                        Certain Cut-to-Length Carbon-Quality Steel Plate, A–560–805 ............................................................................................                         2/1/15–1/31/16
                                                        Certain Preserved Mushrooms, A–560–802 ..........................................................................................................................                2/1/15–1/31/16
                                                  Italy: Stainless Steel Butt-Weld Pipe Fittings, A–475–828 ...........................................................................................................                  2/1/15–1/31/16
                                                  Japan:
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                                                        Carbon Steel Butt-Weld Pipe Fittings, A–588–602 ................................................................................................................                 2/1/15–1/31/16
                                                        Stainless Steel Bar, A–588–833 ............................................................................................................................................      2/1/15–1/31/16
                                                  Malaysia: Stainless Steel Butt-Weld Fittings, A–557–809 ............................................................................................................                   2/1/15–1/31/16
                                                  Mexico: Large Residential Washers, A–201–842 .........................................................................................................................                 2/1/15–1/31/16



                                                    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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                                                  5714                             Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices

                                                                                                                                                                                                                                 Period of review

                                                  Phillippines: Stainless Steel Butt-Weld Pipe Fittings, A–565–801 ................................................................................................                2/1/15–1/31/16
                                                  Republic of Korea:
                                                       Certain Cut-to-Length Carbon-Quality Steel Plate, A–580–836 ............................................................................................                    2/1/15–1/31/16
                                                       Large Residential Washers, A–580–868 ................................................................................................................................       2/1/15–1/31/16
                                                  Socialist Republic of Vietnam:
                                                       Frozen Warmwater Shrimp, A–552–802 ................................................................................................................................         2/1/15–1/31/16
                                                       Steel Wire Garment Hangers, A–552–812 ............................................................................................................................          2/1/15–1/31/16
                                                       Utility Scale Wind Towers, A–552–814 ..................................................................................................................................     2/1/15–1/31/16
                                                  Taiwan: Certain Crystalline Silicon Photovoltaic Products, A–583–853 .......................................................................................                    7/31/14–1/31/16
                                                  Thailand: Frozen Warmwater Shrimp, A–549–822 .......................................................................................................................             2/1/15–1/31/16
                                                  The People’s Republic of China:
                                                       Certain Preserved Mushrooms, A–570–851 ..........................................................................................................................           2/1/15–1/31/16
                                                       Certain Crystalline Silicon Photovoltaic Products, A–570–010 ..............................................................................................                7/31/14–1/31/16
                                                       Frozen Warmwater Shrimp, A–570–893 ................................................................................................................................         2/1/15–1/31/16
                                                       Heavy Forged Hand Tools,, With or Without Handles, A–570–803 ......................................................................................                         2/1/15–1/31/16
                                                       Small Diameter Graphite Electrodes, A–570–929 .................................................................................................................             2/1/15–1/31/16
                                                       Uncovered Innerspring Units, A–570–928 .............................................................................................................................        2/1/15–1/31/16
                                                       Utility Scale Wind Towers, A–570–981 ..................................................................................................................................     2/1/15–1/31/16
                                                                                                Countervailing Duty Proceedings
                                                  India:
                                                       Certain Cut-to-Length Carbon-Quality Steel Plate, C–533–818 ............................................................................................                   1/1/15–12/31/15
                                                       Prestressed Concrete Steel Wire Strand, C–533–829 ..........................................................................................................               1/1/15–12/31/15
                                                  Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, C–560–806 .................................................................................                        1/1/15 -12/31/15
                                                  Republic of Korea:
                                                       Certain Cut-to-Length Carbon-Quality Steel Plate, C–580–837 ............................................................................................                   1/1/15–12/31/15
                                                       Large Residential Washers, C–580–869 ...............................................................................................................................       1/1/15–12/31/15
                                                  Socialist Republic of Vietnam: Steel Wire Garment Hangers, C–552–813 ..................................................................................                         1/1/15–12/31/15
                                                  The People’s Republic of China:
                                                       Certain Crystalline Silicon Photovoltaic Products, C–570–011 .............................................................................................                6/10/14 -12/31/15
                                                       Utility Scale Wind Towers, C–570–982 ..................................................................................................................................    1/1/15–12/31/15
                                                                                                     Suspension Agreements
                                                  None



