83 FR 25429 - 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 106 (June 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 106 (June 1, 2018)
| Page Range | 25429-25431 | |
| FR Document | 2018-11814 |
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)] [Notices] [Pages 25429-25431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11814] ----------------------------------------------------------------------- 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. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. [[Page 25430]] Opportunity to Request A Review: Not later than the last day of June 2018,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in June 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 Commerce is closed. ------------------------------------------------------------------------ Period of review ------------------------------------------------------------------------ Antidumping Duty Proceedings JAPAN: Carbon and Alloy Seamless Standard, Line and 6/1/17-5/31/18 Pressure Pipe (Over 4 \1/2\ Inches), A-588-850...... JAPAN: Carbon and Alloy Seamless Standard, Line and 6/1/17-5/31/18 Pressure Pipe (Under 4 \1/2\ Inches),A-588-851...... MEXICO: Prestressed Concrete Steel Rail Tie Wire, A- 6/1/17-5/31/18 201-843............................................. SPAIN: Chlorinated Isocyanurates, A-469-814.......... 6/1/17-5/31/18 SPAIN: Finished Carbon Steel Flanges, A-469-815...... 2/8/17-5/31/18 TAIWAN: Helical Spring Lock Washers, A-583-820....... 6/1/17-5/31/18 THE PEOPLE'S REPUBLIC OF CHINA: Artist Canvas, A-570- 6/1/17-5/31/18 899................................................. THE PEOPLE'S REPUBLIC OF CHINA: Chlorinated 6/1/17-5/31/18 Isocyanurates, A-570-898............................ THE PEOPLE'S REPUBLIC OF CHINA: Furfuryl Alcohol, A- 6/1/17-5/31/18 570-835............................................. THE PEOPLE'S REPUBLIC OF CHINA: High Pressure Steel 6/1/17-5/31/18 Cylinders, A-570-977................................ THE PEOPLE'S REPUBLIC OF CHINA: Prestressed Concrete 6/1/17-5/31/18 Steel Wire Strand, A-570-945........................ THE PEOPLE'S REPUBLIC OF CHINA: Prestressed Concrete 6/1/17-5/31/18 Steel Rail Tie Wire, A-570-990...................... THE PEOPLE'S REPUBLIC OF CHINA: Polyester Staple 6/1/17-5/31/18 Fiber, A-570-905.................................... THE PEOPLE'S REPUBLIC OF CHINA: Silicon Metal, A-570- 6/1/17-5/31/18 806................................................. THE PEOPLE'S REPUBLIC OF CHINA: Tapered Roller 6/1/17-5/31/18 Bearings, A-570-601................................. Countervailing Duty Proceedings THE PEOPLE'S REPUBLIC OF CHINA: High Pressure Steel 1/1/17-12/31/17 Cylinders, C-570-978................................ ------------------------------------------------------------------------ Suspension Agreements None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party 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 [[Page 25431]] 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 June 2018. If Commerce does not receive, by the last day of June 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. Dated: May 16, 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. 2018-11814 Filed 5-31-18; 8:45 am] BILLING CODE 3510-DS-P
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regulations of the FTZ Board (15 CFR DEPARTMENT OF COMMERCE In the event Commerce decides it is
400.22) was received on May 23, 2018. necessary to limit individual
International Trade Administration examination of respondents and
Tesla, Inc. already has authority to
produce lithium-ion batteries, electric conduct respondent selection under
Antidumping or Countervailing Duty section 777A(c)(2) of the Act:
motors, and stationary energy storage Order, Finding, or Suspended
systems within Subzone 126D. The In general, Commerce finds that
Investigation; Opportunity To Request determinations concerning whether
current request would add three foreign Administrative Review particular companies should be
status materials/components to the
AGENCY: Enforcement and Compliance, ‘‘collapsed’’ (i.e., treated as a single
scope of authority. Pursuant to 15 CFR entity for purposes of calculating
400.14(b), additional FTZ authority International Trade Administration,
Department of Commerce. antidumping duty rates) require a
would be limited to the specific foreign- substantial amount of detailed
status materials/components described FOR FURTHER INFORMATION CONTACT:
information and analysis, which often
in the submitted notification (as Brenda E. Brown, Office of AD/CVD
require follow-up questions and
described below) and subsequently Operations, Customs Liaison Unit,
analysis. Accordingly, Commerce will
authorized by the FTZ Board. Enforcement and Compliance,
not conduct collapsing analyses at the
International Trade Administration,
Production under FTZ procedures respondent selection phase of a review
U.S. Department of Commerce, 1401
could exempt Tesla, Inc. from customs and will not collapse companies at the
Constitution Avenue NW, Washington,
duty payments on the foreign-status respondent selection phase unless there
DC 20230, telephone: (202) 482–4735.
