83_FR_62525 83 FR 62293 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

83 FR 62293 - 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 232 (December 3, 2018)

Page Range62293-62296
FR Document2018-26169

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018)
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62293-62296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26169]


-----------------------------------------------------------------------

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

[[Page 62294]]

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.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of constructed value under section 773(e) of the Act.\1\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(v). If Commerce 
finds that a PMS exists under section 773(e) of the Act, then it will 
modify its dumping calculations appropriately.
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    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial Section D 
responses.
    Opportunity to Request a Review: Not later than the last day of 
December 2018,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in December for the following periods:
---------------------------------------------------------------------------

    \2\ 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
 
BRAZIL: Carbon Steel Butt-Weld Pipe Fittings, A-        12/1/17-11/30/18
 351-602.......................................
CHILE: Certain Preserved Mushrooms, A-337-804..         12/1/17-11/30/18
GERMANY: Non-Oriented Electrical Steel, A-428-          12/1/17-11/30/18
 843...........................................
INDIA:
    Carbazole Violet Pigment 23, A-533-838.....         12/1/17-11/30/18
    Certain Hot-Rolled Carbon Steel Flat                12/1/17-11/30/18
     Products, A-533-820.......................
    Commodity Matchbooks, A-533-848............         12/1/17-11/30/18
    Stainless Steel Wire Rod, A-533-808........         12/1/17-11/30/18
INDONESIA: Certain Hot-Rolled Carbon Steel Flat         12/1/17-11/30/18
 Products, A-560-812...........................
JAPAN:
    Prestressed Concrete Steel Wire Strand, A-          12/1/17-11/30/18
     588-068...................................
    Non-Oriented Electrical Steel, A-588-872...         12/1/17-11/30/18
    Welded Large Diameter Line Pipe, A-588-857.         12/1/17-11/30/18
OMAN: Circular Welded Carbon-Quality Steel              12/1/17-11/30/18
 Pipe, A-523-812...............................
PAKISTAN: Circular Welded Carbon-Quality Steel          12/1/17-11/30/18
 Pipe, A-553-903...............................
REPUBLIC OF KOREA:
    Non-Oriented Electrical Steel, A-580-872...         12/1/17-11/30/18
    Welded Astm A-312 Stainless Steel Pipe, A-          12/1/17-11/30/18
     580-810...................................
    Welded Line Pipe, A-580-876................         12/1/17-11/30/18
RUSSIA: Certain Hot-Rolled Flat-Rolled Carbon-          12/1/17-11/30/18
 Quality Steel Products, A-821-809.............
SOCIALIST REPUBLIC OF VIETNAM: Uncovered                12/1/17-11/30/18
 Innerspring Units, A-552-803..................
SOUTH AFRICA: Uncovered Innerspring Units, A-           12/1/17-11/30/18
 791-821.......................................
SWEDEN: Non-Oriented Electrical Steel, A-401-           12/1/17-11/30/18
 809...........................................
TAIWAN:
    Carbon Steel Butt-Weld Pipe Fittings, A-583-        12/1/17-11/30/18
     605.......................................
    Non-Oriented Electrical Steel, A-583-851...         12/1/17-11/30/18
    Steel Wire Garment Hangers, A-583-849......         12/1/17-11/30/18
    Welded Astm A-312 Stainless Steel Pipe, A-          12/1/17-11/30/18
     583-815...................................
THE PEOPLE'S REPUBLIC OF CHINA:
    Carbazole Violet Pigment 23, A-570-892.....         12/1/17-11/30/18
    Cased Pencils, A-570-827...................         12/1/17-11/30/18
    Crystalline Silicon Photovoltaic Cells,             12/1/17-11/30/18
     Whether or Not Assembled Into Modules, A-
     570-979...................................
    Hand Trucks and Certain Parts Thereof, A-           12/1/17-11/30/18
     570-891...................................
    Honey, A-570-863...........................         12/1/17-11/30/18
    Malleable Cast Iron Pipe Fittings, A-570-           12/1/17-11/30/18
     881.......................................
    Melamine, A-570-020........................         12/1/17-11/30/18
    Multilayered Wood Flooring, A-570-970......         12/1/17-11/30/18
    Non-Oriented Electrical Steel, A-570-996...         12/1/17-11/30/18
    Porcelain-On-Steel Cooking Ware, A-570-506.         12/1/17-11/30/18
    Silicomanganese, A-570-828.................         12/1/17-11/30/18
TURKEY: Welded Line Pipe, A-489-822............         12/1/17-11/30/18
UNITED ARAB EMIRATES: Circular Welded Carbon-           12/1/17-11/30/18
 Quality Steel Pipe A-520-807..................
 
