82 FR 16163 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 62 (April 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 62 (April 3, 2017)
| Page Range | 16163-16165 | |
| FR Document | 2017-06491 |
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)] [Notices] [Pages 16163-16165] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06491] ----------------------------------------------------------------------- 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, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482- 4735. SUPPLEMENTARY INFORMATION: [[Page 16164]] 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 a 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 a 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 a 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 a 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 April 2017, 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 April 2017,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April 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 THE PEOPLE'S REPUBLIC OF CHINA: Activated Carbon, A-570-904................... 4/1/16-3/31/17 Drawn Stainless Sinks, A-570-983.............. 4/1/16-3/31/17 Magnesium Metal, A-570-896.................... 4/1/16-3/31/17 Non-Malleable Cast Iron Pipe Fittings, A-570- 4/1/16-3/31/17 875.......................................... Steel Threaded Rod, A-570-932................. 4/1/16-3/31/17 Countervailing Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: Drawn Stainless 1/1/16-12/31/16 Sinks C-570-984.................................. Suspension Agreements None. ------------------------------------------------------------------------ [[Page 16165]] 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/. --------------------------------------------------------------------------- The Department no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.\3\ 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.\4\ 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). --------------------------------------------------------------------------- \3\ See 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). \4\ In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. --------------------------------------------------------------------------- Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov.\5\ 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. --------------------------------------------------------------------------- \5\ 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 April 2017. If the Department does not receive, by the last day of April 2017, 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: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-06491 Filed 3-31-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16163
Commerce, Enforcement and FR 32087 (June 5, 2015); Notice of Final Opportunity for Public Comment and
Compliance, Room 3720, 1401 Determination of Sales at Less Than Information
Constitution Avenue NW., Washington, Fair Value, and Affirmative Critical As part of this inquiry to review the
DC and reference ‘‘Inquiry Into the Circumstances, In Part: Certain Lined PRC’s NME status, the Department is
Status of the People’s Republic of China Paper Products From the People’s interested in receiving public comment
as a Nonmarket Economy Country Republic of China, 71 FR 53079 and information with respect to the PRC
Under the Antidumping and (September 8, 2006); Final on the following factors enumerated by
Countervailing Duty Laws, ITA–2017– Determination of Sales at Less than Fair section 771(18)(B) of the Act, which the
0002’’ in the subject line. Value: Certain Paper Clips from the Department must take into account in
Instructions: You must submit People’s Republic of China, 59 FR 51168 making a market/nonmarket economy
comments by one of the above methods (October 7, 1994). The Department last determination:
to ensure that the comments are reviewed the PRC’s NME status in 2006 (i) The extent to which the currency
received and considered. Comments and determined to continue to treat the of the foreign country is convertible into
sent by any other method, to any other PRC as an NME country. See the currency of other countries;
address or individual, or received after Memorandum for David M. Spooner, (ii) the extent to which wage rates in
the end of the comment period, may not Assistant Secretary for Import the foreign country are determined by
be considered. All comments and Administration, ‘‘Antidumping Duty free bargaining between labor and
information received are a part of the Investigation of Certain Lined Paper management;
public record and will generally be Products from the People’s Republic of (iii) the extent to which joint ventures
posted to http://www.regulations.gov China (‘China’)—China’s Status as a or other investments by firms of other
without change. All Personal Identifying Non-Market Economy (‘NME’)’’ (August foreign countries are permitted in the
Information (for example, name, 30, 2006) (2006 PRC NME foreign country;
address, etc.) voluntarily submitted by Determination), available at http:// (iv) the extent of government
the commenter may be publicly enforcement.trade.gov/download/prc- ownership or control of the means of
accessible. Do not submit Confidential nme-status/prc-lined-paper-memo- production;
Business Information or otherwise 08302006.pdf. (v) the extent of government control
sensitive or protected information. Any over allocation of resources and over
comments and information must be in Initiation of Inquiry
price and output decisions of
English or be accompanied by English As part of the less-than-fair-value enterprises; and
translations to be considered. The investigation of certain aluminum foil (vi) such other factors as the
Department will accept anonymous from the People’s Republic of China,1 administering authority considers
comments (enter ‘‘N/A’’ in the required and pursuant to its authority under appropriate.
fields if you wish to remain section 771(18)(C)(ii) of the Act, which As specified above, to be assured of
anonymous). Attachments to electronic states that the Department may make a consideration, any comments and
comments will be accepted in Microsoft determination with respect to a information must be received no later
Word, Excel, or Adobe PDF file formats country’s NME status ‘‘at any time,’’ the than May 3, 2017.
only. Supporting documents and any Department is initiating an inquiry into This notice is issued and published
comments we receive on this docket the PRC’s status as an NME country. pursuant to section 771(18)(C)(ii) of the
may be viewed at http:// The Department intends to issue its Act.
www.regulations.gov/ITA-2017-0002. final determination regarding this Dated: March 29, 2017.
