82 FR 35754 - 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 146 (August 1, 2017)
International Trade Administration
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35754-35756 | |
| FR Document | 2017-16158 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Notices] [Pages 35754-35756] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16158] ----------------------------------------------------------------------- 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. 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 August 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 [[Page 35755]] 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 August 2017,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in August 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 Germany: Seamless Line and Pressure Pipe, A-428-820. 8/1/16-7/31/17 Sodium Nitrate A-428-841................... 8/1/16-7/31/17 Japan: Brass Sheet & Strip, A-588-704............. 8/1/16-7/31/17 Tin Mill Products A-588-854................ 8/1/16-7/31/17 Malaysia: Polyethylene Retail Carrier Bags A- 8/1/16-7/31/17 557-813....................................... Mexico: Light-Walled Rectangular Pipe and Tube 8/1/16-7/31/17 A-201-836..................................... Republic of Korea: Large Power Transformers A-580-867......... 8/1/16-7/31/17 Light-Walled Rectangular Pipe and Tube A- 8/1/16-7/31/17 580-859................................... Romania: Certain Small Diameter Carbon and 8/1/16-7/31/17 Alloy Seamless Standard, Line, And Pressure Pipe (Under 4 \1/2\ Inches), A-485-805........ Socialist Republic of Vietnam: Silicomanganese 8/1/16-7/31/17 A-552-801..................................... Thailand: Polyethylene Retail Carrier Bags A- 8/1/16-7/31/17 549-821....................................... The People's Republic of China:................ Floor-Standing, Metal-Top Ironing Tables 8/1/16-7/31/17 and Parts Thereof A-570-888............... Hydrofluorocarbon Blends and Components 2/1/2016-7/31/2017 Thereof, A-570-028........................ Laminated Woven Sacks A-570-916............ 8/1/16-7/31/17 Light-Walled Rectangular Pipe and Tube A- 8/1/16-7/31/17 570-914................................... Passenger Vehicle and Light Truck Tires A- 8/1/16-7/31/17 570-016................................... Petroleum Wax Candles A-570-504............ 8/1/16-7/31/17 Polyethylene Retail Carrier Bags A-570-886. 8/1/16-7/31/17 Sodium Nitrate A-570-925................... 8/1/16-7/31/17 Steel Nails A-570-909...................... 8/1/16-7/31/17 Sulfanilic Acid A-570-815.................. 8/1/16-7/31/17 Tetrahydrofurfuryl Alcohol A-570-887....... 8/1/16-7/31/17 Tow-Behind Lawn Groomers and Parts Thereof 8/1/16-7/31/17 A-570-939................................. Ukraine: Silicomanganese A-823-805............. 8/1/16-7/31/17 Countervailing Duty Proceedings Republic of Korea: Stainless Steel Sheet and 1/1/16-12/31/16 Strip In Coils C-580-835...................... The People's Republic of China: Laminated Woven Sacks C-570-917............ 1/1/16-12/31/16 Light-Walled Rectangular Pipe and Tube C- 1/1/16-12/31/16 570-915................................... Passenger Vehicle and Light Truck Tires C- 1/1/16-12/31/16 570-017................................... Sodium Nitrite C-570-926................... 1/1/16-12/31/16 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- [[Page 35756]] 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 August 2017. If the Department does not receive, by the last day of August 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: July 13, 2017. James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-16158 Filed 7-31-17; 8:45 am] BILLING CODE 3510-DS-P
![35754 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
Department will grant the request unless FOR FURTHER INFORMATION CONTACT: substantial amount of detailed
it finds compelling reasons to deny it. Brenda E. Waters, Office of AD/CVD information and analysis, which often
On July 10, 2017, the petitioner 2 Operations, Customs Liaison Unit, require follow-up questions and
submitted a timely request that the Enforcement and Compliance, analysis. Accordingly, the Department
Department postpone the preliminary International Trade Administration, will not conduct collapsing analyses at
determinations in these LTFV U.S. Department of Commerce, 1401 the respondent selection phase of a
investigations.3 The petitioner stated Constitution Avenue NW., Washington, review and will not collapse companies
that it requests postponement to provide DC 20230, telephone: (202) 482–4735. at the respondent selection phase unless
adequate time for the Department to there has been a determination to
Background
issue supplemental questionnaires and collapse certain companies in a
receive responses.4 The petitioner Each year during the anniversary previous segment of this antidumping
further stated that these investigations month of the publication of an proceeding (i.e., investigation,
involve complex issues, including antidumping or countervailing duty administrative review, new shipper
further manufacturing, purchases of order, finding, or suspended review or changed circumstances
major inputs from affiliated parties, and investigation, an interested party, as review). For any company subject to a
the application of the ‘‘special rule’’ defined in section 771(9) of the Tariff review, if the Department determined,
under section 772(e) of the Act.5 Act of 1930, as amended (the Act), may or continued to treat, that company as
For the reasons stated above and request, in accordance with 19 CFR collapsed with others, the Department
because there are no compelling reasons 351.213, that the Department of will assume that such companies
to deny the request, the Department, in Commerce (the Department) conduct an continue to operate in the same manner
accordance with section 733(c)(1)(A) of administrative review of that and will collapse them for respondent
the Act, is postponing the deadline for antidumping or countervailing duty selection purposes. Otherwise, the
the preliminary determinations by 50 order, finding, or suspended Department will not collapse companies
days (i.e., 190 days after the date on investigation. for purposes of respondent selection.