                     Countervailing Duty Proceedings
 
INDIA:
    Carbazole Violet Pigment 23, C-533-839,....          1/1/17-12/31/17
    Certain Hot-Rolled Carbon Steel Flat                 1/1/17-12/31/17
     Products, C-533-821.......................

[[Page 62295]]

 
    Commodity Matchbooks, C-533-849............          1/1/17-12/31/17
INDONESIA: Certain Hot-Rolled Carbon Steel Flat          1/1/17-12/31/17
 Products, C-560-813...........................
TAIWAN: Non-Oriented Electrical Steel, C-583-            1/1/17-12/31/17
 852...........................................
THAILAND: Certain Hot-Rolled Carbon Steel Flat           1/1/17-12/31/17
 Products, C-549-818...........................
THE PEOPLE'S REPUBLIC OF CHINA:
    Crystalline Silicon Photovoltaic Cells,              1/1/17-12/31/17
     Whether or Not Assembled Into Modules, C-
     570-980...................................
    Melamine, C-570-021........................          1/1/17-12/31/17
    Non-Oriented Electrical Steel, C-570-997...          1/1/17-12/31/17
    Multilayered Wood Flooring, C-570-971......          1/1/17-12/31/17
TURKEY: Welded Line Pipe, C-489-823............          1/1/17-12/31/17
 
                          Suspension Agreements
 
MEXICO:
    Sugar, A-201-845...........................         12/1/17-11/30/18
    Sugar, C-201-846...........................          1/1/17-12/31/17
------------------------------------------------------------------------

    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.\3\
---------------------------------------------------------------------------

    \3\ 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.\4\ 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.\5\ 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.
---------------------------------------------------------------------------

    \4\ 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).
    \5\ 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.\6\ 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.
---------------------------------------------------------------------------

    \6\ 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 December 2018. If Commerce does not receive, by the 
last day of December 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,

[[Page 62296]]

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: November 27, 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. 2018-26169 Filed 11-30-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices                                                    62293

                                                                                                                                                                                   Department contact

                                                                             Countervailing Duty Proceedings
                                               New Pneumatic Off-The-Road Tires from China (C–570–913) (2nd Review) ...................................              Jacqueline Arrowsmith, (202) 482–5255.
                                               Raw Flexible Magnets from China (C–570–923) (2nd Review) .........................................................    Joshua Poole, (202) 482–1293.
                                               Certain Hot-Rolled Carbon Steel Flat Products from India (C–533–821) (3rd Review) .....................               Joshua Poole, (202) 482–1293.
                                               Certain Hot-Rolled Carbon Steel Flat Products from Indonesia (C–533–813) (3rd Review) .............                   Joshua Poole, (202) 482–1293.
                                               Certain Hot-Rolled Carbon Steel Flat Products from Thailand (C–549–818) (3rd Review) ...............                  Jacqueline Arrowsmith, (202) 482–5255.