                                                     In accordance with 19 CFR                                        information as to the party’s location.                             in Department Practice for Respondent
                                                  351.213(b), an interested party as                                  Moreover, if the interested party who                               Selection in Antidumping Duty
                                                  defined by section 771(9) of the Act may                            files a request for review is unable to                             Proceedings and Conditional Review of
                                                  request in writing that the Secretary                               locate the producer or exporter for                                 the Nonmarket Economy Entity in NME
                                                  conduct an administrative review. For                               which it requested the review, the                                  Antidumping Duty Proceedings, 78 FR
                                                  both antidumping and countervailing                                 interested party must provide an                                    65963 (November 4, 2013), the
                                                  duty reviews, the interested party must                             explanation of the attempts it made to                              Department clarified its practice with
                                                  specify the individual producers or                                 locate the producer or exporter at the                              regard to the conditional review of the
                                                  exporters covered by an antidumping                                 same time it files its request for review,                          non-market economy (NME) entity in
                                                  finding or an antidumping or                                        in order for the Secretary to determine                             administrative reviews of antidumping
                                                  countervailing duty order or suspension                             if the interested party’s attempts were                             duty orders. The Department will no
                                                  agreement for which it is requesting a                              reasonable, pursuant to 19 CFR                                      longer consider the NME entity as an
                                                  review. In addition, a domestic                                     351.303(f)(3)(ii).                                                  exporter conditionally subject to
                                                  interested party or an interested party                                As explained in Antidumping and                                  administrative reviews. Accordingly,
                                                  described in section 771(9)(B) of the Act                           Countervailing Duty Proceedings:                                    the NME entity will not be under review
                                                  must state why it desires the Secretary                             Assessment of Antidumping Duties, 68                                unless the Department specifically
                                                  to review those particular producers or                             FR 23954 (May 6, 2003), and Non-                                    receives a request for, or self-initiates, a
                                                  exporters. If the interested party intends                          Market Economy Antidumping                                          review of the NME entity.3 In
                                                  for the Secretary to review sales of                                Proceedings: Assessment of                                          administrative reviews of antidumping
                                                  merchandise by an exporter (or a                                    Antidumping Duties, 76 FR 65694                                     duty orders on merchandise from NME
                                                  producer if that producer also exports                              (October 24, 2011) the Department                                   countries where a review of the NME
                                                  merchandise from other suppliers)                                   clarified its practice with respect to the                          entity has not been initiated, but where
                                                  which was produced in more than one                                 collection of final antidumping duties                              an individual exporter for which a
                                                  country of origin and each country of                               on imports of merchandise where                                     review was initiated does not qualify for
                                                  origin is subject to a separate order, then                         intermediate firms are involved. The                                a separate rate, the Department will
                                                  the interested party must state                                     public should be aware of this                                      issue a final decision indicating that the
                                                  specifically, on an order-by-order basis,                           clarification in determining whether to                             company in question is part of the NME
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                                                  which exporter(s) the request is                                    request an administrative review of                                 entity. However, in that situation,
                                                  intended to cover.                                                  merchandise subject to antidumping                                  because no review of the NME entity
                                                                                                                      findings and orders.2
                                                     Note that, for any party the                                        Further, as explained in Antidumping                               3 In accordance with 19 CFR 351.213(b)(1), parties
                                                  Department was unable to locate in                                  Proceedings: Announcement of Change                                 should specify that they are requesting a review of
                                                  prior segments, the Department will not                                                                                                 entries from exporters comprising the entity, and to
                                                  accept a request for an administrative                                 2 See also the Enforcement and Compliance Web                    the extent possible, include the names of such
                                                  review of that party absent new                                     site at http://trade.gov/enforcement/.                              exporters in their request.



