83 FR 49358 - 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 190 (October 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49358-49360 | |
| FR Document | 2018-21296 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Notices] [Pages 49358-49360] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21296] ----------------------------------------------------------------------- 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 October 2018,\1\ interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in October 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 Australia: Hot-Rolled Steel Flat Products, A-602-809. 10/1/17-9/30/18 Brazil: Carbon and Certain Alloy Steel Wire Rod A-351-832 10/1/17-9/30/18 [[Page 49359]] Hot-Rolled Steel Flat Products A-351-845......... 10/1/17-9/30/18 Indonesia: Carbon and Certain Alloy Steel Wire Rod A- 10/1/17-9/30/18 560-815............................................. Italy: Pressure Sensitive Plastic Tape A-475-059..... 10/1/17-9/30/18 Japan: Hot-Rolled Steel Flat Products A-588-874...... 10/1/17-9/30/18 Mexico: Carbon and Certain Alloy Steel Wire Rod A-201- 10/1/17-9/30/18 830................................................. Moldova: Carbon and Certain Alloy Steel Wire Rod A- 10/1/17-9/30/18 841-805............................................. Republic of Korea: Hot-Rolled Steel Flat Products A- 10/1/17-9/30/18 580-883............................................. Taiwan: Steel Concrete Reinforcing Bar A-583-859..... 3/7/17-9/30/18 The Netherlands: Hot-Rolled Steel Flat Products A-421- 10/1/17-9/30/18 813................................................. The People's Republic of China:...................... Barium Carbonate A-570-880....................... 10/1/17-9/30/18 Barium Chloride A-570-007........................ 10/1/17-9/30/18 Boltless Steel Shelving Units Prepackaged For 10/1/17-9/30/18 Sale A-570-018.................................. Electrolytic Manganese Dioxide A-570-919......... 10/1/17-9/30/18 Helical Spring Lock Washers A-570-822............ 10/1/17-9/30/18 Polyvinyl Alcohol A-570-879...................... 10/1/17-9/30/18 Steel Wire Garment Hangers A-570-918............. 10/1/17-9/30/18 Trinidad and Tobago: Carbon and Certain Alloy Steel 10/1/17-9/30/18 Wire Rod A-274-804.................................. Turkey: Hot-Rolled Steel Flat Products A-489-826..... 10/1/17-9/30/18 United Kingdom: Hot-Rolled Steel Flat Products A-412- 10/1/17-9/30/18 825................................................. Countervailing Duty Proceedings Brazil: Carbon and Certain Alloy Steel Wire Rod C-351-833 1/1/17-12/31/17 Hot-Rolled Steel Flat Products, C-351-846........ 1/1/17-12/31/17 Iran: Roasted In Shell Pistachios, C-507-601......... 1/1/17-12/31/17 Republic of Korea: Hot-Rolled Steel Flat Products, C- 1/1/17-12/31/17 580-884............................................. The People's Republican o China: Boltless Steel 1/1/17-12/31/17 Shelving Units Prepackaged for Sale, C-570-019...... Suspension Agreements Argentina: Lemon Juice A-357-818..................... 10/1/17-9/30/18 Russia: Uranium, A-821-802........................... 10/1/17-9/30/18 ------------------------------------------------------------------------ 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 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 [[Page 49360]] 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 October 2018. If Commerce does not receive, by the last day of October 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: September 25, 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. 2018-21296 Filed 9-28-18; 8:45 am] BILLING CODE 3510-DS-P
![49358 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
the Committee suggests that presenters Act of 1930, as amended (the Act), may and will not collapse companies at the
forward the public presentation request, in accordance with 19 CFR respondent selection phase unless there
materials prior to the meeting to Ms. 351.213, that the Department of has been a determination to collapse
Lewis via email. Commerce (Commerce) conduct an certain companies in a previous
The Assistant Secretary for administrative review of that segment of this antidumping proceeding
Administration, with the concurrence of antidumping or countervailing duty (i.e., investigation, administrative
the delegate of the General Counsel, order, finding, or suspended review, new shipper review or changed
formally determined on February 13, investigation. circumstances review). For any
2018, pursuant to Section 10(d) of the All deadlines for the submission of company subject to a review, if
Federal Advisory Committee Act, as comments or actions by Commerce Commerce determined, or continued to
amended (5 U.S.C. app. 2 10(d)), that discussed below refer to the number of treat, that company as collapsed with
the portion of the meeting dealing with calendar days from the applicable others, Commerce will assume that such
matters the premature disclosure of starting date. companies continue to operate in the
which would be likely to frustrate same manner and will collapse them for
significantly implementation of a Respondent Selection
respondent selection purposes.