                                               Suspended Investigations                                 FOR FURTHER INFORMATION CONTACT:                            examination of respondents and
                                                                                                        Brenda E. Brown, Office of AD/CVD                           conduct respondent selection under
                                                 No Sunset Review of suspended
                                                                                                        Operations, Customs Liaison Unit,                           section 777A(c)(2) of the Act:
                                               investigations is scheduled for initiation                                                                              In general, Commerce finds that
                                                                                                        Enforcement and Compliance,
                                               in January 2019.                                                                                                     determinations concerning whether
                                                                                                        International Trade Administration,
                                                 Commerce’s procedures for the                          U.S. Department of Commerce, 1401                           particular companies should be
                                               conduct of Sunset Review are set forth                   Constitution Avenue NW, Washington,                         ‘‘collapsed’’ (i.e., treated as a single
                                               in 19 CFR 351.218. The Notice of                         DC 20230, telephone: (202) 482–4735.                        entity for purposes of calculating
                                               Initiation of Five-Year (Sunset) Review                                                                              antidumping duty rates) require a
                                               provides further information regarding                   Background                                                  substantial amount of detailed
                                               what is required of all parties to                         Each year during the anniversary                          information and analysis, which often
                                               participate in Sunset Review.                            month of the publication of an                              require follow-up questions and
                                                 Pursuant to 19 CFR 351.103(c),                         antidumping or countervailing duty                          analysis. Accordingly, Commerce will
                                               Commerce will maintain and make                          order, finding, or suspended                                not conduct collapsing analyses at the
                                               available a service list for these                       investigation, an interested party, as                      respondent selection phase of a review
                                               proceedings. To facilitate the timely                    defined in section 771(9) of the Tariff                     and will not collapse companies at the
                                               preparation of the service list(s), it is                Act of 1930, as amended (the Act), may                      respondent selection phase unless there
                                               requested that those seeking recognition                 request, in accordance with 19 CFR                          has been a determination to collapse
                                               as interested parties to a proceeding                    351.213, that the Department of                             certain companies in a previous
                                               contact Commerce in writing within 10                    Commerce (Commerce) conduct an                              segment of this antidumping proceeding
                                               days of the publication of the Notice of                 administrative review of that                               (i.e., investigation, administrative
                                               Initiation.                                              antidumping or countervailing duty                          review, new shipper review or changed
                                                 Please note that if Commerce receives                  order, finding, or suspended                                circumstances review). For any
                                               a Notice of Intent to Participate from a                 investigation.                                              company subject to a review, if
                                               member of the domestic industry within                     All deadlines for the submission of                       Commerce determined, or continued to
                                               15 days of the date of initiation, the                   comments or actions by Commerce                             treat, that company as collapsed with
                                               review will continue.                                    discussed below refer to the number of                      others, Commerce will assume that such
                                                 Thereafter, any interested party                       calendar days from the applicable                           companies continue to operate in the
                                               wishing to participate in the Sunset                     starting date.                                              same manner and will collapse them for
                                               Review must provide substantive                          Respondent Selection                                        respondent selection purposes.
                                               comments in response to the notice of                                                                                Otherwise, Commerce will not collapse
                                               initiation no later than 30 days after the                 In the event Commerce limits the                          companies for purposes of respondent
                                               date of initiation.                                      number of respondents for individual                        selection. Parties are requested to (a)
                                                                                                        examination for administrative reviews                      identify which companies subject to
                                                 This notice is not required by statute,
                                                                                                        initiated pursuant to requests made for                     review previously were collapsed, and
                                               but is published as a service to the
                                                                                                        the orders identified below, Commerce                       (b) provide a citation to the proceeding
                                               international trading community.
                                                                                                        intends to select respondents based on                      in which they were collapsed. Further,
                                                 Dated: November 27, 2018.                              U.S. Customs and Border Protection                          if companies are requested to complete
                                               James Maeder,                                            (CBP) data for U.S. imports during the                      a Quantity and Value Questionnaire for
                                               Associate Deputy Assistant Secretary for                 period of review. We intend to release                      purposes of respondent selection, in
                                               Antidumping and Countervailing Duty                      the CBP data under Administrative                           general each company must report
                                               Operations performing the duties of Deputy               Protective Order (APO) to all parties                       volume and value data separately for
                                               Assistant Secretary for Antidumping and                  having an APO within five days of
                                               Countervailing Duty Operations.
                                                                                                                                                                    itself. Parties should not include data
                                                                                                        publication of the initiation notice and                    for any other party, even if they believe
                                               [FR Doc. 2018–26171 Filed 11–30–18; 8:45 am]             to make our decision regarding                              they should be treated as a single entity
                                               BILLING CODE 3510–DS–P                                   respondent selection within 21 days of                      with that other party. If a company was
                                                                                                        publication of the initiation Federal                       collapsed with another company or
                                                                                                        Register notice. Therefore, we                              companies in the most recently
                                               DEPARTMENT OF COMMERCE                                   encourage all parties interested in                         completed segment of a proceeding
                                                                                                        commenting on respondent selection to                       where Commerce considered collapsing
                                               International Trade Administration
                                                                                                        submit their APO applications on the                        that entity, complete quantity and value
khammond on DSK30JT082PROD with NOTICES




                                               Antidumping or Countervailing Duty                       date of publication of the initiation                       data for that collapsed entity must be
                                               Order, Finding, or Suspended                             notice, or as soon thereafter as possible.                  submitted.
                                               Investigation; Opportunity To Request                    Commerce invites comments regarding
                                                                                                        the CBP data and respondent selection                       Deadline for Withdrawal of Request for
                                               Administrative Review                                                                                                Administrative Review
                                                                                                        within five days of placement of the
                                               AGENCY:  Enforcement and Compliance,                     CBP data on the record of the review.                         Pursuant to 19 CFR 351.213(d)(1), a
                                               International Trade Administration,                        In the event Commerce decides it is                       party that requests a review may
                                               Department of Commerce.                                  necessary to limit individual                               withdraw that request within 90 days of


