82 FR 21513 - Initiation of Antidumping and Countervailing Duty Administrative Reviews
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 88 (May 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 88 (May 9, 2017)
| Page Range | 21513-21516 | |
| FR Document | 2017-09301 |
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)] [Notices] [Pages 21513-21516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09301] ----------------------------------------------------------------------- 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 March anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. DATES: Effective May 9, 2017. 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 March 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 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 [[Page 21514]] 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. 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. \4\ We inadvertently included Electrolux Home Products, Inc. (misspelled as Electrolux Hone Products, Inc.) in the initiation notice that published on April 10, 2017 (82 FR 17188). \5\ The company listed about was misspelled in the initiation notice that published on April 10, 2017 (82 FR 17188). The correct spelling of the company name is listed in this notice. \6\ On November 23, 2016, the Department determined that The Navigator Company, S.A., is the successor-in-interest to Portucel S.A. See Certain Uncoated Paper from Portugal: Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 84555 (November 23, 2016). \7\ We inadvertently included LG Electronics USA, Inc. in the initiation notice that published on April 10, 2017 (82 FR 17188). --------------------------------------------------------------------------- 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 March 31, 2018. ------------------------------------------------------------------------ Period to be reviewed ------------------------------------------------------------------------ Antidumping Duty Proceedings Brazil: Certain Uncoated Paper A-351-842............. 8/27/15-2/28/17 Suzano Papel e Celulose S.A. Indonesia: Certain Uncoated Paper A-560-828.......... 8/26/15-2/28/17 PT Anugerah Kertas Utama, PT Riau Andalan Kertas, and APRIL Fine Paper Macao Offshore Limited (collectively APRIL). PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik Kertas Tjiwi Kimia Tbk (collectively APP). Mexico: Large Residential Washers \4\ A-201-842...... 2/1/16-1/31/17 Electrolux Home Products Corp. NV.\5\ Portugal: Certain Uncoated Paper A-471-807........... 8/26/15-2/28/17 Portucel S.A./The Navigator Company, S.A.\6\ Republic of Korea: Large Residential Washers \7\ A- 2/1/16-1/31/17 580-868............................................. Spain: Stainless Steel Bar A-469-805................. 3/1/16-2/28/17 Sidenor Aceros Especiales S.L. ./Gerdau Aceros Especiales Europa S.L.\8\ [[Page 21515]] Thailand: Circular Welded Carbon Steel Pipes and 3/1/16-2/28/17 Tubes A-549-502..................................... Pacific Pipe Public Company Limited. Saha Thai Steel Pipe (Public) Company, Ltd. Thai Premium Pipe Co., Ltd. The People's Republic of China: Certain Tissue Paper 3/1/16-2/28/17 Products A-570-894.................................. Chung Rhy Special Paper Mill Co., Ltd. Global Key, Inc. The People's Republic of China: Glycine A-570-836.... 3/1/16-2/28/17 Avid Organics Pvt. Ltd. Kumar Industries. Rudraa International. The People's Republic of China: Small Diameter 2/1/16-1/31/17 Graphite Electrodes \9\ A-570-929................... Fangda Group (The Fangda Group consists of Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd). Countervailing Duty Proceedings Indonesia: Certain Uncoated Paper C-560-829.......... 6/29/15-12/31/16 PT Anugerah Kertas Utama, PT Riau Andalan Kertas, and APRIL. Fine Paper Macao Offshore Limited (collectively APRIL). PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik Kertas Tjiwi Kimia Tbk (collectively APP). Republic of Korea: Cut-To-Length Carbon-Quality Steel 1/1/16-12/31/16 Plate \10\ C-580-837................................ Turkey: Circular Welded Carbon Steel Pipes and Tubes 1/1/16-12/31/16 C-489-502........................................... Borusan Istikbal Ticaret T.A.S. Borusan Mannesnamm Boru Sanayi ve Ticaret A.S. 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 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. --------------------------------------------------------------------------- \8\ On December 2, 2016, the Department determined that Sidenor Aceros Especiales S.L. is the successor-in-interest to Gerdau Aceros Especiales Europa S.L. See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Stainless Steel Bar from Spain, 81 FR 87021 (December 2, 2016). \9\ The company listed about was misspelled in the initiation notice that published on April 10, 2017 (82 FR 17188). The correct spelling of the company name is listed in this notice. \10\ In the initiation notice that published on April 10, 2017 (82 FR 17188) the POR for the above referenced case was incorrect. The period listed above is the correct POR for this case. --------------------------------------------------------------------------- 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 the procedures outlined in the Department's regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this 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)). Factual Information Requirements The Department's regulations identify 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). These regulations require 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 regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. 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.\11\ 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 [[Page 21516]] the end of the Final Rule.\12\ The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. --------------------------------------------------------------------------- \11\ See section 782(b) of the Act. \12\ 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. --------------------------------------------------------------------------- Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. See 19 CFR 351.302. 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: May 2, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-09301 Filed 5-8-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices 21513
Final Results of Sunset Review U.S. Department of Commerce, 1401 conduct respondent selection under
Pursuant to sections 751(c)(1) and Constitution Avenue NW., Washington, section 777A(c)(2) of the Act:
DC 20230, telephone: (202) 482–4735. In general, the Department has found
752(c)(1) and (3) of the Act, the
SUPPLEMENTARY INFORMATION: that determinations concerning whether
Department determines that revocation
particular companies should be
of the AD order on steel tubing from Background ‘‘collapsed’’ (i.e., treated as a single
Taiwan would be likely to lead to
The Department has received timely entity for purposes of calculating
continuation or recurrence of dumping,
requests, in accordance with 19 CFR antidumping duty rates) require a
and that the magnitude of the margin of
351.213(b), for administrative reviews of substantial amount of detailed
dumping likely to prevail if the AD
various antidumping and countervailing information and analysis, which often
order is revoked would be up to 40.97
duty orders and findings with March require follow-up questions and
percent.
anniversary dates. analysis. Accordingly, the Department
Notification Regarding Administrative All deadlines for the submission of will not conduct collapsing analyses at
Protective Order various types of information, the respondent selection phase of this
This notice serves as the only certifications, or comments or actions by review and will not collapse companies
reminder to the parties subject to the Department discussed below refer to at the respondent selection phase unless
the number of calendar days from the there has been a determination to
administrative protective order (APO) of
applicable starting time. collapse certain companies in a
their responsibility concerning the
previous segment of this antidumping
return or destruction of propriety Notice of No Sales proceeding (i.e., investigation,
information disclosed under APO in
If a producer or exporter named in administrative review, new shipper
accordance with 19 CFR 351.305.
this notice of initiation had no exports, review or changed circumstances
Timely written notification of the return
sales, or entries during the period of review). For any company subject to this
or destruction of APO materials or
review (‘‘POR’’), it must notify the review, if the Department determined,
conversion to judicial protective order is
Department within 30 days of or continued to treat, that company as
hereby requested. Failure to comply
publication of this notice in the Federal collapsed with others, the Department
with the regulations and terms of an will assume that such companies
APO is a violation subject to sanction. Register. All submissions must be filed
electronically at http://access.trade.gov continue to operate in the same manner
Notification to Interested Parties in accordance with 19 CFR 351.303.1 and will collapse them for respondent
Such submissions are subject to selection purposes. Otherwise, the
We are issuing and publishing the
verification in accordance with section Department will not collapse companies
final results and notice in accordance
782(i) of the Tariff Act of 1930, as for purposes of respondent selection.
with sections 751(c), 752(c), and
amended (‘‘the Act’’). Further, in Parties are requested to (a) identify
777(i)(1) of the Act and 19 CFR
accordance with 19 CFR 351.303(f)(1)(i), which companies subject to review
351.221(c)(5)(ii).
a copy must be served on every party on previously were collapsed, and (b)
Dated: May 3, 2017. provide a citation to the proceeding in
the Department’s service list.
Ronald K. Lorentzen, which they were collapsed. Further, if
Acting Assistant Secretary For Enforcement Respondent Selection companies are requested to complete
and Compliance.
In the event the Department limits the the Quantity and Value (‘‘Q&V’’)
[FR Doc. 2017–09355 Filed 5–8–17; 8:45 am] number of respondents for individual Questionnaire for purposes of
BILLING CODE 3510–DS–P examination for administrative reviews respondent selection, in general each
initiated pursuant to requests made for company must report volume and value
the orders identified below, the data separately for itself. Parties should
DEPARTMENT OF COMMERCE Department intends to select not include data for any other party,
respondents based on U.S. Customs and even if they believe they should be
International Trade Administration treated as a single entity with that other
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We party. If a company was collapsed with
Initiation of Antidumping and another company or companies in the
Countervailing Duty Administrative intend to place the CBP data on the
most recently completed segment of this
Reviews record within five days of publication of
proceeding where the Department
the initiation notice and to make our
AGENCY: Enforcement and Compliance, considered collapsing that entity,
decision regarding respondent selection
International Trade Administration, complete Q&V data for that collapsed
within 30 days of publication of the
Department of Commerce. entity must be submitted.
initiation Federal Register notice.
SUMMARY: The Department of Commerce Comments regarding the CBP data and Deadline for Withdrawal of Request for
(‘‘the Department’’) has received respondent selection should be Administrative Review
requests to conduct administrative submitted seven days after the Pursuant to 19 CFR 351.213(d)(1), a
reviews of various antidumping and placement of the CBP data on the record party that has requested a review may
countervailing duty orders and findings of this review. Parties wishing to submit withdraw that request within 90 days of
with March anniversary dates. In rebuttal comments should submit those the date of publication of the notice of
accordance with the Department’s comments five days after the deadline initiation of the requested review. The
regulations, we are initiating those for the initial comments. regulation provides that the Department
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administrative reviews. In the event the Department decides may extend this time if it is reasonable
DATES: Effective May 9, 2017. it is necessary to limit individual to do so. In order to provide parties
FOR FURTHER INFORMATION CONTACT: examination of respondents and additional certainty with respect to
Brenda E. Waters, Office of AD/CVD 1 See Antidumping and Countervailing Duty
when the Department will exercise its
Operations, Customs Liaison Unit, Proceedings: Electronic Filing Procedures;
discretion to extend this 90-day
Enforcement and Compliance, Administrative Protective Order Procedures, 76 FR deadline, interested parties are advised
International Trade Administration, 39263 (July 6, 2011). that the Department does not intend to
VerDate Sep<11>2014 18:19 May 08, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1](https://thefederalregister.org/doc/82_FR_21601/page/1.svg)
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the end of the Final Rule.12 The These initiations and this notice are requested additional information and
Department intends to reject factual in accordance with section 751(a) of the clarification of certain areas of the
submissions in any proceeding Act (19 U.S.C. 1675(a)) and 19 CFR Petition.4 The petitioner filed responses
segments if the submitting party does 351.221(c)(1)(i). to these requests on April 18 and 21,
not comply with applicable revised Dated: May 2, 2017. 2017.5 On April 27, 3017, the petitioner
certification requirements. Gary Taverman,
filed an additional amendment to the
Petition.6
Extension of Time Limits Regulation Associate Deputy Assistant Secretary for
In accordance with section 702(b)(1)
Antidumping and Countervailing Duty
of the Tariff Act of 1930, as amended
Parties may request an extension of Operations.
(the Act), the petitioner alleges that the
time limits before a time limit [FR Doc. 2017–09301 Filed 5–8–17; 8:45 am]
Government of the PRC (GOC) is
established under Part 351 expires, or as BILLING CODE 3510–DS–P
providing countervailable subsidies,
otherwise specified by the Secretary.
within the meaning of sections 701 and
See 19 CFR 351.302. In general, an
DEPARTMENT OF COMMERCE 771(5) of the Act with respect to imports
extension request will be considered
of tool chests from the PRC, and that
untimely if it is filed after the time limit
International Trade Administration imports of tool chests are materially
established under Part 351 expires. For
injuring, or threatening material injury
submissions which are due from [C–570–057] to, an industry in the United States.
multiple parties simultaneously, an
Also, consistent with section 702(b)(1)
extension request will be considered Certain Tool Chests and Cabinets
of the Act and 19 CFR 351.202(b), for
untimely if it is filed after 10:00 a.m. on From the People’s Republic of China:
those alleged programs on which we are
the due date. Examples include, but are Initiation of Countervailing Duty
initiating a CVD investigation, the
not limited to: (1) Case and rebuttal Investigation
Petition is accompanied by information
briefs, filed pursuant to 19 CFR 351.309; reasonably available to the petitioner
AGENCY: Enforcement and Compliance,
(2) factual information to value factors supporting its allegations.
International Trade Administration,
under 19 CFR 351.408(c), or to measure The Department finds that the
Department of Commerce.
the adequacy of remuneration under 19 petitioner filed the Petition on behalf of
DATES: Effective Date: May 1, 2016.
CFR 351.511(a)(2), filed pursuant to 19 the domestic industry because the
CFR 351.301(c)(3) and rebuttal, FOR FURTHER INFORMATION CONTACT:
Minoo Hatten at (202) 482–1690, AD/ petitioner is an interested party as
clarification and correction filed defined in section 771(9)(C) of the Act.
pursuant to 19 CFR 351.301(c)(3)(iv); (3) CVD Operations, Enforcement &
Compliance, International Trade The Department also finds that the
comments concerning the selection of a petitioner demonstrated sufficient
surrogate country and surrogate values Administration, U.S. Department of
industry support with respect to the
and rebuttal; (4) comments concerning Commerce, 1401 Constitution Avenue
initiation of the CVD investigation that
U.S. Customs and Border Protection NW., Washington, DC 20230.
the petitioner is requesting.7
data; and (5) quantity and value SUPPLEMENTARY INFORMATION:
questionnaires. Under certain Period of Investigation
The Petition
circumstances, the Department may Because the Petition was filed on
elect to specify a different time limit by On April 11, 2017, the Department of April 11, 2017, pursuant to 19 CFR
which extension requests will be Commerce (the Department) received a
considered untimely for submissions countervailing duty (CVD) petition 4 See letter to the petitioner from the Department
which are due from multiple parties concerning imports of certain tool concerning supplemental questions on Volume IV
simultaneously. In such a case, the chests and cabinets (tool chests) from of the Petition (April 13, 2017); see also letter to the
the People’s Republic of China (PRC), petitioner from the Department concerning
Department will inform parties in the supplemental questions on general issues (April 13,
letter or memorandum setting forth the filed in proper form, on behalf of 2017) (General Issues Supplemental Questionnaire);
deadline (including a specified time) by Waterloo Industries Inc. (the and letter to the petitioner from the Department
petitioner).1 The petitioner is a domestic concerning supplemental questions on Volume IV
which extension requests must be filed (April 20, 2017).
to be considered timely. This producer of tool chests.2 The CVD 5 See Letter to the Secretary of Commerce from
modification also requires that an petition was accompanied by the petitioner ‘‘Certain Tool Chests and Cabinets
extension request must be made in a antidumping duty (AD) petitions from the People’s Republic of China and the
separate, stand-alone submission, and concerning imports of tool chests from Socialist Republic of Vietnam—Petitioner’s
the PRC and the Socialist Republic of Response to Supplemental Questionnaire
clarifies the circumstances under which Concerning Volume IV’’ (April 18, 2017); see also
the Department will grant untimely- Vietnam (Vietnam). letter to the Secretary of Commerce from the
filed requests for the extension of time On April 13 2017, the petitioner filed petitioner ‘‘Certain Tool Chests and Cabinets From
limits. These modifications are effective an amendment to the Petition.3 On the People’s Republic of China and the Socialist
April 13 and 20, 2017, the Department Republic of Vietnam—Petitioner’s 2nd Amendment
for all segments initiated on or after to Volume I of the Antidumping and Countervailing
October 21, 2013. Please review the Duty Petition’’ (April 18, 2017) (General Issues 2nd
1 See Letter to the Secretary of Commerce from
Amendment); and letter to the Secretary of
final rule, available at http:// the petitioner ‘‘Certain Tool Chests and Cabinets Commerce from the petitioner ‘‘Certain Tool Chests
www.gpo.gov/fdsys/pkg/FR-2013-09-20/ from the People’s Republic of China and the and Cabinets from the People’s Republic of China
html/2013-22853.htm, prior to Socialist Republic of Vietnam—Petition for the and the Socialist Republic of Vietnam—Petitioner’s
submitting factual information in these Imposition of Antidumping and Countervailing Response to Supplemental Questionnaire
Duties’’ (April 11, 2017) (the Petition). Concerning Volume IV’’ (April 21, 2017).
segments.
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2 See Volume I of the Petitions, at 1. 6 See Letter to the Secretary of Commerce from
3 See Letter to the Secretary of Commerce from the petitioner ‘‘Certain Tool Chests and Cabinets
12 See Certification of Factual Information To the petitioner ‘‘Certain Tool Chests and Cabinets From the People’s Republic of China and the
Import Administration During Antidumping and From the People’s Republic of China and the Socialist Republic of Vietnam—Petitioner’s 3rd
Countervailing Duty Proceedings, 78 FR 42678 (July Socialist Republic of Vietnam—Petitioner’s Amendment to Volume I of the Antidumping and
17, 2013) (‘‘Final Rule’’); see also the frequently Amendment to Volume I of the Antidumping and Countervailing Duty Petition’’ (April 27, 2017)
asked questions regarding the Final Rule, available Countervailing Duty Petition’’ (April 13, 2017) (General Issues 3rd Amendment).
at http://enforcement.trade.gov/tlei/notices/factual_ (clarifying the scope of the imported merchandise 7 See ‘‘Determination of Industry Support for the
info_final_rule_FAQ_07172013.pdf. that the petitioner intends to cover). Petition’’ section, below.
VerDate Sep<11>2014 18:19 May 08, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1](https://thefederalregister.org/doc/82_FR_21601/page/4.svg)
Document Created: 2018-11-08 08:41:34
Document Modified: 2018-11-08 08:41:34
| 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 | |
| Dates | Effective May 9, 2017. | |
| 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 21513 |
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