83_FR_9327 83 FR 9284 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

83 FR 9284 - 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 43 (March 5, 2018)

Page Range9284-9287
FR Document2018-04394

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9284-9287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04394]


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

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

[[Page 9285]]

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. In order to provide parties additional certainty with respect to 
when Commerce will exercise its discretion to extend this 90-day 
deadline, interested parties are advised that, with regard to reviews 
requested on the basis of anniversary months on or after March 2018, 
Commerce does not intend to extend the 90-day deadline unless the 
requestor demonstrates that an extraordinary circumstance prevented it 
from submitting a timely withdrawal request. Determinations by Commerce 
to extend the 90-day deadline will be made on a case-by-case basis.
    Commerce is providing this notice on its website, as well as in its 
``Opportunity to Request Administrative Review'' notices, so that 
interested parties will be aware of the manner in which Commerce 
intends to exercise its discretion in the future.
    Opportunity To Request a Review: Not later than the last day of 
March 2018,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in March for the following periods:
---------------------------------------------------------------------------

    \1\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed.

------------------------------------------------------------------------
                                                     Period of review
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
Australia: Uncoated Paper, A-602-807...........           3/1/17-2/28/18
Brazil: Uncoated Paper, A-351-842..............           3/1/17-2/28/18
Canada: Iron Construction Castings, A-122-503..           3/1/17-2/28/18
France: Brass Sheet & Strip, A-427-602.........           3/1/17-2/28/18
Germany: Brass Sheet & Strip, A-428-602........           3/1/17-2/28/18
India:
    Off-The-Road Tires, A-533-869..............           2/2/17-2/28/18
    Sulfanilic Acid, A-533-806.................           3/1/17-2/28/18
Indonesia: Uncoated Paper, A-560-828...........           3/1/17-2/28/18
Italy: Brass Sheet & Strip, A-475-601..........           3/1/17-2/28/18
Portugal: Uncoated Paper, A-471-807............           3/1/17-2/28/18
Russia: Silicon Metal, A-821-817...............           3/1/17-2/28/18
Spain: Stainless Steel Bar, A-469-805..........           3/1/17-2/28/18
Taiwan: Light-Walled Rectangular Welded Carbon            3/1/17-2/28/18
 Steel Pipe and Tube, A-583-803................
Thailand: Circular Welded Carbon Steel Pipes              3/1/17-2/28/18
 and Tubes, A-549-502..........................
The People's Republic of China:
    Ammonium Sulfate, A-570-049................          11/9/16-2/28/18
    Amorphous Silica Fabric, A-570-038.........           9/1/16-2/28/18
    Biaxial Integral Geogrid Products, A-570-            8/22/16-2/28/18
     036.......................................
    Carbon and Alloy Steel Cut-To-Length Plate,         11/14/16-2/28/18
     A-570-047.................................
    Chloropicrin, A-570-002....................           3/1/17-2/28/18
    Circular Welded Austenitic Stainless                  3/1/17-2/28/18
     Pressure Pipe, A-570-930..................
    Glycine, A-570-836.........................           3/1/17-2/28/18
    Sodium Hexametaphosphate, A-570-908........           3/1/17-2/28/18
    Certain Tissue Paper Products, A-570-894...           3/1/17-2/28/18

[[Page 9286]]

 
    Uncoated Paper, A-570-022..................           3/1/17-2/28/18
 
        Countervailing Duty Proceedings
 
India:
    Sulfanilic Acid, C-533-807.................          1/1/17-12/31/17
    Off-The-Road Tires, C-533-870..............         6/20/16-12/31/17
Indonesia: Uncoated Paper, C-560-829...........          1/1/17-12/31/17
Iran: In-Shell Pistachios, C-507-501...........          1/1/17-12/31/17
Sri Lanka:
    Off-The-Road Tires, C-542-801..............         6/20/16-12/31/17
    The People's Republic of China: Ammonium            11/2/16-12/31/17
     Sulfate, C-570-050........................
    Amorphous Silica Fabric, C-570-038.........          7/5/16-12/31/17
    Biaxial Integral Geogrid Products, C-570-           6/24/16-12/31/17
     037.......................................
    Carbon and Alloy Steel Cut-To-Length Plate,         9/13/16-12/31/17
     C-570-048.................................
    Circular Welded Austenitic Stainless                 1/1/17-12/31/17
     Pressure Pipe, C-570-931..................
    Uncoated Paper, C-570-023..................          1/1/17-12/31/17
Turkey: Circular Welded Carbon Steel Pipes and           1/1/17-12/31/17
 Tubes, C-489-502..............................
 
