83 FR 31121 - 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 128 (July 3, 2018)
International Trade Administration
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31121-31123 | |
| FR Document | 2018-14263 |
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)] [Notices] [Pages 31121-31123] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14263] [[Page 31121]] ----------------------------------------------------------------------- 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. Opportunity to Request a Review: Not later than the last day of July 2018,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in July 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 ------------------------------------------------------------------------ INDIA: Corrosion-Resistant Steel Products, A-533-863. 7/1/17-6/30/18 INDIA: Polyethylene Terephthalate (Pet) Film, A-533- 7/1/17-6/30/18 824................................................. IRAN: In-Shell Pistachios, A-507-502................. 7/1/17-6/30/18 ITALY: Certain Pasta, A-475-818...................... 7/1/17-6/30/18 ITALY: Corrosion-Resistant Steel Products, A-475-832. 7/1/17-6/30/18 JAPAN: Clad Steel Plate, A-588-838................... 7/1/17-6/30/18 JAPAN: Cold-Rolled Steel Flat Products, A-588-873.... 7/1/17-6/30/18 JAPAN: Polyvinyl Alcohol, A-588-861.................. 7/1/17-6/30/18 JAPAN: Stainless Steel Sheet and Strip in Coils, A- 7/1/17-6/30/18 588-845............................................. JAPAN: Steel Concrete Reinforcing Bar, A-588-876..... 3/7/17-6/30/18 MALAYSIA: Steel Nails, A-557-816..................... 7/1/17-6/30/18 MALAYSIA: Welded Stainless Steel Pressure Pipe, A-557- 7/1/17-6/30/18 815................................................. OMAN: Steel Nails, A-523-808......................... 7/1/17-6/30/18 REPUBLIC OF KOREA: Corrosion-Resistant Steel 7/1/17-6/30/18 Products, A-580-878................................. [[Page 31122]] REPUBLIC OF KOREA: Stainless Steel Sheet and Strip in 7/1/17-6/30/18 Coils, A-580-834.................................... REPUBLIC OF KOREA: Steel Nails, A-580-874............ 7/1/17-6/30/18 SOCIALIST REPUBLIC OF VIETMAN: Steel Nails, A-552-818 7/1/17-6/30/18 SOCIALIST REPUBLIC OF VIETMAN: Welded Stainless 7/1/17-6/30/18 Pressure Pipe, A-552-816............................ TAIWAN: Corrosion-Resistant Steel Products, A-583-856 7/1/17-6/30/18 TAIWAN: Polyethylene Terephthalate (Pet) Film, A-583- 7/1/17-6/30/18 837................................................. TAIWAN: Stainless Steel Sheet and Strip in Coils, A- 7/1/17-6/30/18 583-831............................................. TAIWAN: Steel Nails, A-583-854....................... 7/1/17-6/30/18 THAILAND: Carbon Steel Butt-Weld Pipe Fittings, A-549- 7/1/17-6/30/18 807................................................. THAILAND: Weld Stainless Steel Pressure Pipe, A-549- 7/1/17-6/30/18 830................................................. THE PEOPLE'S REPUBLIC OF CHINA: Carbon Steel Butt- 7/1/17-6/30/18 Weld Pipe Fittings, A-570-814....................... THE PEOPLE'S REPUBLIC OF CHINA: Certain Potassium 7/1/17-6/30/18 Phosphate Salts, A-570-962.......................... THE PEOPLE'S REPUBLIC OF CHINA: Certain Steel 7/1/17-6/30/18 Grating, A-570-947.................................. THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 7/1/17-6/30/18 Carbon Quality Steel Pipe, A-570-910................ THE PEOPLE'S REPUBLIC OF CHINA: Cold-Rolled Steel 7/1/17-6/30/18 Flat Products, A-570-029............................ THE PEOPLE'S REPUBLIC OF CHINA: Corrosion-Resistant 7/1/17-6/30/18 Steel Products, A-570-026........................... THE PEOPLE'S REPUBLIC OF CHINA: Persulfates, A-570- 7/1/17-6/30/18 847................................................. THE PEOPLE'S REPUBLIC OF CHINA: Xanthan Gum, A-570- 7/1/17-6/30/18 985................................................. TURKEY: Certain Pasta, A-489-805..................... 7/1/17-6/30/18 TURKEY: Steel Concrete Reinforcing Bar, A-489-829.... 3/7/17-6/30/18 ------------------------------------------------------------------------ Countervailing Duty Proceedings ------------------------------------------------------------------------ INDIA: Corrosion-Resistant Steel Products, C-533-864. 