81_FR_91364 81 FR 91122 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

81 FR 91122 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91122-91125
FR Document2016-30310

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with October anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91122-91125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30310]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') has received 
requests to conduct administrative reviews of various antidumping and 
countervailing duty orders and findings with October anniversary dates. 
In accordance with the Department's regulations, we are initiating 
those administrative reviews.

DATES: Effective December 16, 2016.

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, 1401 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
4735.

SUPPLEMENTARY INFORMATION: 

Background

    The Department has received timely requests, in accordance with 19 
CFR 351.213(b), for administrative reviews of various antidumping and 
countervailing duty orders and findings with October anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by the Department discussed 
below refer to the number of calendar days from the applicable starting 
time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (``POR''), it 
must notify the Department within 30 days of publication of this notice 
in the Federal Register. All submissions must be filed electronically 
at http://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such 
submissions are subject to verification in accordance with section 
782(i) of the Tariff Act of 1930, as amended (``the Act''). Further, in 
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every 
party on the Department's service list.
---------------------------------------------------------------------------

    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

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 place the CBP data on the record within five days of publication of 
the initiation notice and to make our decision regarding respondent 
selection within 30 days of publication of the initiation Federal 
Register notice. Comments regarding the CBP data and respondent 
selection should be submitted seven days after the placement of the CBP 
data on the record of this review. Parties wishing to submit rebuttal 
comments should submit those comments five days after the deadline for 
the initial comments.
    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 has found 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 (``Q&V'') Questionnaire for purposes of 
respondent selection, in general each

[[Page 91123]]

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 Q&V 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 has requested 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 the 
Department does not intend to extend the 90-day deadline unless the 
requestor demonstrates that an extraordinary circumstance has 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.

Separate Rates

    In proceedings involving non-market economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of merchandise subject to 
an administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, the Department analyzes each entity exporting the 
subject merchandise under a test arising from the Final Determination 
of Sales at Less Than Fair Value: Sparklers from the People's Republic 
of China, 56 FR 20588 (May 6, 1991), as amplified by Final 
Determination of Sales at Less Than Fair Value: Silicon Carbide from 
the People's Republic of China, 59 FR 22585 (May 2, 1994). In 
accordance with the separate rates criteria, the Department assigns 
separate rates to companies in NME cases only if respondents can 
demonstrate the absence of both de jure and de facto government control 
over export activities.
    All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate rate application or 
certification, as described below. For these administrative reviews, in 
order to demonstrate separate rate eligibility, the Department requires 
entities for whom a review was requested, that were assigned a separate 
rate in the most recent segment of this proceeding in which they 
participated, to certify that they continue to meet the criteria for 
obtaining a separate rate. The Separate Rate Certification form will be 
available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal 
Register notice. In responding to the certification, please follow the 
``Instructions for Filing the Certification'' in the Separate Rate 
Certification. Separate Rate Certifications are due to the Department 
no later than 30 calendar days after publication of this Federal 
Register notice. The deadline and requirement for submitting a 
Certification applies equally to NME-owned firms, wholly foreign-owned 
firms, and foreign sellers who purchase and export subject merchandise 
to the United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \2\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\3\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Status Application will be available on 
the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
In responding to the Separate Rate Status Application, refer to the 
instructions contained in the application. Separate Rate Status 
Applications are due to the Department no later than 30 calendar days 
of publication of this Federal Register notice. The deadline and 
requirement for submitting a Separate Rate Status Application applies 
equally to NME-owned firms, wholly foreign-owned firms, and foreign 
sellers that purchase and export subject merchandise to the United 
States.
---------------------------------------------------------------------------

    \2\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \3\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
---------------------------------------------------------------------------

    For exporters and producers who submit a separate-rate status 
application or certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following antidumping and countervailing 
duty orders and findings. We intend to issue the final results of these 
reviews not later than October 31, 2017.

------------------------------------------------------------------------
                                                  Period to be reviewed
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
Mexico: Carbon and Certain Alloy Steel Wire              10/1/15-9/30/16
 Rod, A-201-830................................
    ArcelorMittal Las Truchas, S.A. de C.V.
    Deacero S.A.P.I. de C.V.
    Ternium Mexico S.A. de C.V.
The People's Republic of China: Steel Wire               10/1/15-9/30/16
 Garment Hangers, A-570-918....................