which these investigations were All deadlines for the submission of Parties are requested to (a) identify
initiated). As a result, the Department comments or actions by the Department which companies subject to review
will issue its preliminary discussed below refer to the number of previously were collapsed, and (b)
determinations no later than October 4, calendar days from the applicable provide a citation to the proceeding in
2017. In accordance with section starting date. which they were collapsed. Further, if
735(a)(1) of the Act and 19 CFR Respondent Selection companies are requested to complete a
351.210(b)(1), the deadline for the final Quantity and Value Questionnaire for
In the event the Department limits the purposes of respondent selection, in
determinations of these investigations
number of respondents for individual general each company must report
will be 75 days after the date of
examination for administrative reviews volume and value data separately for
publication of the preliminary
initiated pursuant to requests made for itself. Parties should not include data
determinations, unless postponed at a
the orders identified below, the for any other party, even if they believe
later date.
Department intends to select they should be treated as a single entity
This notice is issued and published
respondents based on U.S. Customs and with that other party. If a company was
pursuant to section 733(c)(2) of the Act
Border Protection (CBP) data for U.S. collapsed with another company or
and 19 CFR 351.205(f)(1).
imports during the period of review. We companies in the most recently
Dated: July 26, 2017. intend to release the CBP data under completed segment of a proceeding
Gary Taverman, Administrative Protective Order (APO) where the Department considered
Deputy Assistant Secretary for Antidumping to all parties having an APO within five collapsing that entity, complete quantity
and Countervailing Duty Operations, days of publication of the initiation and value data for that collapsed entity
performing the non-exclusive functions and notice and to make our decision must be submitted.
duties of the Assistant Secretary for regarding respondent selection within
Enforcement and Compliance. 21 days of publication of the initiation Deadline for Withdrawal of Request for
[FR Doc. 2017–16161 Filed 7–31–17; 8:45 am] Federal Register notice. Therefore, we Administrative Review
BILLING CODE 3510–DS–P encourage all parties interested in Pursuant to 19 CFR 351.213(d)(1), a
commenting on respondent selection to party that requests a review may
submit their APO applications on the withdraw that request within 90 days of
DEPARTMENT OF COMMERCE date of publication of the initiation the date of publication of the notice of
notice, or as soon thereafter as possible. initiation of the requested review. The
International Trade Administration
The Department invites comments regulation provides that the Department
Antidumping or Countervailing Duty regarding the CBP data and respondent may extend this time if it is reasonable
Order, Finding, or Suspended selection within five days of placement to do so. In order to provide parties
Investigation; Opportunity to Request of the CBP data on the record of the additional certainty with respect to
Administrative Review review. when the Department will exercise its
In the event the Department decides discretion to extend this 90-day
AGENCY: Enforcement and Compliance, it is necessary to limit individual deadline, interested parties are advised
International Trade Administration, examination of respondents and that, with regard to reviews requested
Department of Commerce. conduct respondent selection under on the basis of anniversary months on
mstockstill on DSK30JT082PROD with NOTICES
section 777A(c)(2) of the Act: or after August 2017, the Department
2 The petitioner in these investigations is Globe
In general, the Department finds that does not intend to extend the 90-day
Specialty Metals, Inc. determinations concerning whether deadline unless the requestor
3 See Letter from the petitioner, ‘‘Request for
Postponement of Preliminary Determinations,’’
particular companies should be demonstrates that an extraordinary
dated July 10, 2017. ‘‘collapsed’’ (i.e., treated as a single circumstance prevented it from