             Suspension Agreements
 
Mexico: Fresh Tomatoes, A-201-820..............           3/1/17-2/28/18
------------------------------------------------------------------------

    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 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 March 2018. If Commerce does not receive, by the 
last day of March 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

[[Page 9287]]

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: February 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. 2018-04394 Filed 3-2-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                9284                            Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices

                                                cost-to-price-link.16 In the event that a                with 19 CFR 351.305(a)(3). Timely                     scope if application of either the nominal or
                                                countervailing duty order is issued and                  written notification of the return or                 actual measurement would place it within
                                                suspension of liquidation continues in                   destruction of APO materials, or                      the scope based on the definitions set forth
                                                the companion countervailing duty                        conversion to judicial protective order,              above. The products under investigation are
                                                                                                                                                               currently classifiable under Harmonized
                                                investigation on aluminum foil from                      is hereby requested. Failure to comply                Tariff Schedule of the United States (HTSUS)
                                                China, Commerce will continue to                         with the regulations and terms of an                  subheadings 7607.11.3000, 7607.11.6000,
                                                instruct CBP to require cash deposits                    APO is a violation subject to sanction.               7607.11.9030, 7607.11.9060, 7607.11.9090,
                                                adjusted by the amount of export                                                                               and 7607.19.6000. Further, merchandise that
                                                subsidies, as appropriate.                               Notification to Interested Parties
                                                                                                                                                               falls within the scope of this proceeding may
                                                                                                            This determination and notice are                  also be entered into the United States under
                                                International Trade Commission                           issued and published in accordance                    HTSUS subheadings 7606.11.3060,
                                                Notification                                             with sections 735(d) and 777(i) of the                7606.11.6000, 7606.12.3045, 7606.12.3055,
                                                   In accordance with section 735(d) of                  Act and 19 CFR 351.210(c).                            7606.12.3090, 7606.12.6000, 7606.91.3090,
                                                the Act, we will notify the U.S.                                                                               7606.91.6080, 7606.92.3090, and
                                                                                                           Dated: February 26, 2018.                           7606.92.6080.
                                                International Trade Commission (ITC) of
                                                                                                         Prentiss Lee Smith,                                      Although the HTSUS subheadings are
                                                the final affirmative determination of
                                                                                                         Deputy Assistant Secretary for Policy and             provided for convenience and customs
                                                sales at less than fair value. Because the                                                                     purposes, the written description of the
                                                                                                         Negotiations.
                                                final determination in this proceeding is                                                                      scope of this proceeding is dispositive.
                                                affirmative, the ITC will make its final                 Appendix I
                                                                                                                                                               [FR Doc. 2018–04401 Filed 3–2–18; 8:45 am]
                                                determination, in accordance with                        Contents of the Accompanying Issues and               BILLING CODE 3510–DS–P
                                                section 735(b)(2) of the Act, as to                      Decision Memorandum
                                                whether the domestic industry in the
                                                                                                         I. Summary
                                                United States is materially injured, or                  II. Background                                        DEPARTMENT OF COMMERCE
                                                threatened with material injury, by                      III. Period of Investigation
                                                reason of imports of certain aluminum                    IV. Scope of the Investigation                        International Trade Administration
                                                foil from China no later than 45 days                    V. Scope Comments
                                                after our final determination. If the ITC                VI. Discussion of the Issues                          Antidumping or Countervailing Duty
                                                determines that material injury or threat                   Comment 1: Surrogate Country and                   Order, Finding, or Suspended
                                                of material injury does not exist, this                        Surrogate Values                                Investigation; Opportunity To Request
                                                proceeding will be terminated and all                       Comment 2: International Freight
                                                                                                            Comment 3: Marine Insurance
                                                                                                                                                               Administrative Review
                                                securities posted will be refunded or                       Comment 4: Value Added Tax Calculation
                                                canceled. If the ITC determines that                                                                           AGENCY:  Enforcement and Compliance,
                                                                                                            Comment 5: Deferral of Preliminary                 International Trade Administration,
                                                such injury does exist, then Commerce                          Determination and Deadline for Final
                                                will issue an antidumping duty order                           Determination
                                                                                                                                                               Department of Commerce.
                                                directing CBP to assess, upon further                       Comment 6: Ministerial Errors                      FOR FURTHER INFORMATION CONTACT:
                                                instruction by Commerce, antidumping                        Comment 7: Affiliation and Collapsing              Brenda E. Brown, Office of AD/CVD
                                                duties on all imports of the subject                           Status of Liansheng and an Upstream             Operations, Customs Liaison Unit,
                                                merchandise entered, or withdrawn                              Producer                                        Enforcement and Compliance,
                                                                                                            Comment 8: Application of Partial Adverse          International Trade Administration,
                                                from warehouse, for consumption on or                          Facts Available (AFA)
                                                after the effective date of the suspension                                                                     U.S. Department of Commerce, 1401
                                                                                                            Comment 9: Double Remedy Adjustment
                                                of liquidation.                                             Comment 10: Surrogate Value Adjustment             Constitution Avenue NW, Washington,
                                                                                                               for Steam                                       DC 20230, telephone: (202) 482–4735.
                                                Notification Regarding Administrative
                                                                                                            Comment 11: Surrogate Value for                    Background
                                                Protective Orders                                              Aluminum Scrap
                                                   This notice also serves as a reminder                 VII. Recommendation                                     Each year during the anniversary
                                                to parties subject to administrative                                                                           month of the publication of an
                                                                                                         Appendix II                                           antidumping or countervailing duty
                                                protective orders (APOs) of their
                                                responsibility concerning the                            Scope of the Investigation                            order, finding, or suspended
                                                disposition of proprietary information                      The merchandise covered by this                    investigation, an interested party, as
                                                disclosed under APO in accordance                        investigation is aluminum foil having a               defined in section 771(9) of the Tariff
                                                with 19 CFR 351.305(a)(3). Timely                        thickness of 0.2 mm or less, in reels                 Act of 1930, as amended (the Act), may
                                                written notification of the return or                    exceeding 25 pounds, regardless of width.             request, in accordance with 19 CFR
                                                                                                         Aluminum foil is made from an aluminum                351.213, that the Department of
                                                destruction of APO materials or
                                                                                                         alloy that contains more than 92 percent
                                                conversion to judicial protective order,                                                                       Commerce (Commerce) conduct an
                                                                                                         aluminum. Aluminum foil may be made to
                                                is hereby requested. Failure to comply                   ASTM specification ASTM B479, but can                 administrative review of that
                                                with the regulations and the terms of an                 also be made to other specifications.                 antidumping or countervailing duty
                                                APO is a sanctionable violation.                         Regardless of specification, however, all             order, finding, or suspended
                                                                                                         aluminum foil meeting the scope description           investigation.
                                                Return or Destruction of Proprietary                     is included in the scope, including                     All deadlines for the submission of
                                                Information                                              aluminum foil to which lubricant has been             comments or actions by Commerce
                                                  In the event the ITC issues a final                    applied to one or both sides of the foil.             discussed below refer to the number of
                                                                                                            Excluded from the scope of this
sradovich on DSK3GMQ082PROD with NOTICES