proposed agency action as described in In the event Commerce limits the Otherwise, Commerce will not collapse
5 U.S.C. 552b(c)(9)(B) shall be exempt number of respondents for individual companies for purposes of respondent
from the provisions relating to public examination for administrative reviews selection. Parties are requested to (a)
meetings found in 5 U.S.C. app. 2 initiated pursuant to requests made for identify which companies subject to
10(a)(1) and 10(a)(3). The remaining the orders identified below, Commerce review previously were collapsed, and
portions of the meeting will be open to intends to select respondents based on (b) provide a citation to the proceeding
the public. U.S. Customs and Border Protection in which they were collapsed. Further,
For more information, call Joanna (CBP) data for U.S. imports during the if companies are requested to complete
Lewis at (202) 482–6440. period of review. We intend to release a Quantity and Value Questionnaire for
the CBP data under Administrative purposes of respondent selection, in
Joanna Lewis,
Protective Order (APO) to all parties general each company must report
Committee Liaison Officer.
having an APO within five days of volume and value data separately for
[FR Doc. 2018–21262 Filed 9–28–18; 8:45 am] publication of the initiation notice and itself. Parties should not include data
BILLING CODE 3510–JT–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
International Trade Administration encourage all parties interested in companies in the most recently
commenting on respondent selection to completed segment of a proceeding
Antidumping or Countervailing Duty submit their APO applications on the where Commerce considered collapsing
Order, Finding, or Suspended date of publication of the initiation that entity, complete quantity and value
Investigation; Opportunity To Request notice, or as soon thereafter as possible. data for that collapsed entity must be
Administrative Review Commerce invites comments regarding submitted.
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. Determinations by Commerce to
DC 20230, telephone: (202) 482–4735. ‘‘collapsed’’ (i.e., treated as a single extend the 90-day deadline will be
entity for purposes of calculating made on a case-by-case basis.
Background antidumping duty rates) require a Opportunity to Request a Review: Not
Each year during the anniversary substantial amount of detailed later than the last day of October 2018,1
month of the publication of an information and analysis, which often interested parties may request
antidumping or countervailing duty require follow-up questions and administrative review of the following
order, finding, or suspended analysis. Accordingly, Commerce will orders, findings, or suspended
investigation, an interested party, as not conduct collapsing analyses at the investigations, with anniversary dates in
defined in section 771(9) of the Tariff respondent selection phase of a review October for the following periods:
Period of review
Antidumping Duty Proceedings
amozie on DSK3GDR082PROD with NOTICES
Australia: Hot-Rolled Steel Flat Products, A–602–809 ................................................................................................................. 10/1/17–9/30/18
Brazil:
Carbon and Certain Alloy Steel Wire Rod A–351–832 .......................................................................................................... 10/1/17–9/30/18
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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![49360 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
NME entity, Commerce will instruct DEPARTMENT OF COMMERCE produced during the synthesis of
CBP to liquidate entries for all exporters stilbenic OBA products.
not named in the initiation notice, International Trade Administration Excluded from this order are all forms
including those that were suspended at of 4,4’-bis[4-anilino-6-morpholino-1,3,5-
the NME entity rate. [A–583–848] triazin-2-yl] 3 amino-2,2’-
All requests must be filed stilbenedisulfonic acid,
Certain Stilbenic Optical Brightening C40H40N12O8S2 (‘‘Fluorescent
electronically in Enforcement and Agents From Taiwan: Final Results of Brightener 71’’). This order covers the
Compliance’s Antidumping and Antidumping Duty Administrative above-described compounds in any state
Countervailing Duty Centralized Review; 2016–2017 (including but not limited to powder,
Electronic Service System (ACCESS) on slurry, or solution), of any
Enforcement and Compliance’s ACCESS AGENCY: Enforcement and Compliance,
International Trade Administration, concentrations of active stilbenic OBA
website at http://access.trade.gov.5 ingredient, as well as any compositions
Further, in accordance with 19 CFR Department of Commerce.
regardless of additives (i.e., mixtures or
351.303(f)(l)(i), a copy of each request SUMMARY: The Department of Commerce
blends, whether of stilbenic OBAs with
must be served on the petitioner and (Commerce) determines that Teh Fong
each other, or of stilbenic OBAs with
each exporter or producer specified in Ming International Co., Ltd. (TFM) has
additives that are not stilbenic OBAs),
the request. made sales of subject merchandise at
and in any type of packaging.
less than normal value during the
Commerce will publish in the Federal These stilbenic OBAs are classifiable
period of review (POR), May 1, 2016,
Register a notice of ‘‘Initiation of under subheading 3204.20.8000 of the
through April 30, 2017.
