81 FR 67968 - 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 191 (October 3, 2016)
International Trade Administration
Federal Register Volume 81, Issue 191 (October 3, 2016)
| Page Range | 67968-67970 | |
| FR Document | 2016-23829 |
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)] [Notices] [Pages 67968-67970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23829] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. SUPPLEMENTARY INFORMATION: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (``the Act''), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (``the Department'') conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (``APO'') to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP 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 October 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 [[Page 67969]] 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 October 2016,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in October 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 Period of Review Brazil: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/15-9/30/16 351-832............................................. Indonesia: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/15-9/30/16 560-815............................................. Italy: Pressure Sensitive Plastic Tape, A-475-059.... 10/1/15-9/30/16 Mexico: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/15-9/30/16 201-830............................................. Moldova: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/15-9/30/16 841-805............................................. The People's Republic of China: Barium Carbonate, A- 10/1/15-9/30/16 570-880............................................. The People's Republic of China: Barium Chloride, A- 10/1/15-9/30/16 570-007............................................. The People's Republic of China: Boltless Steel 4/1/15-9/30/16 Shelving Units Prepackaged for Sale, A-570-018...... The People's Republic of China: Electrolytic 10/1/15-9/30/16 Manganese Dioxide, A-570- 919....................... The People's Republic of China: Helical Spring Lock 10/1/15-9/30/16 Washers, A-570-822.................................. The People's Republic of China: Polyvinyl Alcohol, A- 10/1/15-9/30/16 570-879............................................. The People's Republic of China: Steel Wire Garment 10/1/15-9/30/16 Hangers, A-570-918.................................. Trindad And Tobago: Carbon and Certain Alloy Steel 10/1/15-9/30/16 Wire Rod, A-274-804................................. Countervailing Duty Proceedings Brazil: Carbon and Certain Alloy Steel Wire Rod, C- 1/1/15-12/31/15 351-833............................................. Iran: Roasted In Shell Pistachios, C-507-601......... 1/1/15-12/31/15 The People's Republic of China: Boltless Steel 1/30/15-12/31/15 Shelving Units Prepackaged for Sale, C-570-019...... Suspension Agreements Russia: Uranium, A-821-802........................... 10/1/15-9/30/16 ------------------------------------------------------------------------ In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non- Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.\2\ --------------------------------------------------------------------------- \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. --------------------------------------------------------------------------- Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.\3\ In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review [[Page 67970]] (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 October 2016. If the Department does not receive, by the last day of October 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: September 22, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-23829 Filed 9-30-16; 8:45 am] BILLING CODE 3510-DS-P
![67968 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
and (G) of the Act and 19 CFR Operations, Customs Liaison Unit, substantial amount of detailed
351.102(b), wishing to participate in a Enforcement and Compliance, information and analysis, which often
Sunset Review must respond not later International Trade Administration, require follow-up questions and
than 15 days after the date of U.S. Department of Commerce, 14th analysis. Accordingly, the Department
publication in the Federal Register of Street and Constitution Avenue NW., will not conduct collapsing analyses at
this notice of initiation by filing a notice Washington, DC 20230, telephone: (202) the respondent selection phase of this
of intent to participate. The required 482–4735. review and will not collapse companies
contents of the notice of intent to SUPPLEMENTARY INFORMATION: at the respondent selection phase unless
participate are set forth at 19 CFR there has been a determination to
351.218(d)(1)(ii). In accordance with the Background collapse certain companies in a
Department’s regulations, if we do not Each year during the anniversary previous segment of this antidumping
receive a notice of intent to participate month of the publication of an proceeding (i.e., investigation,
from at least one domestic interested antidumping or countervailing duty administrative review, new shipper
party by the 15-day deadline, the order, finding, or suspended review or changed circumstances
Department will automatically revoke investigation, an interested party, as review). For any company subject to this
the order without further review.6 defined in section 771(9) of the Tariff review, if the Department determined,
If we receive an order-specific notice Act of 1930, as amended (‘‘the Act’’), or continued to treat, that company as
of intent to participate from a domestic may request, in accordance with 19 CFR collapsed with others, the Department
interested party, the Department’s 351.213, that the Department of will assume that such companies
regulations provide that all parties Commerce (‘‘the Department’’) conduct continue to operate in the same manner
wishing to participate in a Sunset an administrative review of that and will collapse them for respondent
Review must file complete substantive antidumping or countervailing duty selection purposes. Otherwise, the
responses not later than 30 days after order, finding, or suspended Department will not collapse companies
the date of publication in the Federal investigation. for purposes of respondent selection.
