81_FR_68 81 FR 67 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

81 FR 67 - 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 1 (January 4, 2016)

Page Range67-69
FR Document2015-33055

Federal Register, Volume 81 Issue 1 (Monday, January 4, 2016) 
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 67-69]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33055]


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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 
January 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 
January 2016,\1\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in January for the following periods:
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    \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 68]]



------------------------------------------------------------------------
                                                       Period of review
------------------------------------------------------------------------
                      Antidumping duty proceedings
------------------------------------------------------------------------
BRAZIL: Prestressed Concrete Steel Wire Strand A-        1/1/15-12/31/15
 351-837...........................................
INDIA: Prestressed Concrete Steel Wire Strand A-533-     1/1/15-12/31/15
 828...............................................
MEXICO: Prestressed Concrete Steel Wire Strand A-        1/1/15-12/31/15
 201-831...........................................
REPUBLIC OF KOREA: Prestressed Concrete Steel Wire       1/1/15-12/31/15
 Strand A-580-852..................................
SOUTH AFRICA: Ferrovanadium A-791-815..............      1/1/15-12/31/15
THAILAND: Prestressed Concrete Steel Wire Strand A-      1/1/15-12/31/15
 549-820...........................................
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                 7/25/14-12/31/15
 Hypochlorite A-570-008............................
THE PEOPLE'S REPUBLIC OF CHINA: Carbon and Certain       9/8/14-12/31/15
 Alloy Steel Wire Rod A-570-012....................
THE PEOPLE'S REPUBLIC OF CHINA: Crepe Paper              1/1/15-12/31/15
 Products A-570-895................................
THE PEOPLE'S REPUBLIC OF CHINA: Ferrovanadium A-570-     1/1/15-12/31/15
 873...............................................
THE PEOPLE'S REPUBLIC OF CHINA: Folding Gift Boxes       1/1/15-12/31/15
 A-570-866.........................................
THE PEOPLE'S REPUBLIC OF CHINA: Potassium                1/1/15-12/31/15
 Permanganate A-570-001............................
THE PEOPLE'S REPUBLIC OF CHINA: Wooden Bedroom           1/1/15-12/32/15
 Furniture A-570-890...............................
------------------------------------------------------------------------
                     Countervailing duty proceedings
------------------------------------------------------------------------
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                 5/27/14-12/31/15
 Hypochlorite C-570-009............................
THE PEOPLE'S REPUBLIC OF CHINA: Carbon and Certain       7/8/14-12/31/15
 Alloy Steel Wire Rod C-570-013....................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Oil Country      1/1/15-12/31/15
 Tubular Goods C-570-944...........................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded          1/1/15-12/31/15
 Carbon Quality Steel Line Pipe C-570-936..........
------------------------------------------------------------------------
                          Suspension agreements
------------------------------------------------------------------------
RUSSIA: Certain Cut-to-Length Carbon Steel Plate A-      1/1/15-12/31/15
 821-808...........................................
------------------------------------------------------------------------

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

[[Page 69]]

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 January 2016. If the Department does not receive, by 
the last day of January 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: December 22, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-33055 Filed 12-31-15; 8:45 am]
 BILLING CODE 3510-DS-P

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III Contents Federal Register Vol. 81, No. 68 Friday, April 8, 2016 African Development Foundation PROPOSED RULES NOTICES Safety Zones: Meetings: Sector Upper Mississippi River Annual and Recurring Public Quarterly Meeting of the Board of Directors, 20606 Safety Zones Update, 20592–20598 Agency for Healthcare Research and Quality Commerce Department NOTICES See Census Bureau Agency Information Collection Activities; Proposals, See Foreign-Trade Zones Board Submissions, and Approvals, 20640–20642 See Industry and Security Bureau Common Formats for Reporting on Health Care Quality and See International Trade Administration Patient Safety, 20642–20643 See National Oceanic and Atmospheric Administration Agriculture Department Committee for Purchase From People Who Are Blind or See Animal and Plant Health Inspection Service Severely Disabled NOTICES See Food and Nutrition Service See Forest Service Procurement List; Additions and Deletions, 20624–20625 See Rural Business-Cooperative Service See Rural Utilities Service Commodity Futures Trading Commission PROPOSED RULES Animal and Plant Health Inspection Service Certain Natural Gas and Electric Power Contracts, 20583– RULES 20587 Importation of Fresh Andean Blackberry and Raspberry Fruit from Ecuador into the Continental United States, Defense Department 20525–20528 See Navy Department NOTICES Importation of Fresh Peppers from Ecuador into the United States, 20528 Meetings: PROPOSED RULES Defense Science Board, 20626–20627 Importation of Fresh Pitahaya Fruit from Ecuador into the Threat Reduction Advisory Committee, 20625–20626 Continental United States, 20575–20579 TRICARE Demonstration Project for the Philippines, 20626 Census Bureau Employee Benefits Security Administration RULES NOTICES Charter Renewals: Amendment to and Partial Revocation of Prohibited Census Scientific Advisory Committee, 20616 Transaction Exemption 84–24 for Certain Transactions National Advisory Committee on Racial, Ethnic and Involving Insurance Agents and Brokers, Pension Other Populations, 20616–20617 Consultants, Insurance Companies, and Investment Meetings: Company Principal Underwriters, 21147–21181 National Advisory Committee; Virtual Meeting, 20617 Amendment to Prohibited Transaction Exemption 75–1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Centers for Medicare & Medicaid Services Benefit Plans and Certain Broker-Dealers, Reporting NOTICES Dealers and Banks, 21139–21147 Agency Information Collection Activities; Proposals, Amendments to and Partial Revocation of Prohibited Submissions, and Approvals, 20643–20646 Transaction Exemption 86–128 for Securities Transactions Involving Employee Benefit Plans and Children and Families Administration Broker-Dealers; Amendment to and Partial Revocation NOTICES of PTE 75–1, Exemptions From Prohibitions Respecting Agency Information Collection Activities; Proposals, Certain Classes of Transactions Involving Employee Submissions, and Approvals, 20646–20647 Benefits Plans and Certain Broker-Dealers, Reporting Dealers and Banks, 21181–21208 Civil Rights Commission Amendments to Class Exemptions 75–1, 77–4, 80–83 and asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER NOTICES 83–1, 21208–21221 Meetings: Best Interest Contract Exemption, 21002–21089 Texas State Advisory Committee, 20615–20616 Class Exemption for Principal Transactions in Certain Assets between Investment Advice Fiduciaries and Coast Guard Employee Benefit Plans and IRAs, 21089–21139 RULES Definition of the Term Fiduciary; Conflict of Interest Rule Drawbridge Operations: –– Retirement Investment Advice, 20946–21002 Annisquam River and Blynman Canal, Gloucester, MA, 20529 Energy Department North Landing River, Chesapeake, VA, 20529–20530 See Federal Energy Regulatory Commission VerDate Sep<11>2014 21:53 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\08APCN.SGM 08APCN


Document Created: 2015-12-31 23:05:02
Document Modified: 2015-12-31 23:05:02
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 67 
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