[[Page 91124]]

 
    Da Sheng Hanger Ind. Co., Ltd.
    Feirongda Weaving Material Co. Ltd.
    Hangzhou Qingqing Mechanical Co. Ltd.
    Hangzhou Yingqing Material Co. Ltd.
    Hangzhou Yinte.
    Hong Kong Wells Ltd.
    Hongye (HK) Group Development Co. Ltd.
    Liaoning Metals & Mineral Imp/Exp Corp.
    Nantong Eason Foreign Trade Co., Ltd.
    Ningbo Bingcheng Import & Export Co. Ltd.
    Ningbo Dasheng Daily Products Co., Ltd.
    Ningbo Dasheng Hanger Ind. Co. Ltd.
    Ningbo Peacebird Import & Export Co. Ltd.
    Shang Zhou Leather Shoes Plant.
    Shanghai Bao Heng Relay Making Co., Ltd.
    Shanghai Ding Ying Printing & Dyeing Co.
     Ltd.
    Shanghai Ganghun Beddiry Clothing Factory.
    Shanghai Guangwei Shoes Co., Ltd.
    Shanghai Guoxing Metal Products Co. Ltd.
    Shanghai Jianhai International Trade Co.
     Ltd.
    Shanghai Lian Development Co. Ltd.
    Shanghai Shuang Qiang Embroidery Factory
     Co. Ltd.
    Shanghai Tonghui.
    Shanghai Wells Hanger Co., Ltd.
    Shangyu Baoli Electro Chemical Aluminum
     Products Co., Ltd.
    Shangyu Baoxiang Metal Manufactured Co.
     Ltd.
    Shangyu Tongfang Labour Protective Articles
     Co., Ltd.
    Shaoxing Andrew Metal Manufactured Co. Ltd.
    Shaoxing Dingli Metal Clotheshorse Co. Ltd.
    Shaoxing Gangyuan Metal Manufactured Co.
     Ltd.
    Shaoxing Guochao Metallic Products Co.,
     Ltd.
    Shaoxing Liangbao Metal Manufactured Co.
     Ltd.
    Shaoxing Meideli Hanger Co. Ltd.
    Shaoxing Shunji Metal Clotheshorse Co.,
     Ltd.
    Shaoxing Shuren Tie Co. Ltd.
    Shaoxing Tongzhou Metal Manufactured Co.
     Ltd.
    Shaoxing Zhongbao Metal Manufactured Co.
     Ltd.
    Shaoxing Zhongdi Foreign Trade Co. Ltd.
    Tianjin Innovation International.
    Tianjin Tailai Import and Export Co. Ltd.
    Wahfay Industrial (Group) Co., Ltd.
    Wesken International (Kunshan) Co. Ltd.
    Xia Fang Hanger (Cambodia) Co., Ltd.
    Zhejiang Hongfei Plastic Industry Co. Ltd.
    Zhejiang Jaguar Import & Export Co. Ltd.
    Zhejiang Lucky Cloud Hanger Co. Ltd.
 
        Countervailing Duty Proceedings
 
The People's Republic of China: Multilayered             1/1/14-12/31/14
 Wood Flooring, C-570-971......................
    Jiangsu Yuhui International Trade Co., Ltd.
------------------------------------------------------------------------

Suspension Agreements

    None.

Duty Absorption Reviews

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an antidumping duty order under 19 CFR 351.211 or a 
determination under 19 CFR 351.218(f)(4) to continue an order or 
suspended investigation (after sunset review), the Secretary, if 
requested by a domestic interested party within 30 days of the date of 
publication of the notice of initiation of the review, will determine, 
consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 
2002), as appropriate, whether antidumping duties have been absorbed by 
an exporter or producer subject to the review if the subject 
merchandise is sold in the United States through an importer that is 
affiliated with such exporter or producer. The request must include the 
name(s) of the exporter or producer for which the inquiry is requested.

Gap Period Liquidation

    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 POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305. On 
January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to 
administrative reviews included in this

[[Page 91125]]

notice of initiation. Parties wishing to participate in any of these 
administrative reviews should ensure that they meet the requirements of 
these procedures (e.g., the filing of separate letters of appearance as 
discussed at 19 CFR 351.103(d)).