4 Id. entity for purposes of calculating submitting a timely withdrawal request.
5 Id. antidumping duty rates) require a Determinations by the Department to
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![35756 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
Market Economy Antidumping Web site at http://access.trade.gov.5 be recruited, organized and
Proceedings: Assessment of Further, in accordance with 19 CFR implemented by ITA. These missions
Antidumping Duties, 76 FR 65694 351.303(f)(l)(i), a copy of each request are:
(October 24, 2011), the Department must be served on the petitioner and • 10th Annual U.S. Industry Program
clarified its practice with respect to the each exporter or producer specified in at the International Atomic Energy
collection of final antidumping duties the request. Agency (IAEA) General Conference
on imports of merchandise where The Department will publish in the Trade Mission to Vienna, Austria—
intermediate firms are involved. The Federal Register a notice of ‘‘Initiation September 18–19, 2017
public should be aware of this of Administrative Review of • Smart Grid and Energy Storage
clarification in determining whether to Antidumping or Countervailing Duty Business Development Trade Mission to
request an administrative review of Order, Finding, or Suspended India—March 5–9, 2018
merchandise subject to antidumping Investigation’’ for requests received by • Horizontal Trade Mission to the
findings and orders.2 the last day of August 2017. If the Caribbean in Conjunction with Trade
Department does not receive, by the last Americas—Business Opportunities in
The Department no longer considers the Caribbean Region Conference—May
day of August 2017, a request for review
the non-market economy (NME) entity 6–11, 2018
of entries covered by an order, finding,
as an exporter conditionally subject to
or suspended investigation listed in this • Oil and Gas Trade Mission to Rio de
an antidumping duty administrative notice and for the period identified Janeiro, Brazil—September 19–21, 2018
reviews.3 Accordingly, the NME entity above, the Department will instruct CBP A summary of each mission is found
will not be under review unless the below. Application information and
to assess antidumping or countervailing
Department specifically receives a more detailed mission information,
duties on those entries at a rate equal to
request for, or self-initiates, a review of including the commercial setting and
the cash deposit of (or bond for)
the NME entity.4 In administrative sector information, can be found at the
estimated antidumping or
reviews of antidumping duty orders on trade mission Web site: http://
countervailing duties required on those
merchandise from NME countries where export.gov/trademissions.
entries at the time of entry, or For each mission, recruitment will be
a review of the NME entity has not been withdrawal from warehouse, for
initiated, but where an individual conducted in an open and public
consumption and to continue to collect manner, including publication in the
exporter for which a review was the cash deposit previously ordered.
initiated does not qualify for a separate Federal Register, posting on the
For the first administrative review of
rate, the Department will issue a final Commerce Department trade mission
any order, there will be no assessment
decision indicating that the company in calendar (http://export.gov/
of antidumping or countervailing duties
question is part of the NME entity. trademissions) and other Internet Web
on entries of subject merchandise
However, in that situation, because no sites, press releases to general and trade
entered, or withdrawn from warehouse,
review of the NME entity was media, direct mail, broadcast fax,
for consumption during the relevant
conducted, the NME entity’s entries notices by industry trade associations
provisional-measures ‘‘gap’’ period of
were not subject to the review and the and other multiplier groups, and
the order, if such a gap period is
rate for the NME entity is not subject to publicity at industry meetings,
applicable to the period of review.
change as a result of that review This notice is not required by statute symposia, conferences, and trade shows.
(although the rate for the individual The following Conditions for
but is published as a service to the
exporter may change as a function of the Participation will be used for each
international trading community.
finding that the exporter is part of the mission: Applicants must submit a
Dated: July 13, 2017. completed and signed mission
NME entity).
James Maeder, application and supplemental
Following initiation of an Senior Director performing the duties of application materials, including
antidumping administrative review Deputy Assistant Secretary for Antidumping adequate information on their products
when there is no review requested of the and Countervailing Duty Operations. and/or services, primary market
NME entity, the Department will [FR Doc. 2017–16158 Filed 7–31–17; 8:45 am] objectives, and goals for participation. If
instruct CBP to liquidate entries for all BILLING CODE 3510–DS–P the Department of Commerce receives
exporters not named in the initiation an incomplete application, the
notice, including those that were Department may either: Reject the
suspended at the NME entity rate. DEPARTMENT OF COMMERCE application, request additional
All requests must be filed information/clarification, or take the
International Trade Administration
electronically in Enforcement and lack of information into account when
Compliance’s Antidumping and Calendar of Upcoming 2018 Trade evaluating the application. If the
Countervailing Duty Centralized Missions requisite minimum number of
Electronic Service System (ACCESS) on participants is not selected for a
Enforcement and Compliance’s ACCESS AGENCY: International Trade particular mission by the recruitment
Administration, Department of deadline, the mission may be cancelled.
2 See also the Enforcement and Compliance Web Commerce. Each applicant must also certify that
site at http://trade.gov/enforcement/. ACTION: Notice. the products and services it seeks to
3 See Antidumping Proceedings: Announcement
export through the mission are either
of Change in Department Practice for Respondent SUMMARY: The United States Department produced in the United States, or, if not,
mstockstill on DSK30JT082PROD with NOTICES
Selection in Antidumping Duty Proceedings and of Commerce, International Trade
Conditional Review of the Nonmarket Economy are marketed under the name of a U.S.
Entity in NME Antidumping Duty Proceedings, 78
Administration (ITA) is announcing firm and have at least fifty-one percent
FR 65963 (November 4, 2013). four upcoming trade missions that will U.S. content by value. In the case of a
4 In accordance with 19 CFR 351.213(b)(1), parties
trade association or organization, the
should specify that they are requesting a review of 5 See Antidumping and Countervailing Duty
entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures;
applicant must certify that, for each firm
the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR or service provider to be represented by
exporters in their request. 39263 (July 6, 2011). the association/organization, the
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Document Created: 2018-10-24 11:43:12
Document Modified: 2018-10-24 11:43:12
| 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 35754 |
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