83 FR 13949 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 63 (April 2, 2018)
International Trade Administration
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13949-13951 | |
| FR Document | 2018-06609 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Notices] [Pages 13949-13951] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06609] ----------------------------------------------------------------------- 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. Brown, 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 (Commerce) 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 Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce 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. Commerce 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 Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce 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, Commerce 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 Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce 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 Commerce 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 Commerce may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when Commerce 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 April 2018, Commerce 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 Commerce to extend the 90-day deadline will be made on a case-by-case basis. Commerce is providing this notice on its website, as well as in its ``Opportunity to Request Administrative Review'' notices, so that interested parties will be aware of the manner in which Commerce intends to exercise its discretion in the future. Opportunity To Request a Review: Not later than the last day of April 2018,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April for the following periods: --------------------------------------------------------------------------- \1\ Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. ------------------------------------------------------------------------ Period of review ------------------------------------------------------------------------ Antidumping Duty Proceedings Republic of Korea: Phosphor Copper, A-580-885........ 10/14/16-3/31/18 The People's Republic of China: 1,1,1,2-Tetrafluoroethane (R-134A), A-570-044.... 10/7/16-3/31/18 [[Page 13950]] Activated Carbon, A-570-904...................... 4/1/17-3/31/18 Drawn Stainless Steel Sinks, A-570-983........... 4/1/17-3/31/18 Magnesium Metal, A-570-896....................... 4/1/17-3/31/18 Non-Malleable Cast Iron Pipe Fittings, A-570-875. 4/1/17-3/31/18 Stainless Steel Sheet and Strip, A-570-042....... 9/19/16-3/31/18 Steel Threaded Rod, A-570-932.................... 4/1/17-3/31/18 Countervailing Duty Proceedings The People's Republic of China: Drawn Stainless Steel Sinks, C-570-984........... 1/1/17-12/31/17 Stainless Steel Sheet and Strip, C-570-043....... 7/18/16-12/31/17 ------------------------------------------------------------------------ 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 Commerce was unable to locate in prior segments, Commerce 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), Commerce 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 website at http://trade.gov/enforcement/. --------------------------------------------------------------------------- Commerce 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 Commerce 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, Commerce 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, Commerce 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 website 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). --------------------------------------------------------------------------- Commerce 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 April 2018. If Commerce does not receive, by the last day of April 2018, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of 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 13951]] Dated: March 22, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-06609 Filed 3-30-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices 13949
Dated: March 12, 2018. intends to select respondents based on (b) provide a citation to the proceeding
James Maeder, U.S. Customs and Border Protection in which they were collapsed. Further,
Associate Deputy Assistant Secretary for (CBP) data for U.S. imports during the if companies are requested to complete
Antidumping and Countervailing Duty period of review. We intend to release a Quantity and Value Questionnaire for
Operations performing the duties of Deputy the CBP data under Administrative purposes of respondent selection, in
Assistant Secretary for Antidumping and Protective Order (APO) to all parties general each company must report
Countervailing Duty Operations. having an APO within five days of volume and value data separately for
[FR Doc. 2018–06610 Filed 3–30–18; 8:45 am] publication of the initiation notice and itself. Parties should not include data
BILLING CODE 3510–DS–P to make our decision regarding for any other party, even if they believe
respondent selection within 21 days of they should be treated as a single entity
publication of the initiation Federal with that other party. If a company was
DEPARTMENT OF COMMERCE Register notice. Therefore, we collapsed with another company or
encourage all parties interested in companies in the most recently
International Trade Administration commenting on respondent selection to completed segment of a proceeding
submit their APO applications on the where Commerce considered collapsing
Antidumping or Countervailing Duty
date of publication of the initiation that entity, complete quantity and value
Order, Finding, or Suspended
notice, or as soon thereafter as possible. data for that collapsed entity must be
Investigation; Opportunity To Request
Commerce invites comments regarding submitted.