Administrative Review of Antidumping Harmonized Tariff Schedule of the
DATES: Applicable October 1, 2018. United States (HTSUS), but they may
or Countervailing Duty Order, Finding,
FOR FURTHER INFORMATION CONTACT: also enter under subheadings
or Suspended Investigation’’ for
requests received by the last day of Michael Romani, AD/CVD Operations, 2933.69.6050, 2921.59.4000 and
Office I, Enforcement and Compliance, 2921.59.8090. Although the HTSUS
October 2018. If Commerce does not
International Trade Administration, subheadings are provided for
receive, by the last day of October 2018,
U.S. Department of Commerce, 1401 convenience and customs purposes, the
a request for review of entries covered Constitution Avenue NW, Washington, written description of the merchandise
by an order, finding, or suspended DC 20230; telephone: (202) 482–0198. is dispositive.
investigation listed in this notice and for
SUPPLEMENTARY INFORMATION:
the period identified above, Commerce Final Results of the Administrative
will instruct CBP to assess antidumping Background Review
or countervailing duties on those entries On June 11, 2018, Commerce We determine that the following
at a rate equal to the cash deposit of published the Preliminary Results of the weighted-average dumping margin
estimated antidumping or administrative review of the exists for the period of May 1, 2016,
countervailing duties required on those antidumping duty order on stilbenic through April 30, 2017.
entries at the time of entry, or optical brightening agents (OBAs from
withdrawal from warehouse, for Taiwan.1 The administrative review Weighted-
consumption and to continue to collect covers one producer/exporter of the average
Producer/exporter dumping
the cash deposit previously ordered. subject merchandise, TFM. We gave margin
For the first administrative review of interested parties an opportunity to (percent)
any order, there will be no assessment comment on the Preliminary Results but
received none. Hence, these final results Teh Fong Ming International
of antidumping or countervailing duties Co., Ltd ............................. 1.31
on entries of subject merchandise are unchanged from the Preliminary
entered, or withdrawn from warehouse, Results. Commerce conducted this
review in accordance with sections Assessment
for consumption during the relevant
751(a)(1)(B) and (2) of the Tariff Act of Pursuant to section 751(a)(2)(A) of the
provisional-measures ‘‘gap’’ period of
1930, as amended (the Act). Act and 19 CFR 351.212(b)(1),
the order, if such a gap period is
applicable to the period of review. Scope of the Order Commerce will determine, and CBP
shall assess, antidumping duties on all
This notice is not required by statute The stilbenic OBAs covered by this appropriate entries of subject
but is published as a service to the order are all forms (whether free acid or merchandise in accordance with the
international trading community. salt) of compounds known as final results of this review. We
triazinylaminostilbenes (i.e., all calculated an importer-specific
Dated: September 25, 2018.
derivatives of 4,4’-bis [1,3,5- triazin-2- assessment rate on the basis of the ratio
James Maeder, yl] 2 amino-2,2’-stilbenedisulfonic acid), of the total amount of antidumping
Associate Deputy Assistant Secretary for except for compounds listed in the
Antidumping and Countervailing Duty
duties calculated for each importer’s
following paragraph. The stilbenic examined sales and the total entered
Operations performing the duties of Deputy OBAs covered by this order include
Assistant Secretary for Antidumping and value of the sales in accordance with 19
final stilbenic OBA products, as well as CFR 351.212(b)(1).4
Countervailing Duty Operations.
intermediate products that are
[FR Doc. 2018–21296 Filed 9–28–18; 8:45 am]
amozie on DSK3GDR082PROD with NOTICES
themselves triazinylaminostilbenes 3 Id.
BILLING CODE 3510–DS–P
4 In these final results, Commerce applied the
1 SeeCertain Stilbenic Optical Brightening Agents assessment rate calculation method adopted in
from Taiwan: Preliminary Results of Antidumping Antidumping Proceedings: Calculation of the
5 See Antidumping and Countervailing Duty
Duty Administrative Review; 2016–2017, 83 FR Weighted-Average Dumping Margin and
Proceedings: Electronic Filing Procedures; 26950 (June 11, 2018) (Preliminary Results). Assessment Rate in Certain Antidumping Duty
Administrative Protective Order Procedures, 76 FR 2 The brackets in this sentence are part of the Proceedings; Final Modification, 77 FR 8101
39263 (July 6, 2011). chemical formula. (February 14, 2012).
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Document Created: 2018-09-29 04:26:30
Document Modified: 2018-09-29 04:26:30
| 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 49358 |
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