1/1/17-12/31/17 INDIA: Polyethylene Terephthalate (Pet) Film, C-533- 1/1/17-12/31/17 825................................................. ITALY: Certain Pasta, C-475-819...................... 1/1/17-12/31/17 ITALY: Corrosion-Resistant Steel Products, C-475-833. 1/1/17-12/31/17 REPUBLIC OF KOREA: Corrosion-Resistant Steel 1/1/17-12/31/17 Products, C-580-879................................. SOCIALIST OF REPUBLIC OF VIETMAN: Steel Nails, C-552- 1/1/17-12/31/17 819................................................. THE PEOPLE'S REPUBLIC OF CHINA: Certain Potassium 1/1/17-12/31/17 Phosphate Salts, C-570-963.......................... THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 1/1/17-12/31/17 Carbon Quality Steel Pipe, C-570-911................ THE PEOPLE'S REPUBLIC OF CHINA: Cold-Rolled Steel 1/1/17-12/31/17 Flat Products, C-570-030............................ THE PEOPLE'S REPUBLIC OF CHINA: Corrosion-Resistant 1/1/17-12/31/17 Steel Products, C-570-027........................... THE PEOPLE'S REPUBLIC OF CHINA: Prestressed Concrete 1/1/17-12/31/17 Steel Wire Strand, C-570-946........................ THE PEOPLE'S REPUBLIC OF CHINA: Steel Grating, C-570- 1/1/17-12/31/17 948................................................. TURKEY: Certain Pasta, C-489-806..................... 1/1/17-12/31/17 TURKEY: Steel Concrete Reinforcing Bar, C-489-830.... 3/1/17-12/31/17 ------------------------------------------------------------------------ Suspension Agreements ------------------------------------------------------------------------ UKRAINE: Oil Country Tubular Goods, A-823-815........ 7/1/17-6/30/18 ------------------------------------------------------------------------ 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 [[Page 31123]] 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 July 2018. If Commerce does not receive, by the last day of July 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: June 21, 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. 2018-14263 Filed 7-2-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices 31123
reviews of antidumping duty orders on on entries of subject merchandise DATES: Nominations for members must
merchandise from NME countries where entered, or withdrawn from warehouse, be received on or before 5:00 p.m.
a review of the NME entity has not been for consumption during the relevant Eastern Daylight Time (EDT) on August
initiated, but where an individual provisional-measures ‘‘gap’’ period of 17, 2018.
exporter for which a review was the order, if such a gap period is ADDRESSES: Nominations may be
initiated does not qualify for a separate applicable to the period of review. emailed Victoria.Gunderson@trade.gov;
rate, Commerce will issue a final This notice is not required by statute faxed to the attention of Victoria
decision indicating that the company in but is published as a service to the Gunderson at 202–482–5665; or mailed
question is part of the NME entity. international trading community. to Victoria Gunderson, Office of Energy
However, in that situation, because no Dated: June 21, 2018. & Environmental Industries, Room
review of the NME entity was 28018, U.S. Department of Commerce,
James Maeder,
conducted, the NME entity’s entries 1401 Constitution Avenue NW,
Associate Deputy Assistant Secretary for
were not subject to the review and the Washington, DC 20230.
Antidumping and Countervailing Duty
rate for the NME entity is not subject to Operations performing the duties of Deputy FOR FURTHER INFORMATION CONTACT:
change as a result of that review Assistant Secretary for Antidumping and Victoria Gunderson, Office of Energy &
(although the rate for the individual Countervailing Duty Operations. Environmental Industries, Room 28018,
exporter may change as a function of the [FR Doc. 2018–14263 Filed 7–2–18; 8:45 am] U.S. Department of Commerce, 1401
finding that the exporter is part of the BILLING CODE 3510–DS–P Constitution Avenue NW, Washington,
NME entity). Following initiation of an DC 20230; phone 202–482–7890; fax
antidumping administrative review 202–482–5665; email
when there is no review requested of the DEPARTMENT OF COMMERCE Victoria.Gunderson@trade.gov.
