83 FR 39688 - Initiation of Antidumping and Countervailing Duty Administrative Reviews

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39688-39691
FR Document2018-17162

The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39688-39691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17162]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) has received requests to 
conduct administrative reviews of various antidumping and 
countervailing duty orders and findings with June anniversary dates. In 
accordance with Commerce's regulations, we are initiating those 
administrative reviews.

DATES: Applicable August 10, 2018.

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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce has received timely requests, in accordance with 19 CFR 
351.213(b), for administrative reviews of various antidumping and 
countervailing duty orders and findings with June anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by Commerce discussed below 
refer to the number of calendar days from the applicable starting time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (POR), it must 
notify Commerce within 30 days of publication of this notice in the 
Federal Register. All submissions must be filed electronically at 
http://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such 
submissions are subject to verification in accordance with section 
782(i) of the Tariff Act of 1930, as amended (the Act). Further, in 
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every 
party on Commerce's service list.
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    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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Respondent Selection

    In the event Commerce limits the number of respondents for 
individual

[[Page 39689]]

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 place the CBP 
data on the record within five days of publication of the initiation 
notice and to make our decision regarding respondent selection within 
30 days of publication of the initiation Federal Register notice. 
Comments regarding the CBP data and respondent selection should be 
submitted seven days after the placement of the CBP data on the record 
of this review. Parties wishing to submit rebuttal comments should 
submit those comments five days after the deadline for the initial 
comments.
    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 has found that determinations concerning 
whether particular companies should be ``collapsed'' (e.g., 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 this 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 (e.g., investigation, administrative review, new shipper 
review or changed circumstances review). For any company subject to 
this 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 
the Quantity and Value (Q&V) 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 this proceeding 
where Commerce considered collapsing that entity, complete Q&V 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 has requested 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.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce begins with a rebuttable presumption that all companies within 
the country are subject to government control and, thus, should be 
assigned a single antidumping duty deposit rate. It is Commerce's 
policy to assign all exporters of merchandise subject to an 
administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, Commerce analyzes each entity exporting the subject 
merchandise. In accordance with the separate rates criteria, Commerce 
assigns separate rates to companies in NME cases only if respondents 
can demonstrate the absence of both de jure and de facto government 
control over export activities.
    All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate rate application or 
certification, as described below. For these administrative reviews, in 
order to demonstrate separate rate eligibility, Commerce requires 
entities for whom a review was requested, that were assigned a separate 
rate in the most recent segment of this proceeding in which they 
participated, to certify that they continue to meet the criteria for 
obtaining a separate rate. The Separate Rate Certification form will be 
available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register 
notice. In responding to the certification, please follow the 
``Instructions for Filing the Certification'' in the Separate Rate 
Certification. Separate Rate Certifications are due to Commerce no 
later than 30 calendar days after publication of this Federal Register 
notice. The deadline and requirement for submitting a Certification 
applies equally to NME-owned firms, wholly foreign-owned firms, and 
foreign sellers who purchase and export subject merchandise to the 
United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \2\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\3\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Status Application will be available on 
Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
In responding to the Separate Rate Status Application, refer to the 
instructions contained in the application. Separate Rate Status 
Applications are due to Commerce no later than 30 calendar days of 
publication of this Federal Register notice. The deadline and 
requirement for submitting a Separate Rate Status Application applies 
equally to NME-owned firms, wholly foreign-owned firms, and foreign 
sellers that purchase and export subject merchandise to the United 
States.
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    \2\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \3\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
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    For exporters and producers who submit a separate-rate status 
application or certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

[[Page 39690]]

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following antidumping and countervailing 
duty orders and findings. We intend to issue the final results of these 
reviews not later than June 30, 2019.

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                                                  Period to be reviewed
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          Antidumping Duty Proceedings
 
BELGIUM: Carbon and Alloy Steel Cut-To-Length           11/14/16-4/30/18
 Plate,\4\ A-423-812...........................
    Hengelhoef Concrete Joints NV
GERMANY: Carbon and Alloy Steel Cut-To-Length           11/14/16-4/30/18
 Plate,\5\ A-428-844...........................
    Ilsenburger Grobblech GmbH
    Rudolf Rafflenbeul Stahlwarenfabrik GmbH &
     Co.
    Salzgitter Flachstahl GmbH
    VDM Metals GmbH \6\
    VDM Metals International GmbH \7\
REPUBLIC OF KOREA: Carbon and Alloy Steel Cut-          11/14/16-4/30/18
 To-Length Plate,\8\ A-580-887.................
    Hyundai Steel Company
SPAIN: Finished Carbon Steel Flanges, A-469-815           2/8/17-5/31/18
    Ateaciones De Metales Sinterizados S.A.
    Central Y Almacenes
    Grupo Cunado
    Transglory S.A.
    Tubacero, S.L.
    ULMA Forja, S.Coop
SPAIN: Chlorinated Isocyanurates, A-469-814....           6/1/17-5/31/18
    Ercros, S.A. of Spain
THE PEOPLE'S REPUBLIC OF CHINA: Aluminum                  5/1/17-4/30/18
 Extrusions,\9\ A-570-967......................
    Asia Alum Group
    Atlas Integrated Manufacturing Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Chlorinated               6/1/17-5/31/18
 Isocyanurates, A-570-898......................
    Heze Huayi Chemical Co., Ltd.
    Juancheng Kangtai Chemical Co. Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Polyester                 6/1/17-5/31/18
 Staple Fiber, A-570-905.......................
    Yangzhou Tinfulong New Technology Fiber
     Co., Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Silicon Metal,            6/1/17-5/31/18
 A-570-806.....................................
    Yunnan Fu yang Trade Co., Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Tapered Roller            6/1/17-5/31/18
 Bearings, A-570-601...........................
    Changshan Peer Bearing Co., Ltd.
    CNH Industrial Italia SpA
    GGB Bearing Technology (Suzhou) Co., Ltd.
    GSP Automotive Group Wenzhou Co., Ltd.
    Hangzhou Hanji Auto Parts Co., Ltd.
    Hangzhou Radical Energy-Saving Technology
     Co., Ltd.
    Hangzhou Xiaoshan Dingli Machinery Co.,
     Ltd.
    Ningbo Xinglun Bearings Import & Export
     Co., Ltd.
    Shandong Aokai Bearing Co., Ltd.
    Shanghai General Bearing Co., Ltd.
    Taizhou Zson Bearing Technology Co., Ltd.
    Zhejiang Jingle Bearing Technology Co.,
     Ltd.
    Zhejiang Machinery Import & Export Corp.
    Zhejiang Zhaofeng Mechanical and Electronic
     Co., Ltd.
 