Revised Factual Information Requirements

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
The definition of factual information (19 CFR 351.102(b)(21)), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on or after May 10, 2013. Please review the final 
rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information.\4\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives. All segments of any 
antidumping duty or countervailing duty proceedings initiated on or 
after August 16, 2013, should use the formats for the revised 
certifications provided at the end of the Final Rule.\5\ The Department 
intends to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable revised certification 
requirements.
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    \4\ See section 782(b) of the Act.
    \5\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
the frequently asked questions regarding the Final Rule, available 
at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in antidumping 
and countervailing duty proceedings: Final Rule, 78 FR 57790 (September 
20, 2013). The modification clarifies that parties may request an 
extension of time limits before a time limit established under Part 351 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include, but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under 19 CFR 351.408(c), or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 
351.301(c)(3) and rebuttal, clarification and correction filed pursuant 
to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a 
surrogate country and surrogate values and rebuttal; (4) comments 
concerning U.S. Customs and Border Protection data; and (5) quantity 
and value questionnaires. Under certain circumstances, the Department 
may elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, the Department will inform 
parties in the letter or memorandum setting forth the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. This modification also requires that an 
extension request must be made in a separate, stand-alone submission, 
and clarifies the circumstances under which the Department will grant 
untimely-filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013. Please review the final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these segments.
    These initiations and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: December 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-30310 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  91122                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  liquidation of the relevant entries                     DEPARTMENT OF COMMERCE                                Respondent Selection
                                                  during the POR. Failure to comply with                                                                           In the event the Department limits the
                                                  this requirement could result in the                    International Trade Administration                    number of respondents for individual
                                                  Department’s presumption that                                                                                 examination for administrative reviews
                                                                                                          Initiation of Antidumping and
                                                  reimbursement of antidumping and/or                                                                           initiated pursuant to requests made for
                                                                                                          Countervailing Duty Administrative
                                                  countervailing duties occurred and the                                                                        the orders identified below, the
                                                                                                          Reviews
                                                  subsequent assessment of doubled                                                                              Department intends to select
                                                  antidumping duties.                                     AGENCY:  Enforcement and Compliance,                  respondents based on U.S. Customs and
                                                                                                          International Trade Administration,                   Border Protection (‘‘CBP’’) data for U.S.
                                                  Administrative Protective Order
                                                                                                          Department of Commerce.                               imports during the period of review. We
                                                    This notice also serves as a reminder                                                                       intend to place the CBP data on the
                                                                                                          SUMMARY:   The Department of Commerce                 record within five days of publication of
                                                  to parties subject to administrative                    (‘‘the Department’’) has received
                                                  protective orders (APO) of their                                                                              the initiation notice and to make our
                                                                                                          requests to conduct administrative                    decision regarding respondent selection
                                                  responsibility concerning the return or                 reviews of various antidumping and
                                                  destruction of proprietary information                                                                        within 30 days of publication of the
                                                                                                          countervailing duty orders and findings               initiation Federal Register notice.
                                                  disclosed under APO in accordance                       with October anniversary dates. In                    Comments regarding the CBP data and
                                                  with 19 CFR 351.305(a)(3), which                        accordance with the Department’s                      respondent selection should be
                                                  continues to govern business                            regulations, we are initiating those                  submitted seven days after the
                                                  proprietary information in this segment                 administrative reviews.                               placement of the CBP data on the record
                                                  of the proceeding. Timely written                                                                             of this review. Parties wishing to submit
                                                                                                          DATES:   Effective December 16, 2016.
                                                  notification of the return/destruction of                                                                     rebuttal comments should submit those
                                                  APO materials, or conversion to judicial                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                comments five days after the deadline
                                                  protective order, is hereby requested.                  Brenda E. Waters, Office of AD/CVD
                                                                                                                                                                for the initial comments.
                                                  Failure to comply with the regulations                  Operations, Customs Liaison Unit,                        In the event the Department decides
                                                  and the terms of an APO is a                            Enforcement and Compliance,                           it is necessary to limit individual
                                                  sanctionable violation.                                 International Trade Administration,                   examination of respondents and
                                                                                                          U.S. Department of Commerce, 1401                     conduct respondent selection under
                                                    We are issuing and publishing this                    Constitution Avenue NW., Washington,
                                                  notice in accordance with sections                                                                            section 777A(c)(2) of the Act:
                                                                                                          DC 20230, telephone: (202) 482–4735.                     In general, the Department has found
                                                  751(a)(1) and 777(i)(1) of the Act and 19
                                                  CFR 351.213(h).                                         SUPPLEMENTARY INFORMATION:                            that determinations concerning whether
                                                                                                                                                                particular companies should be