Register of this notice of initiation. The All deadlines for the submission of Parties are requested to (a) identify
required contents of a substantive comments or actions by the Department which companies subject to review
response, on an order-specific basis, are discussed below refer to the number of previously were collapsed, and (b)
set forth at 19 CFR 351.218(d)(3). Note calendar days from the applicable provide a citation to the proceeding in
that certain information requirements starting date. which they were collapsed. Further, if
differ for respondent and domestic Respondent Selection companies are requested to complete
parties. Also, note that the Department’s the Quantity and Value Questionnaire
information requirements are distinct In the event the Department limits the for purposes of respondent selection, in
from the Commission’s information number of respondents for individual general each company must report
requirements. Consult the Department’s examination for administrative reviews volume and value data separately for
regulations for information regarding initiated pursuant to requests made for itself. Parties should not include data
the Department’s conduct of Sunset the orders identified below, the for any other party, even if they believe
Reviews. Consult the Department’s Department intends to select they should be treated as a single entity
regulations at 19 CFR part 351 for respondents based on U.S. Customs and with that other party. If a company was
definitions of terms and for other Border Protection (‘‘CBP’’) data for U.S. collapsed with another company or
general information concerning imports during the period of review. We companies in the most recently
antidumping and countervailing duty intend to release the CBP data under completed segment of this proceeding
proceedings at the Department. Administrative Protective Order where the Department considered
This notice of initiation is being (‘‘APO’’) to all parties having an APO collapsing that entity, complete quantity
published in accordance with section within five days of publication of the and value data for that collapsed entity
751(c) of the Act and 19 CFR 351.218(c). initiation notice and to make our must be submitted.
decision regarding respondent selection
Dated: September 22, 2016. within 21 days of publication of the Deadline for Withdrawal of Request for
Christian Marsh, initiation Federal Register notice. Administrative Review
Deputy Assistant Secretary for Antidumping Therefore, we encourage all parties Pursuant to 19 CFR 351.213(d)(1), a
and Countervailing Duty Operations. interested in commenting on respondent party that requests a review may
[FR Doc. 2016–23828 Filed 9–30–16; 8:45 am] selection to submit their APO withdraw that request within 90 days of
BILLING CODE 3510–DS–P applications on the date of publication the date of publication of the notice of
of the initiation notice, or as soon initiation of the requested review. The
thereafter as possible. The Department regulation provides that the Department
DEPARTMENT OF COMMERCE invites comments regarding the CBP may extend this time if it is reasonable
data and respondent selection within to do so. In order to provide parties
International Trade Administration additional certainty with respect to
five days of placement of the CBP data
Antidumping or Countervailing Duty on the record of the review. when the Department will exercise its
Order, Finding, or Suspended In the event the Department decides discretion to extend this 90-day
Investigation; Opportunity To Request it is necessary to limit individual deadline, interested parties are advised
Administrative Review examination of respondents and that, with regard to reviews requested
on the basis of anniversary months on
sradovich on DSK3GMQ082PROD with NOTICES
conduct respondent selection under
AGENCY: Enforcement and Compliance, section 777A(c)(2) of the Act: or after October 2016, the Department
International Trade Administration, In general, the Department finds that does not intend to extend the 90-day
Department of Commerce. determinations concerning whether deadline unless the requestor
FOR FURTHER INFORMATION CONTACT: particular companies should be demonstrates that an extraordinary
Brenda E. Waters, Office of AD/CVD ‘‘collapsed’’ (i.e., treated as a single circumstance prevented it from
entity for purposes of calculating submitting a timely withdrawal request.
6 See 19 CFR 351.218(d)(1)(iii). antidumping duty rates) require a Determinations by the Department to
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![67970 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
(although the rate for the individual DEPARTMENT OF COMMERCE Special Accommodations
exporter may change as a function of the This meeting is physically accessible
finding that the exporter is part of the National Oceanic and Atmospheric
to people with disabilities. Requests for
NME entity). Administration
sign language interpretation or other
Following initiation of an
RIN 0648–XE917 auxiliary aids should be directed to
antidumping administrative review
Thomas A. Nies, Executive Director, at
when there is no review requested of the New England Fishery Management (978) 465–0492, at least 5 days prior to
NME entity, the Department will Council; Public Meeting the meeting date.
instruct CBP to liquidate entries for all
exporters not named in the initiation AGENCY: National Marine Fisheries Authority: 16 U.S.C. 1801 et seq.
notice, including those that were Service (NMFS), National Oceanic and Dated: September 28, 2016.
suspended at the NME entity rate. Atmospheric Administration (NOAA), Tracey L. Thompson,
All requests must be filed Commerce. Acting Deputy Director, Office of Sustainable
electronically in Enforcement and ACTION: Notice; public meeting. Fisheries, National Marine Fisheries Service.