        Countervailing Duty Proceedings
 
REPUBLIC OF KOREA: Carbon and Alloy Steel Cut-           4/4/17-12/31/17
 To-Length Plate,\10\ C-580-888................
THE PEOPLE'S REPUBLIC OF CHINA: High Pressure            1/1/17-12/31/17
 Steel Cylinders, C-570-978....................
    Beijing Tianhai Industry Co., Ltd.
    Langfang Tianhai High Pressure Container
     Co., Ltd.
    Tianjin Tianhai High Pressure Container
     Co., Ltd.
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Suspension Agreements
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    \4\ The name of the company listed above was misspelled in the 
initiation notice that published on July 12, 2018 (83 FR 32270). The 
correct spelling of the company name is listed in this notice.
    \5\ The companies listed above were misspelled in the initiation 
notice that published on July 12, 2018 (83 FR 32270). The correct 
spelling of these companies names are listed in this notice.
    \6\ The company listed above was inadvertently omitted from the 
initiation notice that published on July 12, 2018 (83 FR 32270).
    \7\ The company listed above was inadvertently omitted from the 
initiation notice that published on July 12, 2018 (83 FR 32270).
    \8\ The name of the company listed above was misspelled in the 
initiation notice that published on July 12, 2018 (83 FR 32270). The 
correct spelling of the company name is listed in this notice.
    \9\ Commerce inadvertently listed two companies as one in the 
initiation notice that published on July 12, 2018 (83 FR 32270). The 
companies listed above are individual companies.
    \10\ In the initiation notice that published on July 12, 2018 
(83 FR 32270), the period of review for the referenced case was 
incorrect. The period listed above is the correct period of review 
for this case.
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    None.

Duty Absorption Reviews

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an antidumping duty order under 19 CFR 351.211 or a 
determination under 19 CFR 351.218(f)(4) to continue an order or 
suspended investigation (after sunset review), the Secretary, if 
requested by a domestic interested party within 30

[[Page 39691]]

days of the date of publication of the notice of initiation of the 
review, will determine whether antidumping duties have been absorbed by 
an exporter or producer subject to the review if the subject 
merchandise is sold in the United States through an importer that is 
affiliated with such exporter or producer. The request must include the 
name(s) of the exporter or producer for which the inquiry is requested.

Gap Period Liquidation

    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 POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with the procedures 
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures 
apply to administrative reviews included in this notice of initiation. 
Parties wishing to participate in any of these administrative reviews 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of separate letters of appearance as discussed at 19 
CFR 351.103(d)).

Factual Information Requirements

    Commerce's regulations identify five categories of factual 
information in 19 CFR 351.102(b)(21), which are summarized as follows: 
(i) Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). These regulations require any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The regulations, at 19 
CFR 351.301, also provide specific time limits for such factual 
submissions based on the type of factual information being submitted. 
Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information in this segment.
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information.\11\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives. All segments of any 
antidumping duty or countervailing duty proceedings initiated on or 
after August 16, 2013, should use the formats for the revised 
certifications provided at the end of the Final Rule.\12\ Commerce 
intends to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable revised certification 
requirements.
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    \11\ See section 782(b) of the Act.
    \12\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit 
established under Part 351 expires, or as otherwise specified by the 
Secretary. See 19 CFR 351.302. In general, an extension request will be 
considered untimely if it is filed after the time limit established 
under Part 351 expires. For submissions which are due from multiple 
parties simultaneously, an extension request will be considered 
untimely if it is filed after 10:00 a.m. on the due date. Examples 
include, but are not limited to: (1) Case and rebuttal briefs, filed 
pursuant to 19 CFR 351.309; (2) factual information to value factors 
under 19 CFR 351.408(c), or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and 
rebuttal, clarification and correction filed pursuant to 19 CFR 
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate 
country and surrogate values and rebuttal; (4) comments concerning U.S. 
Customs and Border Protection data; and (5) quantity and value 
questionnaires. Under certain circumstances, Commerce may elect to 
specify a different time limit by which extension requests will be 
considered untimely for submissions which are due from multiple parties 
simultaneously. In such a case, Commerce will inform parties in the 
letter or memorandum setting forth the deadline (including a specified 
time) by which extension requests must be filed to be considered 
timely. This modification also requires that an extension request must 
be made in a separate, stand-alone submission, and clarifies the 
circumstances under which Commerce will grant untimely-filed requests 
for the extension of time limits. These modifications are effective for 
all segments initiated on or after October 21, 2013. Please review the 
final rule, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these 
segments.
    These initiations and this notice are, in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: August 6, 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. 2018-17162 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable August 10, 2018.
ContactBrenda 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 Citation83 FR 39688 

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