                                          VerDate Sep<11>2014   16:52 Nov 30, 2018   Jkt 247001   PO 00000   Frm 00004    Fmt 4703   Sfmt 4703   E:\FR\FM\03DEN1.SGM      03DEN1


                                               62294                               Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices

                                               the date of publication of the notice of                               processing of any kind does not                                         However, in order to administer section
                                               initiation of the requested review. The                                accurately reflect the cost of production                               773(e) of the Act, Commerce must
                                               regulation provides that Commerce may                                  in the ordinary course of trade, the                                    receive PMS allegations and supporting
                                               extend this time if it is reasonable to do                             administering authority may use                                         factual information with enough time to
                                               so. Determinations by Commerce to                                      another calculation methodology under                                   consider the submission. Thus, should
                                               extend the 90-day deadline will be                                     this subtitle or any other calculation                                  an interested party wish to submit a
                                               made on a case-by-case basis.                                          methodology.’’ When an interested                                       PMS allegation and supporting new
                                                                                                                      party submits a PMS allegation pursuant                                 factual information pursuant to section
                                               Deadline for Particular Market                                         to section 773(e) of the Act, Commerce
                                               Situation Allegation                                                                                                                           773(e) of the Act, it must do so no later
                                                                                                                      will respond to such a submission                                       than 20 days after submission of initial
                                                  Section 504 of the Trade Preferences                                consistent with 19 CFR 351.301(c)(v). If                                Section D responses.
                                               Extension Act of 2015 amended the Act                                  Commerce finds that a PMS exists under
                                               by adding the concept of particular                                    section 773(e) of the Act, then it will                                    Opportunity to Request a Review: Not
                                               market situation (PMS) for purposes of                                 modify its dumping calculations                                         later than the last day of December
                                               constructed value under section 773(e)                                 appropriately.                                                          2018,2 interested parties may request
                                               of the Act.1 Section 773(e) of the Act                                   Neither section 773(e) of the Act nor                                 administrative review of the following
                                               states that ‘‘if a particular market                                   19 CFR 351.301(c)(v) set a deadline for                                 orders, findings, or suspended
                                               situation exists such that the cost of                                 the submission of PMS allegations and                                   investigations, with anniversary dates in
                                               materials and fabrication or other                                     supporting factual information.                                         December for the following periods:

