82 FR 50620 - 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 210 (November 1, 2017)
International Trade Administration
Federal Register Volume 82, Issue 210 (November 1, 2017)
| Page Range | 50620-50622 | |
| FR Document | 2017-23761 |
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)] [Notices] [Pages 50620-50622] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23761] [[Page 50620]] ----------------------------------------------------------------------- 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 November 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 November 2017,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in November 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 BRAZIL: Circular Welded Non-Alloy Steel Pipe A-351- 11/1/16-10/31/17 809................................................. INDIA: Welded Stainless Pressure Pipe A-533-867...... 5/10/16-10/31/17 INDONESIA: Certain Coated Paper Suitable for High-Quality 11/1/16-10/31/17 Print Graphics Using Sheet-Fed Presses A-560-823 Monosodium Glutamate A-560-826................... 11/1/16-10/31/17 MEXICO: [[Page 50621]] Certain Circular Welded Non-Alloy Steel Pipe A- 11/1/16-10/31/17 201-805......................................... Seamless Refined Copper Pipe and Tube A-201-838.. 11/1/16-10/31/17 Steel Concrete Reinforcing Bar A-201-844......... 11/1/16-10/31/17 REPUBLIC OF KOREA: Certain Circular Welded Non-Alloy 11/1/16-10/31/17 Steel Pipe A-580-809 TAIWAN: Certain Circular Welded Non-Alloy Steel Pipe A- 11/1/16-10/31/17 583-814......................................... Certain Hot-Rolled Carbon Steel Flat Products A- 11/1/16-10/31/17 583-835......................................... THAILAND: Certain Hot-Rolled Carbon Steel Flat 11/1/16-10/31/17 Products A-549-817.................................. THE PEOPLE'S REPUBLIC OF CHINA: Certain Cut-To-Length Carbon Steel A-570-849..... 11/1/16-10/31/17 Certain Hot-Rolled Carbon Steel Flat Products A- 11/1/16-10/31/17 570-865......................................... Coated Paper Suitable for High-Quality Print 11/1/16-10/31/17 Graphics Using Sheet-Fed Presses A-570-958...... Diamond Sawblades and Parts Thereof A-570-900.... 11/1/16-10/31/17 Fresh Garlic A-570-831........................... 11/1/16-10/31/17 Lightweight Thermal Paper A-570-920.............. 11/1/16-10/31/17 Monosodium Glutamate A-570-992................... 11/1/16-10/31/17 Paper Clips A-570-826............................ 11/1/16-10/31/17 Polyethylene Terephthalate (Pet) Film A-570-924.. 11/1/16-10/31/17 Pure Magnesium in Granular Form A-570-864........ 11/1/16-10/31/17 Refined Brown Aluminum Oxide A-570-882........... 11/1/16-10/31/17 Seamless Carbon and Alloy Steel Standard, Line, 11/1/16-10/31/17 and Pressure Pipe A-570-956..................... Seamless Refined Copper Pipe and Tube A-570-964.. 11/1/16-10/31/17 UKRAINE: Certain Hot-Rolled Carbon Steel Flat 11/1/16-10/31/17 Products A-823-811.................................. UNITED ARAB EMIRATES: Polyethylene Terephthalate 11/1/16-10/31/17 (Pet) Film A-520-803................................ Countervailing Duty Proceedings: INDIA: Welded Stainless Pressure Pipe C-533-868...... 3/11/16-12/31/16 INDONESIA: Certain Coated Paper Suitable for High- 1/1/16-12/31/16 Quality Print Graphics Using Sheet-Fed Presses C-560- 824................................................. THE PEOPLE'S REPUBLIC OF CHINA: Certain Coated Paper Suitable for High-Quality 1/1/16-12/31/16 Print Graphics Using Sheet-Fed Presses C-570-959 Chlorinated Isocyanurates C-570-991.............. 1/1/16-12/31/16 Lightweight Thermal Paper C-570-921.............. 1/1/16-12/31/16 Seamless Carbon and Alloy Steel Standard, Line, 1/1/16-12/31/16 and Pressure Pipe C-570-957..................... TURKEY: Steel Concrete Reinforcing Bar C-489-819..... 1/1/16-12/31/16 Suspension Agreements: UKRAINE: Certain Cut-To-Length Carbon Steel A-823-808 11/1/16-10/31/17 ------------------------------------------------------------------------ In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non- Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.\2\ --------------------------------------------------------------------------- \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. --------------------------------------------------------------------------- The Department no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.\3\ Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.\4\ In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. [[Page 50622]] 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 November 2017. If the Department does not receive, by the last day of November 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: October 17, 2017. James Maeder, Senior Director perfoming the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017-23761 Filed 10-31-17; 8:45 am] BILLING CODE 3510-DS-P
![50622 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices
However, in that situation, because no Dated: October 17, 2017. determination. Under 19 CFR
review of the NME entity was James Maeder, 351.205(e), the petitioner must submit a
conducted, the NME entity’s entries Senior Director perfoming the duties of request for postponement 25 days or
were not subject to the review and the Deputy Assistant Secretary for Antidumping more before the scheduled date of the
rate for the NME entity is not subject to and Countervailing Duty Operations. preliminary determination and must
change as a result of that review [FR Doc. 2017–23761 Filed 10–31–17; 8:45 am] state the reasons for the request. The
(although the rate for the individual BILLING CODE 3510–DS–P Department will grant the request unless
exporter may change as a function of the it finds compelling reasons to deny the
finding that the exporter is part of the request. See 19 CFR 351.205(e).