Compliance’s Antidumping and [FR Doc. 2016–23799 Filed 9–30–16; 8:45 am]
Countervailing Duty Centralized SUMMARY: The New England Fishery
BILLING CODE 3510–22–P
Electronic Service System (‘‘ACCESS’’) Management Council (Council) is
on Enforcement and Compliance’s scheduling a joint public meeting of its
ACCESS Web site at http:// Monkfish Committee to consider actions
DEPARTMENT OF COMMERCE
access.trade.gov.4 Further, in affecting New England fisheries in the
accordance with 19 CFR 351.303(f)(l)(i), exclusive economic zone (EEZ). National Oceanic and Atmospheric
a copy of each request must be served Recommendations from this group will Administration
on the petitioner and each exporter or be brought to the full Council for formal
producer specified in the request. consideration and action, if appropriate. RIN 0648–XE919
The Department will publish in the DATES: This meeting will be held on
Federal Register a notice of ‘‘Initiation New England Fishery Management
Tuesday, October 18, 2016 at 9:30 a.m. Council; Public Meeting
of Administrative Review of ADDRESSES: The meeting will be held at
Antidumping or Countervailing Duty AGENCY: National Marine Fisheries
the Hilton Garden Inn, One Thurber
Order, Finding, or Suspended Service (NMFS), National Oceanic and
Street, Warwick, RI 02886; telephone:
Investigation’’ for requests received by Atmospheric Administration (NOAA),
(401) 734–9600.
the last day of October 2016. If the Commerce.
Council address: New England
Department does not receive, by the last ACTION: Notice; public meeting.
Fishery Management Council, 50 Water
day of October 2016, a request for
Street, Mill 2, Newburyport, MA 01950.
review of entries covered by an order, SUMMARY: The New England Fishery
finding, or suspended investigation FOR FURTHER INFORMATION CONTACT:
Management Council (Council) is
listed in this notice and for the period Thomas A. Nies, Executive Director, scheduling a public meeting of its Skate
identified above, the Department will New England Fishery Management Committee to consider actions affecting
instruct CBP to assess antidumping or Council; telephone: (978) 465–0492. New England fisheries in the exclusive
countervailing duties on those entries at SUPPLEMENTARY INFORMATION: economic zone (EEZ).
a rate equal to the cash deposit of (or Agenda Recommendations from this group will
bond for) estimated antidumping or be brought to the full Council for formal
countervailing duties required on those The Monkfish Committee will receive consideration and action, if appropriate.
entries at the time of entry, or an update on Plan Development Team
DATES: This meeting will be held on
withdrawal from warehouse, for (PDT) analysis on Days-at-sea (DAS)
Wednesday, October 19, 2016 at 9:30
consumption and to continue to collect allocation and trip limits. The will also
a.m.
the cash deposit previously ordered. receive an overview from the Monkfish
For the first administrative review of PDT on draft alternatives and impacts ADDRESSES: The meeting will be held at
any order, there will be no assessment for Framework 10 regarding the Hilton Garden Hotel, One Thurber
of antidumping or countervailing duties specifications for FY 2017–19 and DAS Street, Warwick, RI 02886; telephone:
on entries of subject merchandise allocation and/or possession limit (401) 734–9600.
entered, or withdrawn from warehouse, alternatives. The Committee will select Council address: New England
for consumption during the relevant preferred alternatives for Framework 10 Fishery Management Council, 50 Water
provisional-measures ‘‘gap’’ period of as well as review and discuss 5 year Street, Mill 2, Newburyport, MA 01950.
the order, if such a gap period is research priorities for monkfish. The FOR FURTHER INFORMATION CONTACT:
applicable to the period of review. will discuss other business, as Thomas A. Nies, Executive Director,
This notice is not required by statute necessary. New England Fishery Management
but is published as a service to the Although non-emergency issues not Council; telephone: (978) 465–0492.
international trading community. contained in this agenda may come SUPPLEMENTARY INFORMATION:
Dated: September 22, 2016.
before this group for discussion, those
issues may not be the subject of formal Agenda
Christian Marsh,
action during this meeting. Action will The Committee will review and
Deputy Assistant Secretary for Antidumping
be restricted to those issues specifically discuss the draft scoping document for
sradovich on DSK3GMQ082PROD with NOTICES
and Countervailing Duty Operations.
listed in this notice and any issues the upcoming limited access
[FR Doc. 2016–23829 Filed 9–30–16; 8:45 am]
arising after publication of this notice amendment to the Northeast Skate
BILLING CODE 3510–DS–P
that require emergency action under Complex Fishery Management Plan.
4 See Antidumping and Countervailing Duty
section 305(c) of the Magnuson-Stevens They will also develop
Proceedings: Electronic Filing Procedures;
Act, provided the public has been recommendations for 2017 Council
Administrative Protective Order Procedures, 76 FR notified of the Council’s intent to take priorities as well as review and discuss
39263 (July 6, 2011). final action to address the emergency. 5 year research priorities for skates.
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Document Created: 2018-02-13 14:11:46
Document Modified: 2018-02-13 14:11:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735. | |
| FR Citation | 81 FR 67968 |
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