                                                                                                                                                                                                                              Period of review

                                                                                                 Antidumping duty proceedings
                                               BRAZIL: Carbon Steel Butt-Weld Pipe Fittings, A–351–602 ..............................................................................................                            12/1/17–11/30/18
                                               CHILE: Certain Preserved Mushrooms, A–337–804 ..........................................................................................................                          12/1/17–11/30/18
                                               GERMANY: Non-Oriented Electrical Steel, A–428–843 .....................................................................................................                           12/1/17–11/30/18
                                               INDIA:
                                                   Carbazole Violet Pigment 23, A–533–838 ...................................................................................................................                    12/1/17–11/30/18
                                                   Certain Hot-Rolled Carbon Steel Flat Products, A–533–820 ......................................................................................                               12/1/17–11/30/18
                                                   Commodity Matchbooks, A–533–848 ..........................................................................................................................                    12/1/17–11/30/18
                                                   Stainless Steel Wire Rod, A–533–808 .........................................................................................................................                 12/1/17–11/30/18
                                               INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, A–560–812 ........................................................................                                      12/1/17–11/30/18
                                               JAPAN:
                                                   Prestressed Concrete Steel Wire Strand, A–588–068 ................................................................................................                            12/1/17–11/30/18
                                                   Non-Oriented Electrical Steel, A–588–872 ..................................................................................................................                   12/1/17–11/30/18
                                                   Welded Large Diameter Line Pipe, A–588–857 ..........................................................................................................                         12/1/17–11/30/18
                                               OMAN: Circular Welded Carbon-Quality Steel Pipe, A–523–812 ......................................................................................                                 12/1/17–11/30/18
                                               PAKISTAN: Circular Welded Carbon-Quality Steel Pipe, A–553–903 ...............................................................................                                    12/1/17–11/30/18
                                               REPUBLIC OF KOREA:
                                                   Non-Oriented Electrical Steel, A–580–872 ..................................................................................................................                   12/1/17–11/30/18
                                                   Welded Astm A–312 Stainless Steel Pipe, A–580–810 ..............................................................................................                              12/1/17–11/30/18
                                                   Welded Line Pipe, A–580–876 .....................................................................................................................................             12/1/17–11/30/18
                                               RUSSIA: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, A–821–809 ......................................................                                            12/1/17–11/30/18
                                               SOCIALIST REPUBLIC OF VIETNAM: Uncovered Innerspring Units, A–552–803 ...........................................................                                                 12/1/17–11/30/18
                                               SOUTH AFRICA: Uncovered Innerspring Units, A–791–821 .............................................................................................                                12/1/17–11/30/18
                                               SWEDEN: Non-Oriented Electrical Steel, A–401–809 ........................................................................................................                         12/1/17–11/30/18
                                               TAIWAN:
                                                   Carbon Steel Butt-Weld Pipe Fittings, A–583–605 ......................................................................................................                        12/1/17–11/30/18
                                                   Non-Oriented Electrical Steel, A–583–851 ..................................................................................................................                   12/1/17–11/30/18
                                                   Steel Wire Garment Hangers, A–583–849 ..................................................................................................................                      12/1/17–11/30/18
                                                   Welded Astm A–312 Stainless Steel Pipe, A–583–815 ..............................................................................................                              12/1/17–11/30/18
                                               THE PEOPLE’S REPUBLIC OF CHINA:
                                                   Carbazole Violet Pigment 23, A–570–892 ...................................................................................................................                    12/1/17–11/30/18
                                                   Cased Pencils, A–570–827 ..........................................................................................................................................           12/1/17–11/30/18
                                                   Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, A–570–979 ...................................                                                  12/1/17–11/30/18
                                                   Hand Trucks and Certain Parts Thereof, A–570–891 .................................................................................................                            12/1/17–11/30/18
                                                   Honey, A–570–863 .......................................................................................................................................................      12/1/17–11/30/18
                                                   Malleable Cast Iron Pipe Fittings, A–570–881 .............................................................................................................                    12/1/17–11/30/18
                                                   Melamine, A–570–020 ..................................................................................................................................................        12/1/17–11/30/18
                                                   Multilayered Wood Flooring, A–570–970 .....................................................................................................................                   12/1/17–11/30/18
                                                   Non-Oriented Electrical Steel, A–570–996 ..................................................................................................................                   12/1/17–11/30/18
                                                   Porcelain-On-Steel Cooking Ware, A–570–506 ...........................................................................................................                        12/1/17–11/30/18
                                                   Silicomanganese, A–570–828 ......................................................................................................................................             12/1/17–11/30/18
                                               TURKEY: Welded Line Pipe, A–489–822 ...........................................................................................................................                   12/1/17–11/30/18
                                               UNITED ARAB EMIRATES: Circular Welded Carbon-Quality Steel Pipe A–520–807 ......................................................                                                  12/1/17–11/30/18
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                                                                                                       Countervailing Duty Proceedings
                                               INDIA:
                                                   Carbazole Violet Pigment 23, C–533–839, ..................................................................................................................                     1/1/17–12/31/17
                                                   Certain Hot-Rolled Carbon Steel Flat Products, C–533–821 ......................................................................................                                1/1/17–12/31/17


                                                 1 See Trade Preferences Extension Act of 2015,                         2 Or the next business day, if the deadline falls

                                               Public Law 114–27, 129 Stat. 362 (2015).                               on a weekend, federal holiday or any other day
                                                                                                                      when Commerce is closed.


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                                                                                   Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices                                                                              62295

                                                                                                                                                                                                                              Period of review

                                                  Commodity Matchbooks, C–533–849 ..........................................................................................................................                      1/1/17–12/31/17
                                               INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, C–560–813 .......................................................................                                        1/1/17–12/31/17
                                               TAIWAN: Non-Oriented Electrical Steel, C–583–852 .........................................................................................................                         1/1/17–12/31/17
                                               THAILAND: Certain Hot-Rolled Carbon Steel Flat Products, C–549–818 .........................................................................                                       1/1/17–12/31/17
                                               THE PEOPLE’S REPUBLIC OF CHINA:
                                                  Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, C–570–980 ..................................                                                     1/1/17–12/31/17
                                                  Melamine, C–570–021 .................................................................................................................................................           1/1/17–12/31/17
                                                  Non-Oriented Electrical Steel, C–570–997 ..................................................................................................................                     1/1/17–12/31/17
                                                  Multilayered Wood Flooring, C–570–971 .....................................................................................................................                     1/1/17–12/31/17
                                               TURKEY: Welded Line Pipe, C–489–823 ...........................................................................................................................                    1/1/17–12/31/17
                                                                                                                            Suspension Agreements
                                               MEXICO:
                                                  Sugar, A–201–845 ........................................................................................................................................................      12/1/17–11/30/18
                                                  Sugar, C–201–846 .......................................................................................................................................................        1/1/17–12/31/17