NME entity). DEPARTMENT OF COMMERCE
Following initiation of an On October 11, 2017, Archer Daniels
antidumping administrative review International Trade Administration Midland Company (ADM); Cargill
when there is no review requested of the [A–423–813, A–301–803, A–549–833]
Incorporated (Cargill); and Tate & Lyle
NME entity, the Department will Ingredients America LLC (Tate & Lyle)
instruct CBP to liquidate entries for all Citric Acid and Certain Citrate Salts (collectively, the petitioners) submitted
exporters not named in the initiation From Belgium, Colombia, and timely requests pursuant to section
notice, including those that were Thailand: Postponement of Preliminary 703(c)(1)(A) of the Act and 19 CFR
suspended at the NME entity rate. Determinations of Less-Than-Fair- 351.205(e) to postpone the preliminary
All requests must be filed Value Investigations determinations in these LTFV
electronically in Enforcement and investigations.2 The petitioners stated
Compliance’s Antidumping and AGENCY: Enforcement and Compliance,
that they request postponement because
Countervailing Duty Centralized International Trade Administration,
Department of Commerce. the Department is still gathering data
Electronic Service System (ACCESS) on and questionnaire responses from the
Enforcement and Compliance’s ACCESS DATES: Applicable November 1, 2017. foreign producers in these
Web site at http://access.trade.gov.5 FOR FURTHER INFORMATION CONTACT: Paul investigations, and additional time is
Further, in accordance with 19 CFR Stolz at (202) 482–4474 (Belgium); necessary for the Department and
351.303(f)(l)(i), a copy of each request Stephanie Moore at (202) 482–3692 interested parties to fully and properly
must be served on the petitioner and (Colombia); and Joy Zhang at (202) 482– analyze all questionnaire responses.
each exporter or producer specified in 1168 (Thailand), AD/CVD Operations,
the request. Enforcement and Compliance, U.S. For the reasons stated above and
The Department will publish in the Department of Commerce, 1401 because there are no compelling reasons
Federal Register a notice of ‘‘Initiation Constitution Avenue NW., Washington, to deny the request, the Department, in
of Administrative Review of DC 20230. accordance with section 733(c)(1)(A) of
Antidumping or Countervailing Duty SUPPLEMENTARY INFORMATION: the Act, is postponing the deadline for
Order, Finding, or Suspended the preliminary determinations by 50
Investigation’’ for requests received by Background days (i.e., 190 days after the date on
the last day of November 2017. If the On June 22, 2017, the Department of which these investigations were
Department does not receive, by the last Commerce (the Department) initiated initiated). As a result, the Department
day of November 2017, a request for less-than-fair- value (LTFV) will issue its preliminary
review of entries covered by an order, investigations of imports of citric acid determinations no later than December
finding, or suspended investigation and certain citrate salts (citric acid) from 29, 2017. In accordance with section
listed in this notice and for the period Belgium, Colombia, and Thailand.1 735(a)(1) of the Act and 19 CFR
identified above, the Department will Currently, the preliminary 351.210(b)(1), the deadline for the final
instruct CBP to assess antidumping or determinations are due no later than determinations of these investigations
countervailing duties on those entries at November 9, 2017. will continue to be 75 days after the
a rate equal to the cash deposit of (or Section 733(b)(1)(A) of the Tariff Act date of publication of the preliminary
bond for) estimated antidumping or of 1930, as amended (the Act), requires
determinations, unless postponed at a
countervailing duties required on those the Department to issue the preliminary
later date.
entries at the time of entry, or determination in a LTFV investigation
withdrawal from warehouse, for within 140 days after the date on which This notice is issued and published
consumption and to continue to collect the Department initiated the pursuant to section 733(c)(2) of the Act
the cash deposit previously ordered. investigation. However, section and 19 CFR 351.205(f)(1).
For the first administrative review of 733(c)(1)) of the Act permits the Dated: October 20, 2017.
any order, there will be no assessment Department to postpone the preliminary
Carole Showers,
of antidumping or countervailing duties determination until no later than 190
on entries of subject merchandise days after the date on which the Executive Director, Office of Policy
performing the duties of the Deputy Assistant
entered, or withdrawn from warehouse, Department initiated the investigation
Secretary for Enforcement and Compliance.
for consumption during the relevant if: (A) The petitioner makes a timely
[FR Doc. 2017–23753 Filed 10–31–17; 8:45 am]
provisional-measures ‘‘gap’’ period of request for a postponement; or (B) the
the order, if such a gap period is Department concludes that the parties BILLING CODE 3510–DS–P
applicable to the period of review. concerned are cooperating, that the
sradovich on DSK3GMQ082PROD with NOTICES
This notice is not required by statute investigation is extraordinarily
but is published as a service to the complicated, and that additional time is
international trading community. necessary to make a preliminary 2 See letters from the petitioners, ‘‘Antidumping
Duty Investigations of Citric Acid and Certain
5 See Antidumping and Countervailing Duty 1 See Citric Acid and Certain Citrate Salts From Citrate Salts From Belgium, Colombia and
Proceedings: Electronic Filing Procedures; Belgium, Colombia, and Thailand: Initiation of Thailand: Petitioners’ Request for Postponement of
Administrative Protective Order Procedures, 76 FR Less-Than-Fair-Value Investigations, 82 FR 29828 Preliminary Determinations,’’ dated October 11,
39263 (July 6, 2011). (June 30, 2017). 2017.
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Document Created: 2017-11-01 02:02:33
Document Modified: 2017-11-01 02:02:33
| 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 50620 |
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