NME entity, Commerce will instruct
SUPPLEMENTARY INFORMATION: The
CBP to liquidate entries for all exporters International Trade Administration
not named in the initiation notice, Committee shall consist of
including those that were suspended at Renewal of the Renewable Energy and approximately 35 members appointed
the NME entity rate. Energy Efficiency Advisory Committee by the Secretary in accordance with
All requests must be filed and Solicitation of Nominations for applicable Department of Commerce
electronically in Enforcement and Membership guidance and based on their ability to
Compliance’s Antidumping and carry out the objectives of the
Countervailing Duty Centralized AGENCY: International Trade Committee. The Secretary of Commerce
Electronic Service System (ACCESS) on Administration, U.S. Department of invites nominations to the Committee of
Enforcement and Compliance’s ACCESS Commerce. qualified individuals who will represent
website at http://access.trade.gov.5 ACTION: Notice of renewal of the U.S. companies, U.S. trade associations,
Further, in accordance with 19 CFR Renewable Energy and Energy and U.S. private sector organizations
351.303(f)(l)(i), a copy of each request Efficiency Advisory Committee and with activities focused on the export
must be served on the petitioner and solicitation of nominations for competitiveness of U.S. renewable
each exporter or producer specified in membership. energy and energy efficiency goods and
the request. services. Members shall reflect the
Commerce will publish in the Federal SUMMARY: Pursuant to provisions of the diversity of this sector, including in
Register a notice of ‘‘Initiation of Federal Advisory Committee Act, the terms of entity or organization size,
Administrative Review of Antidumping Department of Commerce announces the geographic location, and subsector
or Countervailing Duty Order, Finding, renewal of the Renewable Energy and represented. The Committee shall also
or Suspended Investigation’’ for Energy Efficiency Advisory Committee represent the diversity of company or
requests received by the last day of July (the Committee). The Committee shall organizational roles in the development
2018. If Commerce does not receive, by advise the Secretary of Commerce of renewable energy and energy
the last day of July 2018, a request for regarding the development and efficiency projects, including, for
review of entries covered by an order, administration of programs and policies example, project developers, technology
finding, or suspended investigation to expand the competitiveness of U.S. integrators, financial institutions, and
listed in this notice and for the period exports of renewable energy and energy manufacturers.
identified above, Commerce will efficiency goods and services. The Prospective applicants and nominees
instruct CBP to assess antidumping or Committee’s work on energy efficiency are strongly encouraged to review
countervailing duties on those entries at will focus on technologies, services, and materials and information on the
a rate equal to the cash deposit of platforms that provide system-level Committee website, including the
estimated antidumping or energy efficiency to electricity Committee’s charter, to gain an
countervailing duties required on those generation, transmission, and understanding of the Committee’s
entries at the time of entry, or distribution. These include smart grid responsibilities, matters on which the
withdrawal from warehouse, for technologies and services, as well as Committee will provide
consumption and to continue to collect equipment and systems that increase the recommendations, and expectations for
the cash deposit previously ordered. resiliency of power infrastructure such members based on the work of previous
For the first administrative review of as energy storage. For the purposes of Committees: http://export.gov/reee/
any order, there will be no assessment this Committee, covered goods and reeeac.
services will not include vehicles, Members serve at the pleasure of the
sradovich on DSK3GMQ082PROD with NOTICES
of antidumping or countervailing duties
feedstock for biofuels, or energy Secretary from the date of appointment
entries from exporters comprising the entity, and to efficiency as it relates to consumer to the Committee to the date on which
the extent possible, include the names of such goods. Non-fossil fuels that are the Committee’s charter terminates.
exporters in their request. considered renewable fuels (e.g., liquid Members serve in a representative
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
biofuels and pellets) are included. This capacity presenting the views and
Administrative Protective Order Procedures, 76 FR notice also requests nominations for interests of a U.S. entity or U.S.
39263 (July 6, 2011). membership. organization, as well as their particular
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Document Created: 2018-07-02 23:55:48
Document Modified: 2018-07-02 23:55:48
| 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 31121 |
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