materials/components used in export has been a determination to collapse
production. On its domestic sales, for Background certain companies in a previous
the foreign-status materials/components Each year during the anniversary segment of this antidumping proceeding
noted below, Tesla, Inc. would be able month of the publication of an (i.e., investigation, administrative
to choose the duty rates during customs antidumping or countervailing duty review, new shipper review or changed
entry procedures that apply to lithium- order, finding, or suspended circumstances review). For any
investigation, an interested party, as company subject to a review, if
ion batteries, electric motors, and
defined in section 771(9) of the Tariff Commerce determined, or continued to
stationary energy storage systems (duty
Act of 1930, as amended (the Act), may treat, that company as collapsed with
rate ranges from 2.8 to 3.4%). Tesla, Inc. others, Commerce will assume that such
would be able to avoid duty on foreign- request, in accordance with 19 CFR
351.213, that the Department of companies continue to operate in the
status components which become scrap/ same manner and will collapse them for
waste. Customs duties also could Commerce (Commerce) conduct an
administrative review of that respondent selection purposes.
possibly be deferred or reduced on Otherwise, Commerce will not collapse
foreign-status production equipment. antidumping or countervailing duty
order, finding, or suspended companies for purposes of respondent
The materials/components sourced investigation. selection. Parties are requested to (a)
from abroad include lithium carbonate, All deadlines for the submission of identify which companies subject to
silicon composite material, and acrylic comments or actions by Commerce review previously were collapsed, and
copolymer (duty rate ranges from 3.7% discussed below refer to the number of (b) provide a citation to the proceeding
to 6.3%). calendar days from the applicable in which they were collapsed. Further,
starting date. if companies are requested to complete
Public comment is invited from a Quantity and Value Questionnaire for
interested parties. Submissions shall be Respondent Selection purposes of respondent selection, in
addressed to the Board’s Executive general each company must report
In the event Commerce limits the
Secretary at the address below. The volume and value data separately for
number of respondents for individual
closing period for their receipt is July examination for administrative reviews itself. Parties should not include data
11, 2018. initiated pursuant to requests made for for any other party, even if they believe
A copy of the notification will be the orders identified below, Commerce they should be treated as a single entity
available for public inspection at the intends to select respondents based on with that other party. If a company was
Office of the Executive Secretary, U.S. Customs and Border Protection collapsed with another company or
Foreign-Trade Zones Board, Room (CBP) data for U.S. imports during the companies in the most recently
21013, U.S. Department of Commerce, period of review. We intend to release completed segment of a proceeding
1401 Constitution Avenue NW, the CBP data under Administrative where Commerce considered collapsing
Washington, DC 20230–0002, and in the Protective Order (APO) to all parties that entity, complete quantity and value
‘‘Reading Room’’ section of the Board’s having an APO within five days of data for that collapsed entity must be
website, which is accessible via publication of the initiation notice and submitted.
www.trade.gov/ftz. to make our decision regarding Deadline for Withdrawal of Request for
respondent selection within 21 days of Administrative Review
For further information, contact publication of the initiation Federal
Juanita Chen at juanita.chen@trade.gov Register notice. Therefore, we Pursuant to 19 CFR 351.213(d)(1), a
or 202–482–1378. encourage all parties interested in party that requests a review may
Dated: May 29, 2018. commenting on respondent selection to withdraw that request within 90 days of
daltland on DSKBBV9HB2PROD with NOTICES
Andrew McGilvray, submit their APO applications on the the date of publication of the notice of
date of publication of the initiation initiation of the requested review. The
Executive Secretary. regulation provides that Commerce may
notice, or as soon thereafter as possible.
[FR Doc. 2018–11819 Filed 5–31–18; 8:45 am] extend this time if it is reasonable to do
Commerce invites comments regarding
BILLING CODE 3510–DS–P the CBP data and respondent selection so. Determinations by Commerce to
within five days of placement of the extend the 90-day deadline will be
CBP data on the record of the review. made on a case-by-case basis.
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![Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 25431
each exporter or producer specified in covering its costs for providing services was published on July 10, 2017 (82 FR
the request. under the prior fee structure. Federal 31752) that announced updates to the
Commerce will publish in the Federal agencies are directed by Office of ITA user fee schedule for export and
Register a notice of ‘‘Initiation of Management and Budget (OMB) investment promotion services/events.
Administrative Review of Antidumping Circular A–25 to ensure they recoup The revised User Fee Schedule below
or Countervailing Duty Order, Finding, their costs when providing certain lists the fee for each Standardized and
or Suspended Investigation’’ for services. ITA is announcing revisions to Non-Standardized Fee export and
requests received by the last day of June its export and investment promotion investment promotion service/event.
2018. If Commerce does not receive, by User Fee Schedule, published on July Fees listed in the revised User Fee
the last day of June 2018, a request for 10, 2017. Schedule are for ITA staff time only and
review of entries covered by an order, DATES: This user fee schedule will be do not include other direct costs (i.e.,
finding, or suspended investigation effective on July 1, 2018. transportation, venue rental, catering/
listed in this notice and for the period FOR FURTHER INFORMATION CONTACT: Mr. food, etc.), which will incur an
identified above, Commerce will Joe Carter, International Trade additional user fee to cover the full cost.
instruct CBP to assess antidumping or Administration, Global Markets, Office Summary of Revisions
countervailing duties on those entries at of Strategic Planning, 1400 Constitution
a rate equal to the cash deposit of Avenue NW, Rm. 21022, Washington, The following services/events, which
estimated antidumping or DC 20230, Phone: (202) 482–2484. were previously considered ‘‘Other
countervailing duties required on those Customized Services/Events,’’ have
SUPPLEMENTARY INFORMATION:
entries at the time of entry, or been added to the User Fee Schedule to
withdrawal from warehouse, for Background provide more clarity about ITA service/
consumption and to continue to collect Section 6 of OMB Circular A–25 event offerings (please see the
the cash deposit previously ordered. directs agencies to asses a user fee descriptions of these services/events in
For the first administrative review of ‘‘when a service (or privilege) provides the section below):
any order, there will be no assessment special benefits to an identifiable • Conference: Non-Standardized Fee
of antidumping or countervailing duties recipient beyond those that accrue to • Customized Market Research: Non-
on entries of subject merchandise the general public.’’ A ‘‘user fee’’ is the Standardized Fee
entered, or withdrawn from warehouse, amount paid by a recipient of a special • Foreign Buyer Delegation: Non-
for consumption during the relevant benefit beyond those benefits accruing Standardized Fee
provisional-measures ‘‘gap’’ period of to the general public. A ‘‘special • Official Letter: Standardized Fee
the order, if such a gap period is benefit’’ may accrue and a user fee • Seminar: Non-Standardized Fee
applicable to the period of review. should be imposed when a government • Seminar (Investment Promotion):
This notice is not required by statute service: (a) Enables the beneficiary to Non-Standardized Fee
but is published as a service to the obtain more immediate or substantial • Trade Event: Non-Standardized Fee
international trading community. • Trade Event (Investment Promotion):
gains or values than those that accrue to
Non-Standardized Fee
Dated: May 16, 2018. the general public; (b) is performed at
• Virtual Fair: Non-Standardized Fee
James Maeder, the request or for the convenience of the
• Virtual Introduction: Standardized
Associate Deputy Assistant Secretary for recipient, and is beyond the services
Fee
Antidumping and Countervailing Duty regularly received by members of the
Operations performing the duties of Deputy same industry or group or by the general The following services/events have
Assistant Secretary for Antidumping and public; or (c) provides business stability been renamed:
Countervailing Duty Operations. or contributes to public confidence in • Certified Trade Mission: previously
[FR Doc. 2018–11814 Filed 5–31–18; 8:45 am] the business activity of the beneficiary. listed as ‘‘Certified Trade/Investment
BILLING CODE 3510–DS–P ITA offers export and investment Mission’’
promotion services/events to U.S. • Contact List: previously listed as
businesses that consist of Standardized ‘‘Verified Contact List’’
DEPARTMENT OF COMMERCE Fee Services/Events and Non- • Facilitated Investment Mission:
Standardized Fee Services/Events. For previously listed as ‘‘Certified Trade/
International Trade Administration each of these services/events, fees are Investment Mission’’
[Docket No. 180507461–8461–01] collected according to the User Fee • Other Services/Events: previously
Schedule that is made available on the listed as ‘‘Other Customized Services/
RIN 0625–XC039 http://2016.export.gov/csuserfees/ Events’’
website and agency publications. The The following services/events have
Revisions and Clarifications to User
‘‘Standardized Fee Services/Events’’ been removed:
Fees for Export and Investment
listed in the User Fee Schedule are
Promotion Services/Events
services/events that are performed in • Investment Promotion—Gold Key
the same general manner by all field Service: this fee was inadvertently
AGENCY: International Trade
units. Other ‘‘Non-Standardized Fee listed
Administration, Department of
Commerce. Services/Events’’ entail substantive In addition, the following
ACTION: Notice of revised user fees. variation of the scope of work with fees clarifications have been made to the fees
based on the estimated level of effort previously listed in GM’s User Fee
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SUMMARY: The International Trade required and all direct costs incurred. Schedule:
Administration (ITA) recently ITA is revising the user fees and • Certified Trade Mission: Converted
implemented new user fees for its offerings for both Standardized Fee to a Non-Standardized Fee Service/
export and investment promotion Services/Events and Non-Standardized Event, except for any Gold Key Service
services/events in light of an Fee Services/Events based on questions or Initial Market Check provided to
independent cost study, which and concerns raised by ITA clients and participants, given substantial variations
concluded that ITA was not fully partners since the current fee schedule in the scope of activities performed that
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Document Created: 2018-06-01 01:30:14
Document Modified: 2018-06-01 01:30:14
| 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 25429 |
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