                                                  In accordance with 19 CFR                                           Proceedings: Assessment of                                              NME entity). Following initiation of an
                                               351.213(b), an interested party as                                     Antidumping Duties, 76 FR 65694                                         antidumping administrative review
                                               defined by section 771(9) of the Act may                               (October 24, 2011), Commerce clarified                                  when there is no review requested of the
                                               request in writing that the Secretary                                  its practice with respect to the                                        NME entity, Commerce will instruct
                                               conduct an administrative review. For                                  collection of final antidumping duties                                  CBP to liquidate entries for all exporters
                                               both antidumping and countervailing                                    on imports of merchandise where                                         not named in the initiation notice,
                                               duty reviews, the interested party must                                intermediate firms are involved. The                                    including those that were suspended at
                                               specify the individual producers or                                    public should be aware of this                                          the NME entity rate.
                                               exporters covered by an antidumping                                    clarification in determining whether to                                   All requests must be filed
                                               finding or an antidumping or                                           request an administrative review of                                     electronically in Enforcement and
                                               countervailing duty order or suspension                                merchandise subject to antidumping                                      Compliance’s Antidumping and
                                               agreement for which it is requesting a                                 findings and orders.3                                                   Countervailing Duty Centralized
                                               review. In addition, a domestic                                           Commerce no longer considers the                                     Electronic Service System (ACCESS) on
                                               interested party or an interested party                                non-market economy (NME) entity as an                                   Enforcement and Compliance’s ACCESS
                                               described in section 771(9)(B) of the Act                              exporter conditionally subject to an                                    website at http://access.trade.gov.6
                                               must state why it desires the Secretary                                antidumping duty administrative                                         Further, in accordance with 19 CFR
                                               to review those particular producers or                                reviews.4 Accordingly, the NME entity                                   351.303(f)(l)(i), a copy of each request
                                               exporters. If the interested party intends                             will not be under review unless                                         must be served on the petitioner and
                                               for the Secretary to review sales of                                   Commerce specifically receives a                                        each exporter or producer specified in
                                               merchandise by an exporter (or a                                       request for, or self-initiates, a review of                             the request.
                                               producer if that producer also exports                                 the NME entity.5 In administrative                                        Commerce will publish in the Federal
                                               merchandise from other suppliers)                                      reviews of antidumping duty orders on                                   Register a notice of ‘‘Initiation of
                                               which was produced in more than one                                    merchandise from NME countries where                                    Administrative Review of Antidumping
                                               country of origin and each country of                                  a review of the NME entity has not been                                 or Countervailing Duty Order, Finding,
                                               origin is subject to a separate order, then                            initiated, but where an individual                                      or Suspended Investigation’’ for
                                               the interested party must state                                        exporter for which a review was                                         requests received by the last day of
                                               specifically, on an order-by-order basis,                              initiated does not qualify for a separate                               December 2018. If Commerce does not
                                               which exporter(s) the request is                                       rate, Commerce will issue a final                                       receive, by the last day of December
                                               intended to cover.                                                     decision indicating that the company in                                 2018, a request for review of entries
                                                  Note that, for any party Commerce                                   question is part of the NME entity.                                     covered by an order, finding, or
                                               was unable to locate in prior segments,                                However, in that situation, because no                                  suspended investigation listed in this
                                               Commerce will not accept a request for                                 review of the NME entity was                                            notice and for the period identified
                                               an administrative review of that party                                 conducted, the NME entity’s entries                                     above, Commerce will instruct CBP to
                                               absent new information as to the party’s                               were not subject to the review and the                                  assess antidumping or countervailing
                                               location. Moreover, if the interested                                  rate for the NME entity is not subject to                               duties on those entries at a rate equal to
                                               party who files a request for review is                                change as a result of that review                                       the cash deposit of estimated
                                               unable to locate the producer or                                       (although the rate for the individual                                   antidumping or countervailing duties
                                               exporter for which it requested the                                    exporter may change as a function of the                                required on those entries at the time of
                                               review, the interested party must                                      finding that the exporter is part of the                                entry, or withdrawal from warehouse,
                                               provide an explanation of the attempts                                                                                                         for consumption and to continue to
                                               it made to locate the producer or                                        3 See also the Enforcement and Compliance                             collect the cash deposit previously
                                               exporter at the same time it files its                                 website at http://trade.gov/enforcement/.                               ordered.
                                               request for review, in order for the                                     4 See Antidumping Proceedings: Announcement                             For the first administrative review of
                                                                                                                      of Change in Department Practice for Respondent                         any order, there will be no assessment
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                                               Secretary to determine if the interested                               Selection in Antidumping Duty Proceedings and
                                               party’s attempts were reasonable,                                                                                                              of antidumping or countervailing duties
                                                                                                                      Conditional Review of the Nonmarket Economy
                                               pursuant to 19 CFR 351.303(f)(3)(ii).                                  Entity in NME Antidumping Duty Proceedings, 78
                                                                                                                                                                                              on entries of subject merchandise
                                                  As explained in Antidumping and                                     FR 65963 (November 4, 2013).                                            entered, or withdrawn from warehouse,
                                                                                                                        5 In accordance with 19 CFR 351.213(b)(1), parties
                                               Countervailing Duty Proceedings:
                                                                                                                      should specify that they are requesting a review of                       6 See Antidumping and Countervailing Duty
                                               Assessment of Antidumping Duties, 68                                   entries from exporters comprising the entity, and to                    Proceedings: Electronic Filing Procedures;
                                               FR 23954 (May 6, 2003), and Non-                                       the extent possible, include the names of such                          Administrative Protective Order Procedures, 76 FR
                                               Market Economy Antidumping                                             exporters in their request.                                             39263 (July 6, 2011).