                                                    Dated: December 12, 2016.                             Background
                                                                                                                                                                ‘‘collapsed’’ (i.e., treated as a single
                                                  Paul Piquado,                                             The Department has received timely                  entity for purposes of calculating
                                                  Assistant Secretary for Enforcement and                 requests, in accordance with 19 CFR                   antidumping duty rates) require a
                                                  Compliance.                                             351.213(b), for administrative reviews of             substantial amount of detailed
                                                                                                          various antidumping and countervailing                information and analysis, which often
                                                  Appendix—List of Topics Discussed in                                                                          require follow-up questions and
                                                                                                          duty orders and findings with October
                                                  the Final Issues and Decision                           anniversary dates.                                    analysis. Accordingly, the Department
                                                  Memorandum                                                                                                    will not conduct collapsing analyses at
                                                                                                            All deadlines for the submission of
                                                  I. Summary                                              various types of information,                         the respondent selection phase of this
                                                  II. Background                                          certifications, or comments or actions by             review and will not collapse companies
                                                  III. Scope of the Order                                 the Department discussed below refer to               at the respondent selection phase unless
                                                  IV. List of Comments                                    the number of calendar days from the                  there has been a determination to
                                                  V. Analysis of Comments                                 applicable starting time.                             collapse certain companies in a
                                                     Indalco                                                                                                    previous segment of this antidumping
                                                     Comment 1: General and Administrative                Notice of No Sales                                    proceeding (i.e., investigation,
                                                        (G&A) Expense Ratio                                                                                     administrative review, new shipper
                                                                                                            If a producer or exporter named in
                                                     Comment 2: Interest Expense Ratio                                                                          review or changed circumstances
                                                                                                          this notice of initiation had no exports,
                                                     Comment 3: Cost of Goods Sold for G&A                                                                      review). For any company subject to this
                                                                                                          sales, or entries during the period of
                                                        and Interest Expense Ratios                                                                             review, if the Department determined,
                                                                                                          review (‘‘POR’’), it must notify the
                                                     Comment 4: Adjustment to the Cost of                                                                       or continued to treat, that company as
                                                                                                          Department within 30 days of
                                                        Manufacturing                                                                                           collapsed with others, the Department
                                                                                                          publication of this notice in the Federal
                                                     Comment 5: Correct Assessment Rate                                                                         will assume that such companies
                                                                                                          Register. All submissions must be filed
                                                     Comment 6: Level of Trade                                                                                  continue to operate in the same manner
                                                                                                          electronically at http://access.trade.gov
                                                     Liguori                                                                                                    and will collapse them for respondent
                                                                                                          in accordance with 19 CFR 351.303.1
                                                     Comment 7: Depreciation of Idled Asset                                                                     selection purposes. Otherwise, the
                                                     Comment 8: Semolina Costs
                                                                                                          Such submissions are subject to
                                                                                                                                                                Department will not collapse companies
                                                     Comment 9: Home Market Inland Freight                verification in accordance with section
                                                                                                                                                                for purposes of respondent selection.
                                                     Comment 10: Shape Classification                     782(i) of the Tariff Act of 1930, as
                                                                                                                                                                Parties are requested to (a) identify
                                                  VI. Recommendation                                      amended (‘‘the Act’’). Further, in
                                                                                                                                                                which companies subject to review
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          accordance with 19 CFR 351.303(f)(1)(i),
                                                  [FR Doc. 2016–30324 Filed 12–15–16; 8:45 am]                                                                  previously were collapsed, and (b)
                                                                                                          a copy must be served on every party on
                                                  BILLING CODE 3510–DS–P                                                                                        provide a citation to the proceeding in
                                                                                                          the Department’s service list.
                                                                                                                                                                which they were collapsed. Further, if
                                                                                                            1 See Antidumping and Countervailing Duty
                                                                                                                                                                companies are requested to complete
                                                                                                          Proceedings: Electronic Filing Procedures;
                                                                                                                                                                the Quantity and Value (‘‘Q&V’’)
                                                                                                          Administrative Protective Order Procedures, 76 FR     Questionnaire for purposes of
                                                                                                          39263 (July 6, 2011).                                 respondent selection, in general each