Administrative Review
the CBP data and respondent selection
AGENCY: Enforcement and Compliance, within five days of placement of the Deadline for Withdrawal of Request for
International Trade Administration, CBP data on the record of the review. Administrative Review
Department of Commerce. In the event Commerce decides it is Pursuant to 19 CFR 351.213(d)(1), a
FOR FURTHER INFORMATION CONTACT: necessary to limit individual party that requests a review may
Brenda E. Brown, Office of AD/CVD examination of respondents and withdraw that request within 90 days of
Operations, Customs Liaison Unit, conduct respondent selection under the date of publication of the notice of
Enforcement and Compliance, section 777A(c)(2) of the Act: initiation of the requested review. The
International Trade Administration, In general, Commerce finds that
regulation provides that Commerce may
U.S. Department of Commerce, 1401 determinations concerning whether
extend this time if it is reasonable to do
Constitution Avenue NW, Washington, particular companies should be
so. In order to provide parties additional
DC 20230, telephone: (202) 482–4735. ‘‘collapsed’’ (i.e., treated as a single
certainty with respect to when
entity for purposes of calculating
Background Commerce will exercise its discretion to
antidumping duty rates) require a
extend this 90-day deadline, interested
Each year during the anniversary substantial amount of detailed
parties are advised that, with regard to
month of the publication of an information and analysis, which often
reviews requested on the basis of
antidumping or countervailing duty require follow-up questions and
anniversary months on or after April
order, finding, or suspended analysis. Accordingly, Commerce will
2018, Commerce does not intend to
investigation, an interested party, as not conduct collapsing analyses at the
extend the 90-day deadline unless the
defined in section 771(9) of the Tariff respondent selection phase of a review
requestor demonstrates that an
Act of 1930, as amended (the Act), may and will not collapse companies at the
extraordinary circumstance prevented it
request, in accordance with 19 CFR respondent selection phase unless there
from submitting a timely withdrawal
351.213, that the Department of has been a determination to collapse
request. Determinations by Commerce to
Commerce (Commerce) conduct an certain companies in a previous
extend the 90-day deadline will be
administrative review of that segment of this antidumping proceeding
made on a case-by-case basis.
antidumping or countervailing duty (i.e., investigation, administrative
review, new shipper review or changed Commerce is providing this notice on
order, finding, or suspended
circumstances review). For any its website, as well as in its
investigation.
All deadlines for the submission of company subject to a review, if ‘‘Opportunity to Request Administrative
comments or actions by Commerce Commerce determined, or continued to Review’’ notices, so that interested
discussed below refer to the number of treat, that company as collapsed with parties will be aware of the manner in
calendar days from the applicable others, Commerce will assume that such which Commerce intends to exercise its
starting date. companies continue to operate in the discretion in the future.
same manner and will collapse them for Opportunity To Request a Review: Not
Respondent Selection respondent selection purposes. later than the last day of April 2018,1
In the event Commerce limits the Otherwise, Commerce will not collapse interested parties may request
number of respondents for individual companies for purposes of respondent administrative review of the following
examination for administrative reviews selection. Parties are requested to (a) orders, findings, or suspended
initiated pursuant to requests made for identify which companies subject to investigations, with anniversary dates in
the orders identified below, Commerce review previously were collapsed, and April for the following periods:
Period of review
Antidumping Duty Proceedings
daltland on DSKBBV9HB2PROD with NOTICES
Republic of Korea: Phosphor Copper, A–580–885 ....................................................................................................................... 10/14/16–3/31/18
The People’s Republic of China:
1,1,1,2-Tetrafluoroethane (R–134A), A–570–044 .................................................................................................................. 10/7/16–3/31/18
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices 13951
Dated: March 22, 2018. FOR FURTHER INFORMATION CONTACT: States and have expertise in both U.S.
James Maeder, David Ritchie, International Trade privacy law and European or Swiss data
Associate Deputy Assistant Secretary for Administration, 202–482–4936 or protection law. Applicants shall not be
Antidumping and Countervailing Duty david.ritchie@trade.gov. subject to any instructions from, or be
Operations performing the duties of Deputy SUPPLEMENTARY INFORMATION: The affiliated with, any Privacy Shield
Assistant Secretary for Antidumping and Swiss-U.S. Privacy Shield Framework organization, or the U.S., Switzerland,
Countervailing Duty Operations. was designed by the U.S. Department of EU, or any EU Member State or any
[FR Doc. 2018–06609 Filed 3–30–18; 8:45 am] Commerce (DOC) and the Swiss other governmental authority, public
BILLING CODE 3510–DS–P Administration (Swiss) to provide authority or enforcement authority.
companies in both Switzerland and the Eligible individuals will be evaluated
United States with a mechanism to on the basis of independence, integrity,
DEPARTMENT OF COMMERCE comply with data protection and expertise:
requirements when transferring Independence:
International Trade Administration
personal data from Switzerland to the • Freedom from bias and prejudice.
[Docket No.: 180320298–8298–01]
United States in support of transatlantic Integrity:
commerce. On January 12, 2017, the
Swiss deemed the Swiss-U.S. Privacy • Held in the highest regard by peers
RIN 0625–XC038 for integrity, fairness and good
Shield Framework (Swiss Privacy
Shield) adequate to enable data transfers judgment.
