81 FR 76920 - 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 214 (November 4, 2016)
International Trade Administration
Federal Register Volume 81, Issue 214 (November 4, 2016)
| Page Range | 76920-76922 | |
| FR Document | 2016-26749 |
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)] [Notices] [Pages 76920-76922] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26749] [[Page 76920]] ----------------------------------------------------------------------- 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 November 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 November 2016,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in November 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: Circular Welded Non-Alloy Steel Pipe, A-351- 11/1/15-10/31/16 809................................................. Indonesia: Certain Coated Paper Suitable for High-Quality 11/1/15-10/31/16 Print Graphics Using Sheet-Fed Presses A-560-823 Monosodium Glutamate, A-560-826.................. 11/1/15-10/31/16 Mexico: Certain Circular Welded Non-Alloy Steel Pipe, A- 11/1/15-10/31/16 201-805......................................... Seamless Refined Copper Pipe and Tube, A-201-838. 11/1/15-10/31/16 [[Page 76921]] Steel Concrete Reinforcing Bar, A-201-844........ 11/1/15-10/31/16 Republic of Korea: Certain Circular Welded Non-Alloy 11/1/15-10/31/16 Steel Pipe, A-580-809............................... Taiwan: Certain Hot-Rolled Carbon Steel Flat Products, A- 11/1/15-10/31/16 583-835......................................... Certain Circular Welded Non-Alloy Steel Pipe, A- 11/1/15-10/31/16 583-814......................................... Thailand: Certain Hot-Rolled Carbon Steel Flat 11/1/15-10/31/16 Products, A-549-817................................. The People's Republic of China: Certain Cut-To-Length Carbon Steel, A-570-849.... 11/1/15-10/31/16 Certain Hot-Rolled Carbon Steel Flat Products, A- 11/1/15-10/31/16 570-865......................................... Certain Coated Paper Suitable For High-Quality 11/1/15-10/31/16 Print Graphics Using Sheet-Fed Presses, A-570- 958............................................. Diamond Sawblades and Parts Thereof, A-570-900... 11/1/15-10/31/16 Fresh Garlic, A-570-831.......................... 11/1/15-10/31/16 Lightweight Thermal Paper, A-570-920............. 11/1/15-10/31/16 Monosodium Glutamate, A-570-992.................. 11/1/15-10/31/16 Paper Clips, A-570-826........................... 11/1/15-10/31/16 Polyethylene Terephthalate (Pet) Film, A-570-924. 11/1/15-10/31/16 Pure Magnesium in Granular Form, A-570-864....... 11/1/15-10/31/16 Refined Brown Aluminum Oxide, A-570-882.......... 11/1/15-10/31/16 Seamless Carbon and Alloy Steel Standard, Line, 11/1/15-10/31/16 and Pressure Pipe, A-570-956.................... Seamless Refined Copper Pipe and Tube, A-570-964. 11/1/15-10/31/16 Ukraine: Certain Hot-Rolled Carbon Steel Flat 11/1/15-10/31/16 Products, A-823-811................................. United Arab Emirates: Polyethylene Terephthalate 11/1/15-10/31/16 (Pet) Film, A-520-803............................... Countervailing Duty Proceedings Indonesia: Certain Coated Paper Suitable for High- 1/1/15-12/31/15 Quality Print Graphics Using Sheet-Fed Presses, C- 560-824............................................. The People's Republic of China: Certain Coated Paper Suitable For High-Quality 1/1/15-12/31/15 Print Graphics Using Sheet-Fed Presses, C-570- 959............................................. Chlorinated Isocyanurates, C-570-991............. 1/1/15-12/31/15 Lightweight Thermal Paper, C-570-921............. 1/1/15-12/31/15 Seamless Carbon and Alloy Steel Standard, Line, 1/1/15-12/31/15 and Pressure Pipe, C-570-957.................... Turkey: Steel Concrete Reinforcing Bar, C-489-819.... 1/1/15-12/31/15 Suspension Agreements Ukraine: Certain Cut-To-Length Carbon Steel, A-823- 11/1/15-10/31/16 808................................................. ------------------------------------------------------------------------ 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\ --------------------------------------------------------------------------- \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. --------------------------------------------------------------------------- Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.\3\ In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review [[Page 76922]] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 November 2016. If the Department does not receive, by the last day of November 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: October 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-26749 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
![76922 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices
when there is no review requested of the DEPARTMENT OF COMMERCE research time period from March–
NME entity, the Department will November to year-round; (2) authorize
instruct CBP to liquidate entries for all National Oceanic and Atmospheric captures on land (in addition to already
exporters not named in the initiation Administration permitted captures in water and on ice);
notice, including those that were (3) modify open water capture
suspended at the NME entity rate. RIN 0648–XA341 techniques for bearded seals to include
the use of a non-lethal deterrent (e.g.,
All requests must be filed Marine Mammals; File No. 15324 rubber bullets, bean bags, or paintballs)
electronically in Enforcement and aimed near but not on seals while
Compliance’s Antidumping and AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and pursuing a seal prior to capture in a net
Countervailing Duty Centralized to increase the chances of successful
Atmospheric Administration (NOAA),
Electronic Service System (‘‘ACCESS’’) capture. The minor amendment (No.