FOR FURTHER INFORMATION CONTACT: review of the PRC’s NME status prior to Ronald K. Lorentzen,
Albert Hsu at (202) 482–4491 or Daniel the issuance of the Department’s
Calhoun at (202) 482–1439. Acting Assistant Secretary for Enforcement
preliminary determination in this and Compliance.
SUPPLEMENTARY INFORMATION: investigation.2
[FR Doc. 2017–06535 Filed 3–31–17; 8:45 am]
Background The Department is conducting this BILLING CODE 3510–DS–P
inquiry to solicit and collect the most
Section 771(18)(A) of the Act defines recent information following the
the term ‘‘nonmarket economy country’’ December 11, 2016, change in the PRC’s DEPARTMENT OF COMMERCE
as any foreign country determined by Protocol of Accession to the World
the Department not to ‘‘operate on Trade Organization. This inquiry is International Trade Administration
market principles of cost or pricing being conducted solely pursuant to
structures, so that sales of merchandise section 771(18) of the Act. Until such Antidumping or Countervailing Duty
in such country do not reflect the fair time that the Department’s Order, Finding, or Suspended
value of the merchandise.’’ determination of the PRC as an NME Investigation; Opportunity To Request
The Department has treated the PRC country may be revoked as set forth in Administrative Review
as an NME country in all past section 771(18)(C)(i) of the Act, the PRC
antidumping duty investigations and AGENCY: Enforcement and Compliance,
remains a nonmarket economy under International Trade Administration,
administrative reviews. See, e.g., the antidumping and countervailing
Seamless Refined Copper Pipe and Tube Department of Commerce.
duty laws. FOR FURTHER INFORMATION CONTACT:
From the People’s Republic of China:
Preliminary Results and Partial Brenda E. Waters, Office of AD/CVD
mstockstill on DSK3G9T082PROD with NOTICES
1 See Certain Aluminum Foil from the People’s
Rescission of Administrative Review; Operations, Customs Liaison Unit,
Republic of China: Initiation of Less-Than-Fair-
2012–2013, 79 FR 71089 (December 1, Value Investigation, signed March 28, 2017. Enforcement and Compliance,
2014), unchanged in Seamless Refined 2 Once the Department issues its final International Trade Administration,
Copper Pipe and Tube From the determination regarding this inquiry into the PRC’s U.S. Department of Commerce, 1401
status as an NME country, the Department will Constitution Avenue NW., Washington,
People’s Republic of China: Final consider whether to seek additional information
Results of Antidumping Duty from interested parties to the investigation for
DC 20230, telephone: (202) 482–4735.
Administrative Review; 2012–2013, 80 purposes of calculating normal value. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices 16165
In accordance with 19 CFR as an exporter conditionally subject to of entries covered by an order, finding,
351.213(b), an interested party as an antidumping duty administrative or suspended investigation listed in this
defined by section 771(9) of the Act may reviews.3 Accordingly, the NME entity notice and for the period identified
request in writing that the Secretary will not be under review unless the above, the Department will instruct CBP
conduct an administrative review. For Department specifically receives a to assess antidumping or countervailing
both antidumping and countervailing request for, or self-initiates, a review of duties on those entries at a rate equal to
duty reviews, the interested party must the NME entity.4 In administrative the cash deposit of (or bond for)
specify the individual producers or reviews of antidumping duty orders on estimated antidumping or
exporters covered by an antidumping merchandise from NME countries where countervailing duties required on those
finding or an antidumping or a review of the NME entity has not been entries at the time of entry, or
countervailing duty order or suspension initiated, but where an individual withdrawal from warehouse, for
agreement for which it is requesting a exporter for which a review was consumption and to continue to collect
review. In addition, a domestic initiated does not qualify for a separate the cash deposit previously ordered.
interested party or an interested party rate, the Department will issue a final For the first administrative review of
described in section 771(9)(B) of the Act decision indicating that the company in any order, there will be no assessment
must state why it desires the Secretary question is part of the NME entity. of antidumping or countervailing duties
to review those particular producers or However, in that situation, because no on entries of subject merchandise
exporters. If the interested party intends review of the NME entity was entered, or withdrawn from warehouse,
for the Secretary to review sales of conducted, the NME entity’s entries for consumption during the relevant
merchandise by an exporter (or a were not subject to the review and the provisional-measures ‘‘gap’’ period of
producer if that producer also exports rate for the NME entity is not subject to the order, if such a gap period is
merchandise from other suppliers) change as a result of that review applicable to the period of review.
which was produced in more than one (although the rate for the individual
country of origin and each country of This notice is not required by statute
exporter may change as a function of the but is published as a service to the
origin is subject to a separate order, then finding that the exporter is part of the
the interested party must state international trading community.