Swiss-U.S. Privacy Shield; Invitation
for Applications for Inclusion on the under Swiss law, and on April 12, 2017, • Demonstrates high ethical standards
Supplemental List of Arbitrators the DOC began accepting self- and commitment necessary to be an
certifications from U.S. companies to arbitrator.
AGENCY: International Trade join the program (82 FR 16375; April 12, Expertise:
Administration, U.S. Department of 2017). For more information on the Required:
Commerce. Privacy Shield, visit • Admission to practice law in the
ACTION: Notice; Invitation for www.privacyshield.gov. United States.
applications. As described in Annex I of the Swiss • Level of demonstrated expertise in
Privacy Shield, the DOC and the Swiss U.S. privacy law and European or Swiss
SUMMARY: Under the Swiss-U.S. Privacy have committed to implement an data protection law.
Shield Framework, the U.S. Department arbitration mechanism to provide Swiss
of Commerce (DOC) and the Swiss Other expertise that may be
individuals with the ability to invoke considered includes any of the
Administration have committed to binding arbitration to determine, for
implement an arbitration mechanism as following:
residual claims, whether an
set forth in Annex I, to provide Swiss organization has violated its obligations • Relevant educational degrees and
individuals with the ability to invoke under the Privacy Shield. Organizations professional licenses.
binding arbitration to determine, for voluntarily self-certify to the Swiss • Relevant professional or academic
residual claims, whether an Privacy Shield and, upon certification, experience or legal practice.
organization has violated its obligations the commitments the organization has • Relevant training or experience in
under the Privacy Shield Framework. made to comply with the Swiss Privacy arbitration or other forms of dispute
The DOC and the Swiss Administration Shield become legally enforceable under resolution.
will work together to implement the U.S. law. Organizations that self-certify Evaluation of applications for
arbitration mechanism, including by to the Swiss Privacy Shield commit to inclusion on the list of arbitrators will
jointly developing a list of up to five binding arbitration of residual claims if be undertaken by the DOC and the
arbitrators with European or Swiss the individual chooses to exercise that Swiss Administration. Selected
expertise to supplement the list of option. Under the arbitration option, a applicants will remain on the list for a
arbitrators developed under the EU-U.S. Privacy Shield Panel 1 (consisting of one period of 3 years, absent exceptional
Privacy Shield Framework. Parties to a or three arbitrators, as agreed by the circumstances, change in eligibility, or
binding arbitration under this Swiss- parties) has the authority to impose for cause, renewable for one additional
U.S. Privacy Shield mechanism may individual-specific, non-monetary period of 3 years.
only select arbitrators from the list equitable relief (such as access, The DOC selected the International
developed under the EU-U.S. Privacy correction, deletion, or return of the Centre for Dispute Resolution-American
Shield Framework to be supplemented individual’s data in question) necessary Arbitration Association (ICDR–AAA) as
by this list. This notice announces the to remedy the violation of the Swiss administrator for Privacy Shield
opportunity to apply for inclusion on Privacy Shield only with respect to the arbitrations brought under either the
the Swiss-U.S. Privacy Shield individual. The parties will select the Swiss-U.S. or EU-U.S. Privacy Shield
Supplemental List of Arbitrators arbitrators from the list of arbitrators Frameworks.2 Among other things, the
developed by the DOC and the Swiss described below. ICDR–AAA will facilitate arbitrator fee
Administration. The DOC and the Swiss arrangements, including the collection
DATES: Applications should be received Administration seek to develop a list of and timely payment of arbitrator fees
by Friday April 30th, 2018. up to five arbitrators to supplement the and other expenses. Arbitrators are
list of arbitrators developed under the expected to commit their time and effort
ADDRESSES: Please submit applications
EU-U.S. Privacy Shield Framework. To
daltland on DSKBBV9HB2PROD with NOTICES
when included on the supplemental
to David Ritchie at the U.S. Department be eligible for inclusion on the Swiss-U.S. Privacy Shield List of
of Commerce, either by email at supplemental list, applicants must be Arbitrators and to take reasonable steps
david.ritchie@trade.gov, or by fax at: admitted to practice law in the United
202–482–5522. More information on the 2 For more information about the selection
arbitration mechanism may be found at 1 The Privacy Shield Panel would govern process and the role of the administrator, see
https://www.trade.gov/td/services/odsi/ arbitration proceedings brought under either the https://www.privacyshield.gov/Arbitration-Fact-
swiss-us-privacyshield-framework.pdf. Swiss-U.S. or EU-U.S. Privacy Shield Frameworks. Sheet.
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Document Created: 2018-11-01 09:08:58
Document Modified: 2018-11-01 09:08:58
| 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. Brown, 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 | 83 FR 13949 |
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