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                                                                             Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices                                                  5715

                                                  was conducted, the NME entity’s entries                   Dated: January 28, 2016.                            applicants for the Interim CCF
                                                  were not subject to the review and the                  Christian Marsh,                                      Agreement is used to determine their
                                                  rate for the NME entity is not subject to               Deputy Assistant Secretary for Antidumping            eligibility to participate in the CCF
                                                  change as a result of that review                       and Countervailing Duty Operations.                   Program. The information collected
                                                  (although the rate for the individual                   [FR Doc. 2016–02007 Filed 2–2–16; 8:45 am]            from agreement holders for the
                                                  exporter may change as a function of the                BILLING CODE 3510–DS–P                                Certificate Family of Forms is used to
                                                  finding that the exporter is part of the                                                                      identify their program eligible vessels,
                                                  NME entity).                                                                                                  their program projects and to certify the
                                                     Following initiation of an                           DEPARTMENT OF COMMERCE                                cost of a project at completion. The
                                                  antidumping administrative review                                                                             information collected on the deposit/
                                                                                                          National Oceanic and Atmospheric                      withdrawal report form is required to
                                                  when there is no review requested of the                Administration
                                                  NME entity, the Department will                                                                               ensure that agreement holders are
                                                  instruct CBP to liquidate entries for all                                                                     complying with fund deposit/
                                                                                                          Submission for OMB Review;                            withdrawal requirements established in
                                                  exporters not named in the initiation                   Comment Request
                                                  notice, including those that were                                                                             program regulations and properly
                                                  suspended at the NME entity rate.                          The Department of Commerce will                    accounting for fund activity on their
                                                                                                          submit to the Office of Management and                Federal income tax returns. The
                                                     All requests must be filed                                                                                 information collected on the deposit/
                                                                                                          Budget (OMB) for clearance the
                                                  electronically in Enforcement and                                                                             withdrawal report must also be reported
                                                                                                          following proposal for collection of
                                                  Compliance’s Antidumping and                                                                                  semi-annually to the Secretary of
                                                                                                          information under the provisions of the
                                                  Countervailing Duty Centralized                                                                               Treasury in accordance with the Tax
                                                                                                          Paperwork Reduction Act (44 U.S.C.
                                                  Electronic Service System (‘‘ACCESS’’)                                                                        Reform Act.
                                                                                                          Chapter 35).
                                                  on Enforcement and Compliance’s                                                                                  Affected Public: Businesses or other
                                                                                                             Agency: National Oceanic and
                                                  ACCESS Web site at http://                                                                                    for-profit organizations.
                                                                                                          Atmospheric Administration (NOAA).
                                                  access.trade.gov.4 Further, in                                                                                   Frequency: One time only, annually
                                                                                                             Title: Interim Capital Constructions
                                                  accordance with 19 CFR 351.303(f)(l)(i),                                                                      and on occasion.
                                                                                                          Fund Agreement, Family of Forms,
                                                  a copy of each request must be served                                                                            Respondent’s Obligation: Required to
                                                                                                          Certification and Deposit/Withdrawal
                                                  on the petitioner and each exporter or                                                                        obtain or retain benefits.
                                                                                                          Report.
                                                  producer specified in the request.                                                                               This information collection request
                                                                                                             OMB Control Number: 0648–0041.
                                                     The Department will publish in the                      Form Number(s): NOAA Forms 34–82                   may be viewed at reginfo.gov. Follow