Commerce.
on Enforcement and Compliance’s 15324–03) extends the duration of the
ACTION: Notice; issuance of permit
ACCESS Web site at http:// permit through December 31, 2017, but
amendment.
access.trade.gov.4 Further, in does not change any other terms or
accordance with 19 CFR 351.303(f)(l)(i), SUMMARY: Notice is hereby given that conditions of the permit.
a copy of each request must be served Alaska Department of Fish and Game Dated: October 31, 2016.
on the petitioner and each exporter or (ADF&G), Division of Wildlife Julia Harrison,
producer specified in the request. Conservation, Juneau, AK (Responsible Chief, Permits and Conservation Division,
The Department will publish in the Party: Robert Small, Ph.D.) has been Office of Protected Resources, National
Federal Register a notice of ‘‘Initiation issued a minor amendment to Scientific Marine Fisheries Service.
of Administrative Review of Permit No. 15324. [FR Doc. 2016–26677 Filed 11–3–16; 8:45 am]
Antidumping or Countervailing Duty ADDRESSES: The amendment and related BILLING CODE 3510–22–P
Order, Finding, or Suspended documents are available for review
Investigation’’ for requests received by upon written request or by appointment
in the Permits and Conservation DEPARTMENT OF COMMERCE
the last day of November 2016. If the
Division, Office of Protected Resources,
Department does not receive, by the last National Oceanic and Atmospheric
NMFS, 1315 East-West Highway, Room
day of November 2016, a request for 13705, Silver Spring, MD 20910; phone Administration
review of entries covered by an order, (301) 427–8401; fax (301) 713–0376.
finding, or suspended investigation U.S. Integrated Ocean Observing
FOR FURTHER INFORMATION CONTACT: Sara
listed in this notice and for the period System (IOOS®) Advisory Committee
Young or Amy Sloan, phone (301) 427–
identified above, the Department will 8401. AGENCY: National Ocean Service,
instruct CBP to assess antidumping or National Oceanic and Atmospheric
SUPPLEMENTARY INFORMATION: The
countervailing duties on those entries at requested amendment has been granted Administration (NOAA), Department of
a rate equal to the cash deposit of (or under the authority of the Marine Commerce.
bond for) estimated antidumping or Mammal Protection Act of 1972, as ACTION: Notice of open meeting (via
countervailing duties required on those amended (16 U.S.C. 1361 et seq.) and teleconference).
entries at the time of entry, or the regulations governing the taking and
withdrawal from warehouse, for importing of marine mammals (50 CFR SUMMARY: Notice is hereby given of a
consumption and to continue to collect part 216). virtual meeting of the U.S. Integrated
the cash deposit previously ordered. The original permit (No. 15324), Ocean Observing System (IOOS®)
issued on May 25, 2011 (76 FR 30309) Advisory Committee (Committee).
For the first administrative review of
authorized taking spotted (Phoca DATES AND TIMES: The public meeting
any order, there will be no assessment
largha), ringed (Phoca hispida), bearded will be held on Tuesday, November 22,
of antidumping or countervailing duties 2016, from 3:00 p.m. to 4:00 p.m. ET.
on entries of subject merchandise (Erignathus barbatus), and ribbon seals
(Histriophoca fasciata) in the Bering, These times and the agenda topics
entered, or withdrawn from warehouse, described below are subject to change.
Chukchi, and Beaufort Seas of Alaska to
for consumption during the relevant Refer to the Web page listed below for
monitor the status and health of all four
provisional-measures ‘‘gap’’ period of the most up-to-date meeting agenda.
species by analyzing samples from the
the order, if such a gap period is FOR FURTHER INFORMATION CONTACT:
subsistence harvest and by documenting
applicable to the period of review. movements and habitat use by tracking Jessica Snowden, Designated Federal
This notice is not required by statute animals with satellite transmitters Official, U.S. IOOS Advisory
but is published as a service to the through December 31, 2016. The major Committee, U.S. IOOS Program, 1315
international trading community. amendment (No. 15324–01) amended East-West Highway, 2nd Floor, Silver
the permit to include: (1) Takes by Spring, MD 20910, Silver Spring, MD
Dated: October 27, 2016.
harassment during aerial and vessel 20910; Phone 240–533–9466; Fax 301–
Christian Marsh, 713–3281; Email jessica.snowden@
surveys to monitor seal distribution
Deputy Assistant Secretary for Antidumping relative to changes in sea ice; (2) noaa.gov or visit the U.S. IOOS
and Countervailing Duty Operations. increased takes by incidental Advisory Committee Web site at https://
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[FR Doc. 2016–26749 Filed 11–3–16; 8:45 am] harassment; (3) the use of additional ioos.noaa.gov/community/u-s-ioos-
BILLING CODE 3510–DS–P sedative drugs during capture activities; advisory-committee/.
and (4) the use of remote dart-delivery SUPPLEMENTARY INFORMATION: The
as a method for capturing bearded seals. Committee meeting will be held via
4 See Antidumping and Countervailing Duty reduced the number of authorized teleconference. Members of the public
Proceedings: Electronic Filing Procedures; mortalities for bearded seals and ringed who wish to participate in the meeting
Administrative Protective Order Procedures, 76 FR seals. A second amendment (No. 15324– must register in advance by 5:00 p.m.
39263 (July 6, 2011). 02) was issued to: (1) Modify the annual ET on November 21. 2016. Please
VerDate Sep<11>2014 17:52 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1](https://thefederalregister.org/doc/81_FR_77134/page/3.svg)
Document Created: 2018-02-14 08:26:27
Document Modified: 2018-02-14 08:26:27
| 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 76920 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR