82 FR 26441 - 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 108 (June 7, 2017)

Page Range		26441-26444
FR Document		2017-11827
Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26441-26444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11827]


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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 26442]]

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 June 
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 
June 2017,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in June for the following periods:
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    \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
------------------------------------------------------------------------
 
JAPAN: Carbon and Alloy Seamless Standard,                6/1/16-5/31/17
 Line, and Pressure Pipe A-588-850 (Over 4\1/2\
 Inches).......................................
JAPAN: Carbon and Alloy Seamless Standard, Line           6/1/16-5/31/17
 and Pressure Pipe A-588-851 (Under 4\1/2\
 Inches).......................................
MEXICO: Prestressed Concrete Steel Rail Tie               6/1/16-5/31/17
 Wire A-201-843................................
SPAIN: Chlorinated Isocyanurates A-469-814.....           6/1/16-5/31/17
TAIWAN: Helical Spring Lock Washers A-583-820..           6/1/16-5/31/17
THE PEOPLE'S REPUBLIC OF CHINA: Artist Canvas A-          6/1/16-5/31/17
 570-899.......................................
THE PEOPLE'S REPUBLIC OF CHINA: Chlorinated               6/1/16-5/31/17
 Isocyanurates A-570-898.......................
THE PEOPLE'S REPUBLIC OF CHINA: Furfuryl                  6/1/16-5/31/17
 Alcohol A-570-835.............................
THE PEOPLE'S REPUBLIC OF CHINA: High Pressure             6/1/16-5/31/17
 Steel Cylinders A-570-977.....................
THE PEOPLE'S REPUBLIC OF CHINA: Polyester                 6/1/16-5/31/17
 Staple Fiber A-570-905........................
THE PEOPLE'S REPUBLIC OF CHINA: Prestressed               6/1/16-5/31/17
 Concrete Steel Rail Tie Wire A-570-990........
THE PEOPLE'S REPUBLIC OF CHINA: Prestressed               6/1/16-5/31/17
 Concrete Steel Wire Strand A-570-945..........

[[Page 26443]]

 
THE PEOPLE'S REPUBLIC OF CHINA: Silicon Metal A-          6/1/15-5/31/17
 570-806.......................................
THE PEOPLE'S REPUBLIC OF CHINA: Tapered Roller            6/1/15-5/31/17
 Bearings A-570-601............................
------------------------------------------------------------------------
 
                     Countervailing Duty Proceedings
------------------------------------------------------------------------
 
THE PEOPLE'S REPUBLIC OF CHINA: High Pressure            1/1/16-12/31/16
 Steel Cylinders C-570-978.....................
------------------------------------------------------------------------
 
                          Suspension Agreements
------------------------------------------------------------------------
 
None.
------------------------------------------------------------------------

    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\
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    \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). 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.
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    \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.
---------------------------------------------------------------------------

    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 June 2017. If the Department does not receive, by 
the last day of June 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.


[[Page 26444]]


    Dated: June 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2017-11827 Filed 6-6-17; 8:45 am]
BILLING CODE 3510-DS-P
Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices 26443

Period of review

THE PEOPLE’S REPUBLIC OF CHINA: Silicon Metal A–570–806 ................................................................................... 6/1/15–5/31/17
THE PEOPLE’S REPUBLIC OF CHINA: Tapered Roller Bearings A–570–601 ................................................................ 6/1/15–5/31/17

Countervailing Duty Proceedings

THE PEOPLE’S REPUBLIC OF CHINA: High Pressure Steel Cylinders C–570–978 ....................................................... 1/1/16–12/31/16

Suspension Agreements

None.

In accordance with 19 CFR (October 24, 2011), the Department notice, including those that were
351.213(b), an interested party as clarified its practice with respect to the suspended at the NME entity rate.
defined by section 771(9) of the Act may collection of final antidumping duties All requests must be filed
request in writing that the Secretary on imports of merchandise where electronically in Enforcement and
conduct an administrative review. For intermediate firms are involved. The Compliance’s Antidumping and
both antidumping and countervailing public should be aware of this
Countervailing Duty Centralized
duty reviews, the interested party must clarification in determining whether to
Electronic Service System (ACCESS) on
specify the individual producers or request an administrative review of
Enforcement and Compliance’s ACCESS
exporters covered by an antidumping merchandise subject to antidumping
findings and orders.2 Web site at http://access.trade.gov.5
finding or an antidumping or
The Department no longer considers Further, in accordance with 19 CFR
countervailing duty order or suspension
the non-market economy (NME) entity 351.303(f)(l)(i), a copy of each request
agreement for which it is requesting a
as an exporter conditionally subject to must be served on the petitioner and
review. In addition, a domestic
an antidumping duty administrative each exporter or producer specified in
interested party or an interested party
reviews.3 Accordingly, the NME entity the request.
described in section 771(9)(B) of the Act
must state why it desires the Secretary will not be under review unless the The Department will publish in the
to review those particular producers or Department specifically receives a Federal Register a notice of ‘‘Initiation
exporters. If the interested party intends request for, or self-initiates, a review of of Administrative Review of
for the Secretary to review sales of the NME entity.4 In administrative Antidumping or Countervailing Duty
merchandise by an exporter (or a reviews of antidumping duty orders on Order, Finding, or Suspended
producer if that producer also exports merchandise from NME countries where Investigation’’ for requests received by
merchandise from other suppliers) a review of the NME entity has not been the last day of June 2017. If the
which was produced in more than one initiated, but where an individual Department does not receive, by the last
country of origin and each country of exporter for which a review was day of June 2017, a request for review
origin is subject to a separate order, then initiated does not qualify for a separate of entries covered by an order, finding,
the interested party must state rate, the Department will issue a final or suspended investigation listed in this
specifically, on an order-by-order basis, decision indicating that the company in notice and for the period identified
which exporter(s) the request is question is part of the NME entity. above, the Department will instruct CBP
intended to cover. However, in that situation, because no to assess antidumping or countervailing
review of the NME entity was duties on those entries at a rate equal to
Note that, for any party the
conducted, the NME entity’s entries the cash deposit of (or bond for)
Department was unable to locate in
were not subject to the review and the estimated antidumping or
prior segments, the Department will not
rate for the NME entity is not subject to countervailing duties required on those
accept a request for an administrative
change as a result of that review entries at the time of entry, or
review of that party absent new (although the rate for the individual
information as to the party’s location. withdrawal from warehouse, for
exporter may change as a function of the
Moreover, if the interested party who consumption and to continue to collect
finding that the exporter is part of the
files a request for review is unable to the cash deposit previously ordered.
NME entity). Following initiation of an
locate the producer or exporter for antidumping administrative review For the first administrative review of
which it requested the review, the when there is no review requested of the any order, there will be no assessment
interested party must provide an NME entity, the Department will of antidumping or countervailing duties
explanation of the attempts it made to instruct CBP to liquidate entries for all on entries of subject merchandise
locate the producer or exporter at the exporters not named in the initiation entered, or withdrawn from warehouse,
same time it files its request for review, for consumption during the relevant
in order for the Secretary to determine 2 See also the Enforcement and Compliance Web provisional-measures ‘‘gap’’ period of
if the interested party’s attempts were site at http://trade.gov/enforcement/. the order, if such a gap period is
reasonable, pursuant to 19 CFR 3 See Antidumping Proceedings: Announcement
applicable to the period of review.
351.303(f)(3)(ii). of Change in Department Practice for Respondent
sradovich on DSK3GMQ082PROD with NOTICES

Selection in Antidumping Duty Proceedings and This notice is not required by statute
As explained in Antidumping and Conditional Review of the Nonmarket Economy but is published as a service to the
Countervailing Duty Proceedings: Entity in NME Antidumping Duty Proceedings, 78
international trading community.
Assessment of Antidumping Duties, 68 FR 65963 (November 4, 2013)
4 In accordance with 19 CFR 351.213(b)(1), parties
FR 23954 (May 6, 2003), and Non-
should specify that they are requesting a review of 5 See Antidumping and Countervailing Duty
Market Economy Antidumping entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures;
Proceedings: Assessment of the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR
Antidumping Duties, 76 FR 65694 exporters in their request. 39263 (July 6, 2011).

VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1
Document Created: 2017-06-07 02:00:30
Document Modified: 2017-06-07 02:00:30
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 26441
82 FR 26441 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration