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                                               62296                       Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices

                                               for consumption during the relevant                         SUMMARY:   In accordance with the Tariff                        Background
                                               provisional-measures ‘‘gap’’ period of                      Act of 1930, as amended (the Act), the
                                               the order, if such a gap period is                          Department of Commerce (Commerce) is                              Commerce’s procedures for the
                                               applicable to the period of review.                         automatically initiating the five-year                          conduct of Sunset Reviews are set forth
                                                 This notice is not required by statute                    reviews (Sunset Reviews) of the                                 in its Procedures for Conducting Five-
                                               but is published as a service to the                        antidumping and countervailing duty                             Year (Sunset) Reviews of Antidumping
                                               international trading community.                            (AD/CVD) order(s) listed below. The                             and Countervailing Duty Orders, 63 FR
                                                 Dated: November 27, 2018.                                 International Trade Commission (the                             13516 (March 20, 1998) and 70 FR
                                               James Maeder,                                               Commission) is publishing concurrently                          62061 (October 28, 2005). Guidance on
                                               Associate Deputy Assistant Secretary for                    with this notice its notice of Institution                      methodological or analytical issues
                                               Antidumping and Countervailing Duty                         of Five-Year Reviews which covers the                           relevant to Commerce’s conduct of
                                               Operations performing the duties of Deputy                  same order(s).                                                  Sunset Reviews is set forth in
                                               Assistant Secretary for Antidumping and                     DATES: Applicable (December 1, 2018).                           Antidumping Proceedings: Calculation
                                               Countervailing Duty Operations.                                                                                             of the Weighted-Average Dumping
                                               [FR Doc. 2018–26169 Filed 11–30–18; 8:45 am]                FOR FURTHER INFORMATION CONTACT:
                                                                                                           Commerce official identified in the                             Margin and Assessment Rate in Certain
                                               BILLING CODE 3510–DS–P
                                                                                                           Initiation of Review section below at                           Antidumping Duty Proceedings; Final
                                                                                                           AD/CVD Operations, Enforcement and                              Modification, 77 FR 8101 (February 14,
                                                                                                           Compliance, International Trade                                 2012).
                                               DEPARTMENT OF COMMERCE
                                                                                                           Administration, U.S. Department of                              Initiation of Review
                                               International Trade Administration                          Commerce, 1401 Constitution Avenue
                                                                                                           NW, Washington, DC 20230. For                                     In accordance with section 751(c) of
                                               Initiation of Five-Year (Sunset)                            information from the Commission                                 the Act and 19 CFR 351.218(c), we are
                                               Reviews                                                     contact Mary Messer, Office of                                  initiating the Sunset Reviews of the
                                               AGENCY:  Enforcement and Compliance,                        Investigations, U.S. International Trade                        following antidumping and
                                               International Trade Administration,                         Commission at (202) 205–3193.                                   countervailing duty order(s):
                                               Department of Commerce.                                     SUPPLEMENTARY INFORMATION:

                                                 DOC case                                                                                                                                           Commerce
                                                                   ITC case No.                            Country                                           Product
                                                   No.                                                                                                                                               contact

                                               A–570–909 ...     731–TA–1114 ...        China .............................................   Steel Nails (2nd Review) ...............   Matthew Renkey (202) 482–2312.