NME entity).
specifically, on an order-by-order basis, Following initiation of an Dated: March 24, 2017.
which exporter(s) the request is antidumping administrative review Gary Taverman,
intended to cover. when there is no review requested of the Associate Deputy Assistant Secretary for
Note that, for any party the NME entity, the Department will Antidumping and Countervailing Duty
Department was unable to locate in instruct CBP to liquidate entries for all Operations.
prior segments, the Department will not exporters not named in the initiation [FR Doc. 2017–06491 Filed 3–31–17; 8:45 am]
accept a request for an administrative notice, including those that were BILLING CODE 3510–DS–P
review of that party absent new suspended at the NME entity rate.
information as to the party’s location. All requests must be filed
Moreover, if the interested party who electronically in Enforcement and DEPARTMENT OF COMMERCE
files a request for review is unable to Compliance’s Antidumping and
locate the producer or exporter for Countervailing Duty Centralized International Trade Administration
which it requested the review, the Electronic Service System (‘‘ACCESS’’)
interested party must provide an Antidumping or Countervailing Duty
on Enforcement and Compliance’s Order, Finding, or Suspended
explanation of the attempts it made to ACCESS Web site at http://
locate the producer or exporter at the Investigation; Advance Notification of
access.trade.gov.5 Further, in Sunset Reviews
same time it files its request for review, accordance with 19 CFR 351.303(f)(l)(i),
in order for the Secretary to determine a copy of each request must be served AGENCY: Enforcement and Compliance,
if the interested party’s attempts were on the petitioner and each exporter or International Trade Administration,
reasonable, pursuant to 19 CFR producer specified in the request. Department of Commerce.
351.303(f)(3)(ii). The Department will publish in the
As explained in Antidumping and Federal Register a notice of ‘‘Initiation Background
Countervailing Duty Proceedings: of Administrative Review of
Assessment of Antidumping Duties, 68 Every five years, pursuant to section
Antidumping or Countervailing Duty 751(c) of the Tariff Act of 1930, as
FR 23954 (May 6, 2003), and Non- Order, Finding, or Suspended
Market Economy Antidumping amended (‘‘the Act’’), the Department of
Investigation’’ for requests received by Commerce (‘‘the Department’’) and the
Proceedings: Assessment of the last day of April 2017. If the
Antidumping Duties, 76 FR 65694 International Trade Commission
Department does not receive, by the last automatically initiate and conduct a
(October 24, 2011), the Department day of April 2017, a request for review
clarified its practice with respect to the review to determine whether revocation
collection of final antidumping duties of a countervailing or antidumping duty
3 See Antidumping Proceedings: Announcement
on imports of merchandise where order or termination of an investigation
of Change in Department Practice for Respondent
intermediate firms are involved. The Selection in Antidumping Duty Proceedings and suspended under section 704 or 734 of
public should be aware of this Conditional Review of the Nonmarket Economy the Act would be likely to lead to
clarification in determining whether to
Entity in NME Antidumping Duty Proceedings, 78 continuation or recurrence of dumping
FR 65963 (November 4, 2013). or a countervailable subsidy (as the case
mstockstill on DSK3G9T082PROD with NOTICES
request an administrative review of 4 In accordance with 19 CFR 351.213(b)(1), parties
merchandise subject to antidumping should specify that they are requesting a review of
may be) and of material injury.
findings and orders.2 entries from exporters comprising the entity, and to Upcoming Sunset Reviews for May
the extent possible, include the names of such
The Department no longer considers exporters in their request. 2017
the non-market economy (NME) entity 5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
The following Sunset Reviews are
2 See also the Enforcement and Compliance Web Administrative Protective Order Procedures, 76 FR scheduled for initiation in April 2017
site at http://trade.gov/enforcement/. 39263 (July 6, 2011). and will appear in that month’s Notice
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Document Created: 2017-04-01 09:35:53
Document Modified: 2017-04-01 09:35:53
| 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, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482- 4735. | |
| FR Citation | 82 FR 16163 |
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