                                                  Federal Register a notice of ‘‘Initiation               and 88–14.                                            the instructions to view Department of
                                                  of Administrative Review of                                Type of Request: Regular (extension of             Commerce collections currently under
                                                  Antidumping or Countervailing Duty                      a currently approved information                      review by OMB.
                                                  Order, Finding, or Suspended                            collection).                                             Written comments and
                                                  Investigation’’ for requests received by                   Number of Respondents: 1,445.                      recommendations for the proposed
                                                  the last day of February 2016. If the                      Average Hours per Response: Deposit/               information collection should be sent
                                                  Department does not receive, by the last                withdrawal form, 20 minutes;                          within 30 days of publication of this
                                                  day of February 2016, a request for                     application for program benefits, 3                   notice to OIRA_Submission@
                                                  review of entries covered by an order,                  hours and 30 minutes; certificate, 1                  omb.eop.gov or fax to (202) 395–5806.
                                                  finding, or suspended investigation                     hour.                                                   Dated: January 29, 2016.
                                                  listed in this notice and for the period                   Burden Hours: 2,732.                               Sarah Brabson,
                                                  identified above, the Department will                      Needs and Uses: This request is for                NOAA PRA Clearance Officer.
                                                  instruct CBP to assess antidumping or                   extension of a currently approved                     [FR Doc. 2016–01983 Filed 2–2–16; 8:45 am]
                                                  countervailing duties on those entries at               information collection.                               BILLING CODE 3510–22–P
                                                  a rate equal to the cash deposit of (or                    Respondents will be commercial
                                                  bond for) estimated antidumping or                      fishing industry individuals,
                                                  countervailing duties required on those                 partnerships, and corporations which
                                                  entries at the time of entry, or                                                                              DEPARTMENT OF DEFENSE
                                                                                                          entered into Capital Construction Fund
                                                  withdrawal from warehouse, for                          (CCF) agreements with the Secretary of                Department of the Army
                                                  consumption and to continue to collect                  Commerce allowing deferral of Federal
                                                  the cash deposit previously ordered.                    taxation on fishing vessel income                     [Docket ID: USA–2016–HQ–0002]
                                                     For the first administrative review of               deposited into the fund for use in the
                                                                                                                                                                Privacy Act of 1974; System of
                                                  any order, there will be no assessment                  acquisition, construction, or
                                                                                                                                                                Records
                                                  of antidumping or countervailing duties                 reconstruction of fishing vessels.
                                                  on entries of subject merchandise                       Deferred taxes are recaptured by                      AGENCY:  Department of the Army, DoD.
                                                  entered, or withdrawn from warehouse,                   reducing an agreement vessel’s basis for              ACTION:Notice to delete a System of
                                                  for consumption during the relevant                     depreciation by the amount withdrawn                  Records.
                                                  provisional-measures ‘‘gap’’ period of                  from the fund for its acquisition,
                                                  the order, if such a gap period is                      construction, or reconstruction. The                  SUMMARY:    The Department of the Army
                                                  applicable to the period of review.                     interim Capital Construction Fund                     proposes to delete a system of records,
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                                                                                                          Agreement and Certificate Family of                   A0351 AMC, ‘‘Student/Faculty Records:
                                                     This notice is not required by statute
                                                                                                          Forms is required pursuant to 50 CFR                  AMC Schools Systems’’ in its inventory
                                                  but is published as a service to the
                                                                                                          part 259.30 and P.L. 99–514 (The Tax                  of record systems subject to the Privacy
                                                  international trading community.
                                                                                                          Reform Act, 1986). The deposit/                       Act of 1974, as amended. This system
                                                    4 See Antidumping and Countervailing Duty
                                                                                                          withdrawal information collected from                 was used to determine applicant
                                                  Proceedings: Electronic Filing Procedures;
                                                                                                          agreement holders is required pursuant                eligibility, monitor individual’s
                                                  Administrative Protective Order Procedures, 76 FR       to 50 CFR part 259.35 and P.L. 99–514.                progress, maintain record of student/
                                                  39263 (July 6, 2011).                                   The information collected from                        faculty achievements, and to provide


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Document Created: 2016-02-03 00:39:52
Document Modified: 2016-02-03 00:39:52
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 5712 

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