                                             VerDate Sep<11>2014   18:42 Dec 15, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\16DEN1.SGM   16DEN1


                                                                                 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                           91123

                                                  company must report volume and value                         government control of its export                                Entities that currently do not have a
                                                  data separately for itself. Parties should                   activities to be entitled to a separate                      separate rate from a completed segment
                                                  not include data for any other party,                        rate, the Department analyzes each                           of the proceeding 2 should timely file a
                                                  even if they believe they should be                          entity exporting the subject                                 Separate Rate Application to
                                                  treated as a single entity with that other                   merchandise under a test arising from                        demonstrate eligibility for a separate
                                                  party. If a company was collapsed with                       the Final Determination of Sales at Less                     rate in this proceeding. In addition,
                                                  another company or companies in the                          Than Fair Value: Sparklers from the                          companies that received a separate rate
                                                  most recently completed segment of this                      People’s Republic of China, 56 FR 20588                      in a completed segment of the
                                                  proceeding where the Department                              (May 6, 1991), as amplified by Final                         proceeding that have subsequently
                                                  considered collapsing that entity,                           Determination of Sales at Less Than                          made changes, including, but not
                                                  complete Q&V data for that collapsed                         Fair Value: Silicon Carbide from the                         limited to, changes to corporate
                                                  entity must be submitted.                                    People’s Republic of China, 59 FR 22585                      structure, acquisitions of new
                                                                                                               (May 2, 1994). In accordance with the                        companies or facilities, or changes to
                                                  Deadline for Withdrawal of Request for
                                                                                                               separate rates criteria, the Department                      their official company name,3 should
                                                  Administrative Review
                                                                                                               assigns separate rates to companies in                       timely file a Separate Rate Application
                                                    Pursuant to 19 CFR 351.213(d)(1), a                        NME cases only if respondents can                            to demonstrate eligibility for a separate
                                                  party that has requested a review may                        demonstrate the absence of both de jure                      rate in this proceeding. The Separate
                                                  withdraw that request within 90 days of                      and de facto government control over                         Rate Status Application will be
                                                  the date of publication of the notice of                     export activities.                                           available on the Department’s Web site
                                                  initiation of the requested review. The                                                                                   at http://enforcement.trade.gov/nme/
                                                  regulation provides that the Department                         All firms listed below that wish to                       nme-sep-rate.html on the date of
                                                  may extend this time if it is reasonable                     qualify for separate rate status in the                      publication of this Federal Register
                                                  to do so. In order to provide parties                        administrative reviews involving NME                         notice. In responding to the Separate
                                                  additional certainty with respect to                         countries must complete, as                                  Rate Status Application, refer to the
                                                  when the Department will exercise its                        appropriate, either a separate rate                          instructions contained in the
                                                  discretion to extend this 90-day                             application or certification, as described                   application. Separate Rate Status
                                                  deadline, interested parties are advised                     below. For these administrative reviews,                     Applications are due to the Department
                                                  that the Department does not intend to                       in order to demonstrate separate rate                        no later than 30 calendar days of
                                                  extend the 90-day deadline unless the                        eligibility, the Department requires                         publication of this Federal Register
                                                  requestor demonstrates that an                               entities for whom a review was                               notice. The deadline and requirement
                                                  extraordinary circumstance has                               requested, that were assigned a separate                     for submitting a Separate Rate Status
                                                  prevented it from submitting a timely                        rate in the most recent segment of this                      Application applies equally to NME-
                                                  withdrawal request. Determinations by                        proceeding in which they participated,                       owned firms, wholly foreign-owned
                                                  the Department to extend the 90-day                          to certify that they continue to meet the                    firms, and foreign sellers that purchase
                                                  deadline will be made on a case-by-case                      criteria for obtaining a separate rate. The                  and export subject merchandise to the
                                                  basis.                                                       Separate Rate Certification form will be                     United States.
                                                                                                               available on the Department’s Web site                          For exporters and producers who
                                                  Separate Rates                                               at http://enforcement.trade.gov/nme/                         submit a separate-rate status application
                                                     In proceedings involving non-market                       nme-sep-rate.html on the date of                             or certification and subsequently are
                                                  economy (‘‘NME’’) countries, the                             publication of this Federal Register                         selected as mandatory respondents,
                                                  Department begins with a rebuttable                          notice. In responding to the                                 these exporters and producers will no
                                                  presumption that all companies within                        certification, please follow the                             longer be eligible for separate rate status
                                                  the country are subject to government                        ‘‘Instructions for Filing the                                unless they respond to all parts of the
                                                  control and, thus, should be assigned a                      Certification’’ in the Separate Rate                         questionnaire as mandatory
                                                  single antidumping duty deposit rate. It                     Certification. Separate Rate                                 respondents.
                                                  is the Department’s policy to assign all                     Certifications are due to the Department
                                                  exporters of merchandise subject to an                       no later than 30 calendar days after                         Initiation of Reviews
                                                  administrative review in an NME                              publication of this Federal Register                            In accordance with 19 CFR
                                                  country this single rate unless an                           notice. The deadline and requirement                         351.221(c)(1)(i), we are initiating
                                                  exporter can demonstrate that it is                          for submitting a Certification applies                       administrative reviews of the following
                                                  sufficiently independent so as to be                         equally to NME-owned firms, wholly                           antidumping and countervailing duty
                                                  entitled to a separate rate.                                 foreign-owned firms, and foreign sellers                     orders and findings. We intend to issue
                                                     To establish whether a firm is                            who purchase and export subject                              the final results of these reviews not
                                                  sufficiently independent from                                merchandise to the United States.                            later than October 31, 2017.