                                               Filing Information                                          formats provided in 19 CFR 351.303(g).3                         enforcement.trade.gov/frn/2013/
                                                                                                           Commerce intends to reject factual                              1309frn/2013-22853.txt, prior to
                                                 As a courtesy, we are making                              submissions if the submitting party does                        submitting factual information in these
                                               information related to sunset                               not comply with applicable revised                              segments.5
                                               proceedings, including copies of the                        certification requirements.
                                               pertinent statute and Commerce’s                                                                                            Letters of Appearance and
                                                                                                             On April 10, 2013, Commerce
                                               regulations, Commerce’s schedule for                                                                                        Administrative Protective Orders
                                                                                                           modified two regulations related to AD/
                                               Sunset Reviews, a listing of past                           CVD proceedings: The definition of
                                               revocations and continuations, and                                                                                            Pursuant to 19 CFR 351.103(d),
                                                                                                           factual information (19 CFR                                     Commerce will maintain and make
                                               current service lists, available to the                     351.102(b)(21)), and the time limits for
                                               public on Commerce’s website at the                                                                                         available a public service list for these
                                                                                                           the submission of factual information                           proceedings. Parties wishing to
                                               following address: http://                                  (19 CFR 351.301).4 Parties are advised to
                                               enforcement.trade.gov/sunset/. All                                                                                          participate in any of these five-year
                                                                                                           review the final rule, available at http://                     reviews must file letters of appearance
                                               submissions in these Sunset Reviews                         enforcement.trade.gov/frn/2013/
                                               must be filed in accordance with                                                                                            as discussed at 19 CFR 351.103(d)). To
                                                                                                           1304frn/2013-08227.txt, prior to                                facilitate the timely preparation of the
                                               Commerce’s regulations regarding                            submitting factual information in these
                                               format, translation, and service of                                                                                         public service list, it is requested that
                                                                                                           segments. To the extent that other                              those seeking recognition as interested
                                               documents. These rules, including                           regulations govern the submission of
                                               electronic filing requirements via                                                                                          parties to a proceeding submit an entry
                                                                                                           factual information in a segment (such                          of appearance within 10 days of the
                                               Enforcement and Compliance’s                                as 19 CFR 351.218), these time limits
                                               Antidumping and Countervailing Duty                                                                                         publication of the Notice of Initiation.
                                                                                                           will continue to be applied. Parties are                        Because deadlines in Sunset Reviews
                                               Centralized Electronic Service System                       also advised to review the final rule
                                               (ACCESS), can be found at 19 CFR                                                                                            can be very short, we urge interested
                                                                                                           concerning the extension of time limits                         parties who want access to proprietary
                                               351.303.1                                                   for submissions in AD/CVD                                       information under administrative
                                                 Any party submitting factual                              proceedings, available at http://                               protective order (APO) to file an APO
                                               information in an AD/CVD proceeding                                                                                         application immediately following
                                               must certify to the accuracy and                              3 See also Certification of Factual Information to
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                                                                                                                                                                           publication in the Federal Register of
                                               completeness of that information.2                          Import Administration During Antidumping and
                                                                                                           Countervailing Duty Proceedings, 78 FR 42678 (July              this notice of initiation. Commerce’s
                                               Parties must use the certification
                                                                                                           17, 2013) (Final Rule). Answers to frequently asked             regulations on submission of proprietary
                                                                                                           questions regarding the Final Rule are available at             information and eligibility to receive
                                                 1 See also Antidumping and Countervailing Duty            http://enforcement.trade.gov/tlei/notices/factual_
                                               Proceedings: Electronic Filing Procedures;                  info_final_rule_FAQ_07172013.pdf.
                                                                                                                                                                           access to business proprietary
                                               Administrative Protective Order Procedures, 76 FR             4 See Definition of Factual Information and Time
                                               39263 (July 6, 2011).                                       Limits for Submission of Factual Information: Final               5 See Extension of Time Limits, 78 FR 57790
                                                 2 See section 782(b) of the Act.                          Rule, 78 FR 21246 (April 10, 2013).                             (September 20, 2013).



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Document Created: 2018-12-01 00:56:53
Document Modified: 2018-12-01 00:56:53
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
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 62293 

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