82 FR 46217 - 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 191 (October 4, 2017)

[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46217-46219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21339]


-----------------------------------------------------------------------

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

[[Page 46218]]

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 
October 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 
October 2017,\1\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in October 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
 
AUSTRALIA: Hot-Rolled Steel Flat Products, A-602-809.    3/22/16-9/30/17
BRAZIL:
    Carbon and Certain Alloy Steel Wire Rod, A-351-      10/1/16-9/30/17
     832.............................................
    Hot-Rolled Steel Flat Products, A-351-845........    3/22/16-9/30/17
INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A-   10/1/16-9/30/17
 560-815.............................................
ITALY: Pressure Sensitive Plastic Tape, A-475-059....    10/1/16-9/30/17
JAPAN: Hot-Rolled Steel Flat Products, A-588-874.....    3/22/16-9/30/17
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/16-9/30/17
 201-830.............................................
MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A-     10/1/16-9/30/17
 841-805.............................................
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A-    3/22/16-9/30/17
 580-883.............................................
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A-      3/22/16-9/30/17
 421-813.............................................
THE PEOPLE'S REPUBLIC OF CHINA:
    Barium Carbonate, A-570-880......................    10/1/16-9/30/17
    Barium Chloride, A-570-007.......................    10/1/16-9/30/17
    Boltless Steel Shelving Units Prepackaged For        10/1/16-9/30/17
     Sale, A-570-018.................................
    Electrolytic Manganese Dioxide, A-570-919........    10/1/16-9/30/17
    Helical Spring Lock Washers, A-570-822...........    10/1/16-9/30/17
    Polyvinyl Alcohol, A-570-879.....................    10/1/16-9/30/17
    Steel Wire Garment Hangers, A-570-918............    10/1/16-9/30/17
TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel      10/1/16-9/30/17
 Wire Rod, A-274-804.................................
TURKEY: Hot-Rolled Steel Flat Products, A-489-826....    3/22/16-9/30/17
UNITED KINGDOM: Hot-Rolled Steel Flat Products, A-412-   3/22/16-9/30/17
 825.................................................
 
           Countervailing Duty Proceedings
 
BRAZIL:
    Carbon and Certain Alloy Steel Wire Rod, C-351-      1/1/16-12/31/16
     833.............................................
    Hot-Rolled Steel Flat Products, C-351-846........   1/15/16-12/31/16
IRAN: Roasted In-Shell Pistachios, C-507-601.........    1/1/16-12/31/16
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C-   8/12/16-12/31/16
 580-884.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Boltless Steel           1/1/16-12/31/16
 Shelving Units Prepackaged for Sale, C-570-019......
 
                Suspension Agreements
 
RUSSIA: Uranium, A-821-802...........................    10/1/16-9/30/16
------------------------------------------------------------------------

    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

[[Page 46219]]

finding or an antidumping or countervailing duty order or suspension 
agreement for which it is requesting a review. In addition, a domestic 
interested party or an interested party described in section 771(9)(B) 
of the Act must state why it desires the Secretary to review those 
particular producers or exporters. If the interested party intends for 
the Secretary to review sales of merchandise by an exporter (or a 
producer if that producer also exports merchandise from other 
suppliers) which was produced in more than one country of origin and 
each country of origin is subject to a separate order, then the 
interested party must state specifically, on an order-by-order basis, 
which exporter(s) the request is intended to cover.
    Note that, for any party the Department was unable to locate in 
prior segments, the Department will not accept a request for an 
administrative review of that party absent new information as to the 
party's location. Moreover, if the interested party who files a request 
for review is unable to locate the producer or exporter for which it 
requested the review, the interested party must provide an explanation 
of the attempts it made to locate the producer or exporter at the same 
time it files its request for review, in order for the Secretary to 
determine if the interested party's attempts were reasonable, pursuant 
to 19 CFR 351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), the Department clarified its 
practice with respect to the collection of final antidumping duties on 
imports of merchandise where intermediate firms are involved. The 
public should be aware of this clarification in determining whether to 
request an administrative review of merchandise subject to antidumping 
findings and orders.\2\
---------------------------------------------------------------------------

    \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.
---------------------------------------------------------------------------

    The Department no longer considers the non-market economy (NME) 
entity as an exporter conditionally subject to an antidumping duty 
administrative reviews.\3\ Accordingly, the NME entity will not be 
under review unless the Department specifically receives a request for, 
or self-initiates, a review of the NME entity.\4\ In administrative 
reviews of antidumping duty orders on merchandise from NME countries 
where a review of the NME entity has not been initiated, but where an 
individual exporter for which a review was initiated does not qualify 
for a separate rate, the Department will issue a final decision 
indicating that the company in question is part of the NME entity. 
However, in that situation, because no review of the NME entity was 
conducted, the NME entity's entries were not subject to the review and 
the rate for the NME entity is not subject to change as a result of 
that review (although the rate for the individual exporter may change 
as a function of the finding that the exporter is part of the NME 
entity). 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.
---------------------------------------------------------------------------

    \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 October 2017. If the Department does not receive, by 
the last day of October 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: September 28, 2017.
James Maeder,
Senior Director perfoming the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-21339 Filed 10-3-17; 8:45 am]
 BILLING CODE 3510-DS-P