                                                                                                                                                                                                          Period to be
                                                                                                                                                                                                           reviewed

                                                                                           Antidumping Duty Proceedings
                                                  Mexico: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ........................................................................................        10/1/15–9/30/16
                                                      ArcelorMittal Las Truchas, S.A. de C.V.
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                                                      Deacero S.A.P.I. de C.V.
                                                      Ternium Mexico S.A. de C.V.
                                                  The People’s Republic of China: Steel Wire Garment Hangers, A–570–918 ....................................................................                 10/1/15–9/30/16

                                                     2 Such entities include entities that have not            shipper review, etc.) and entities that lost their             3 Only changes to the official company name,

                                                  participated in the proceeding, entities that were           separate rate in the most recently completed                 rather than trade names, need to be addressed via
                                                  preliminarily granted a separate rate in any                 segment of the proceeding in which they                      a Separate Rate Application. Information regarding
                                                  currently incomplete segment of the proceeding               participated.                                                new trade names may be submitted via a Separate
                                                  (e.g., an ongoing administrative review, new                                                                              Rate Certification.



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                                                  91124                         Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                                                                                                                                                                  Period to be
                                                                                                                                                                                                   reviewed

                                                       Da Sheng Hanger Ind. Co., Ltd.
                                                       Feirongda Weaving Material Co. Ltd.
                                                       Hangzhou Qingqing Mechanical Co. Ltd.
                                                       Hangzhou Yingqing Material Co. Ltd.
                                                       Hangzhou Yinte.
                                                       Hong Kong Wells Ltd.
                                                       Hongye (HK) Group Development Co. Ltd.
                                                       Liaoning Metals & Mineral Imp/Exp Corp.
                                                       Nantong Eason Foreign Trade Co., Ltd.
                                                       Ningbo Bingcheng Import & Export Co. Ltd.
                                                       Ningbo Dasheng Daily Products Co., Ltd.
                                                       Ningbo Dasheng Hanger Ind. Co. Ltd.
                                                       Ningbo Peacebird Import & Export Co. Ltd.
                                                       Shang Zhou Leather Shoes Plant.
                                                       Shanghai Bao Heng Relay Making Co., Ltd.
                                                       Shanghai Ding Ying Printing & Dyeing Co. Ltd.
                                                       Shanghai Ganghun Beddiry Clothing Factory.
                                                       Shanghai Guangwei Shoes Co., Ltd.
                                                       Shanghai Guoxing Metal Products Co. Ltd.
                                                       Shanghai Jianhai International Trade Co. Ltd.
                                                       Shanghai Lian Development Co. Ltd.
                                                       Shanghai Shuang Qiang Embroidery Factory Co. Ltd.
                                                       Shanghai Tonghui.
                                                       Shanghai Wells Hanger Co., Ltd.
                                                       Shangyu Baoli Electro Chemical Aluminum Products Co., Ltd.
                                                       Shangyu Baoxiang Metal Manufactured Co. Ltd.
                                                       Shangyu Tongfang Labour Protective Articles Co., Ltd.
                                                       Shaoxing Andrew Metal Manufactured Co. Ltd.
                                                       Shaoxing Dingli Metal Clotheshorse Co. Ltd.
                                                       Shaoxing Gangyuan Metal Manufactured Co. Ltd.
                                                       Shaoxing Guochao Metallic Products Co., Ltd.
                                                       Shaoxing Liangbao Metal Manufactured Co. Ltd.
                                                       Shaoxing Meideli Hanger Co. Ltd.
                                                       Shaoxing Shunji Metal Clotheshorse Co., Ltd.
                                                       Shaoxing Shuren Tie Co. Ltd.
                                                       Shaoxing Tongzhou Metal Manufactured Co. Ltd.
                                                       Shaoxing Zhongbao Metal Manufactured Co. Ltd.
                                                       Shaoxing Zhongdi Foreign Trade Co. Ltd.
                                                       Tianjin Innovation International.
                                                       Tianjin Tailai Import and Export Co. Ltd.
                                                       Wahfay Industrial (Group) Co., Ltd.
                                                       Wesken International (Kunshan) Co. Ltd.
                                                       Xia Fang Hanger (Cambodia) Co., Ltd.
                                                       Zhejiang Hongfei Plastic Industry Co. Ltd.
                                                       Zhejiang Jaguar Import & Export Co. Ltd.
                                                       Zhejiang Lucky Cloud Hanger Co. Ltd.
                                                                                           Countervailing Duty Proceedings
                                                  The People’s Republic of China: Multilayered Wood Flooring, C–570–971 .......................................................................     1/1/14–12/31/14
                                                      Jiangsu Yuhui International Trade Co., Ltd.



                                                  Suspension Agreements                                     United States, 291 F.3d 806 (Fed Cir.                      for consumption during the relevant
                                                     None.                                                  2002), as appropriate, whether                             provisional-measures ‘‘gap’’ period, of
                                                                                                            antidumping duties have been absorbed                      the order, if such a gap period is
                                                  Duty Absorption Reviews                                   by an exporter or producer subject to the                  applicable to the POR.
                                                    During any administrative review                        review if the subject merchandise is
                                                                                                            sold in the United States through an                       Administrative Protective Orders and
                                                  covering all or part of a period falling                                                                             Letters of Appearance
                                                  between the first and second or third                     importer that is affiliated with such
                                                  and fourth anniversary of the                             exporter or producer. The request must                       Interested parties must submit
                                                  publication of an antidumping duty                        include the name(s) of the exporter or                     applications for disclosure under
                                                  order under 19 CFR 351.211 or a                           producer for which the inquiry is                          administrative protective orders in
                                                  determination under 19 CFR                                requested.                                                 accordance with 19 CFR 351.305. On
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                                                  351.218(f)(4) to continue an order or                     Gap Period Liquidation                                     January 22, 2008, the Department
                                                  suspended investigation (after sunset                                                                                published Antidumping and
                                                  review), the Secretary, if requested by a                   For the first administrative review of                   Countervailing Duty Proceedings:
                                                  domestic interested party within 30                       any order, there will be no assessment                     Documents Submission Procedures;
                                                  days of the date of publication of the                    of antidumping or countervailing duties                    APO Procedures, 73 FR 3634 (January
                                                  notice of initiation of the review, will                  on entries of subject merchandise                          22, 2008). Those procedures apply to
                                                  determine, consistent with FAG Italia v.                  entered, or withdrawn from warehouse,                      administrative reviews included in this


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                                                                                 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                   91125

                                                  notice of initiation. Parties wishing to                  antidumping duty or countervailing                      the Department will grant untimely-
                                                  participate in any of these                               duty proceedings initiated on or after                  filed requests for the extension of time
                                                  administrative reviews should ensure                      August 16, 2013, should use the formats                 limits. These modifications are effective
                                                  that they meet the requirements of these                  for the revised certifications provided at              for all segments initiated on or after
                                                  procedures (e.g., the filing of separate                  the end of the Final Rule.5 The                         October 21, 2013. Please review the
                                                  letters of appearance as discussed at 19                  Department intends to reject factual                    final rule, available at http://
                                                  CFR 351.103(d)).                                          submissions in any proceeding                           www.gpo.gov/fdsys/pkg/FR-2013-09-20/
                                                                                                            segments if the submitting party does                   html/2013-22853.htm, prior to
                                                  Revised Factual Information
                                                                                                            not comply with applicable revised                      submitting factual information in these
                                                  Requirements
                                                                                                            certification requirements.                             segments.
                                                     On April 10, 2013, the Department                                                                                 These initiations and this notice are
                                                  published Definition of Factual                           Revised Extension of Time Limits
                                                                                                                                                                    in accordance with section 751(a) of the
                                                  Information and Time Limits for                           Regulation
                                                                                                                                                                    Act (19 U.S.C. 1675(a)) and 19 CFR
                                                  Submission of Factual Information:                           On September 20, 2013, the                           351.221(c)(1)(i).
                                                  Final Rule, 78 FR 21246 (April 10,                        Department modified its regulation
                                                                                                                                                                      Dated: December 7, 2016.
                                                  2013), which modified two regulations                     concerning the extension of time limits
                                                  related to antidumping and                                for submissions in antidumping and                      Christian Marsh,
                                                  countervailing duty proceedings: The                      countervailing duty proceedings: Final                  Deputy Assistant Secretary for Antidumping
                                                  definition of factual information (19                     Rule, 78 FR 57790 (September 20, 2013).                 and Countervailing Duty Operations.
                                                  CFR 351.102(b)(21)), and the time limits                  The modification clarifies that parties                 [FR Doc. 2016–30310 Filed 12–15–16; 8:45 am]
                                                  for the submission of factual                             may request an extension of time limits                 BILLING CODE 3510–DS–P
                                                  information (19 CFR 351.301). The final                   before a time limit established under
                                                  rule identifies five categories of factual                Part 351 expires, or as otherwise
                                                  information in 19 CFR 351.102(b)(21),                     specified by the Secretary. In general, an              DEPARTMENT OF COMMERCE
                                                  which are summarized as follows: (i)                      extension request will be considered
                                                  Evidence submitted in response to                         untimely if it is filed after the time limit            International Trade Administration
                                                  questionnaires; (ii) evidence submitted                   established under Part 351 expires. For                 [A–570–051]
                                                  in support of allegations; (iii) publicly                 submissions which are due from
                                                  available information to value factors                    multiple parties simultaneously, an                     Certain Hardwood Plywood Products
                                                  under 19 CFR 351.408(c) or to measure                     extension request will be considered                    From the People’s Republic of China:
                                                  the adequacy of remuneration under 19                     untimely if it is filed after 10:00 a.m. on             Initiation of Less-Than-Fair-Value
                                                  CFR 351.511(a)(2); (iv) evidence placed                   the due date. Examples include, but are                 Investigation
                                                  on the record by the Department; and (v)                  not limited to: (1) Case and rebuttal                   AGENCY:  Enforcement and Compliance,
                                                  evidence other than factual information                   briefs, filed pursuant to 19 CFR 351.309;               International Trade Administration,
                                                  described in (i)–(iv). The final rule                     (2) factual information to value factors                Department of Commerce.
                                                  requires any party, when submitting                       under 19 CFR 351.408(c), or to measure
                                                                                                                                                                    DATES: Effective December 8, 2016.
                                                  factual information, to specify under                     the adequacy of remuneration under 19
                                                  which subsection of 19 CFR                                CFR 351.511(a)(2), filed pursuant to 19                 FOR FURTHER INFORMATION CONTACT:
                                                  351.102(b)(21) the information is being                   CFR 351.301(c)(3) and rebuttal,                         Kabir Archuletta at (202) 482–2593 or
                                                  submitted and, if the information is                      clarification and correction filed                      Amanda Brings at (202) 482–3927, AD/
                                                  submitted to rebut, clarify, or correct                   pursuant to 19 CFR 351.301(c)(3)(iv); (3)               CVD Operations, Office V, Enforcement
                                                  factual information already on the                        comments concerning the selection of a                  and Compliance, International Trade
                                                  record, to provide an explanation                         surrogate country and surrogate values                  Administration, U.S. Department of
                                                  identifying the information already on                    and rebuttal; (4) comments concerning                   Commerce, 1401 Constitution Avenue
                                                  the record that the factual information                   U.S. Customs and Border Protection                      NW., Washington, DC 20230.
                                                  seeks to rebut, clarify, or correct. The                  data; and (5) quantity and value                        SUPPLEMENTARY INFORMATION:
                                                  final rule also modified 19 CFR 351.301                   questionnaires. Under certain                           The Petition
                                                  so that, rather than providing general                    circumstances, the Department may
                                                  time limits, there are specific time limits               elect to specify a different time limit by                On November 18, 2016, the
                                                  based on the type of factual information                  which extension requests will be                        Department of Commerce (the
                                                  being submitted. These modifications                      considered untimely for submissions                     Department) received an antidumping
                                                  are effective for all segments initiated on               which are due from multiple parties                     duty (AD) petition concerning imports
                                                  or after May 10, 2013. Please review the                  simultaneously. In such a case, the                     of certain hardwood plywood products
                                                  final rule, available at http://                          Department will inform parties in the                   (hardwood plywood) from the People’s
                                                  enforcement.trade.gov/frn/2013/                           letter or memorandum setting forth the                  Republic of China (PRC), filed in proper
                                                  1304frn/2013-08227.txt, prior to                          deadline (including a specified time) by                form on behalf of the Coalition for Fair
                                                  submitting factual information in this                    which extension requests must be filed                  Trade in Hardwood Plywood and its
                                                  segment.                                                  to be considered timely. This                           individual members (Petitioners).1
                                                     Any party submitting factual                           modification also requires that an                        On November 22, 2016, the
                                                  information in an antidumping duty or                     extension request must be made in a                     Department requested additional
                                                  countervailing duty proceeding must                       separate, stand-alone submission, and                     1 See the Petition for the Imposition of
                                                  certify to the accuracy and completeness
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                                                                                                            clarifies the circumstances under which                 Antidumping and Countervailing Duties Pursuant
                                                  of that information.4 Parties are hereby                                                                          to Sections 701 and 731 of the Tariff Act of 1930,
                                                  reminded that revised certification                          5 See Certification of Factual Information To        as Amended, dated November 18, 2016 (the
                                                  requirements are in effect for company/                   Import Administration During Antidumping and            Petition), at Volumes I and II. The members of the
                                                  government officials as well as their                     Countervailing Duty Proceedings, 78 FR 42678 (July      Coalition for Fair Trade in Hardwood Plywood are:
                                                                                                            17, 2013) (‘‘Final Rule’’); see also the frequently     Columbia Forest Products; Commonwealth
                                                  representatives. All segments of any                      asked questions regarding the Final Rule, available     Plywood Co., Ltd.; Murphy Plywood; Roseburg
                                                                                                            at http://enforcement.trade.gov/tlei/notices/factual_   Forest Products Co.; States Industries LLC; and
                                                    4   See section 782(b) of the Act.                      info_final_rule_FAQ_07172013.pdf.                       Timber Products Company.



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Document Created: 2018-02-14 09:07:18
Document Modified: 2018-02-14 09:07:18
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
DatesEffective December 16, 2016.
ContactBrenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482- 4735.
FR Citation81 FR 91122 

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