                                                negative injury determination, this                                                                            calendar days from the applicable
                                                notice serves as the only reminder to                    investigation is aluminum foil that is backed
                                                                                                                                                               starting date.
                                                                                                         with paper, paperboard, plastics, or similar
                                                parties subject to an APO of their
                                                                                                         backing materials on one side or both sides           Respondent Selection
                                                responsibility concerning the                            of the aluminum foil, as well as etched
                                                destruction of proprietary information                   capacitor foil and aluminum foil that is cut            In the event Commerce limits the
                                                disclosed under APO in accordance                        to shape.                                             number of respondents for individual
                                                                                                            Where the nominal and actual                       examination for administrative reviews
                                                  16 See   Issues and Decision Memorandum.               measurements vary, a product is within the            initiated pursuant to requests made for


                                           VerDate Sep<11>2014    19:25 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\05MRN1.SGM   05MRN1


                                                                                         Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices                                                                                 9285

                                                the orders identified below, Commerce                                   and will not collapse companies at the                                   Deadline for Withdrawal of Request for
                                                intends to select respondents based on                                  respondent selection phase unless there                                  Administrative Review
                                                U.S. Customs and Border Protection                                      has been a determination to collapse                                        Pursuant to 19 CFR 351.213(d)(1), a
                                                (CBP) data for U.S. imports during the                                  certain companies in a previous                                          party that requests a review may
                                                period of review. We intend to release                                  segment of this antidumping proceeding                                   withdraw that request within 90 days of
                                                the CBP data under Administrative                                       (i.e., investigation, administrative                                     the date of publication of the notice of
                                                Protective Order (APO) to all parties                                   review, new shipper review or changed                                    initiation of the requested review. The
                                                having an APO within five days of                                       circumstances review). For any
                                                publication of the initiation notice and                                                                                                         regulation provides that Commerce may
                                                                                                                        company subject to a review, if                                          extend this time if it is reasonable to do
                                                to make our decision regarding                                          Commerce determined, or continued to
                                                respondent selection within 21 days of                                                                                                           so. In order to provide parties additional
                                                                                                                        treat, that company as collapsed with                                    certainty with respect to when
                                                publication of the initiation Federal                                   others, Commerce will assume that such
                                                Register notice. Therefore, we                                                                                                                   Commerce will exercise its discretion to
                                                                                                                        companies continue to operate in the                                     extend this 90-day deadline, interested
                                                encourage all parties interested in                                     same manner and will collapse them for
                                                commenting on respondent selection to                                                                                                            parties are advised that, with regard to
                                                                                                                        respondent selection purposes.                                           reviews requested on the basis of
                                                submit their APO applications on the                                    Otherwise, Commerce will not collapse
                                                date of publication of the initiation                                                                                                            anniversary months on or after March
                                                                                                                        companies for purposes of respondent                                     2018, Commerce does not intend to
                                                notice, or as soon thereafter as possible.
                                                                                                                        selection. Parties are requested to (a)                                  extend the 90-day deadline unless the
                                                Commerce invites comments regarding
                                                                                                                        identify which companies subject to                                      requestor demonstrates that an
                                                the CBP data and respondent selection
                                                within five days of placement of the                                    review previously were collapsed, and                                    extraordinary circumstance prevented it
                                                CBP data on the record of the review.                                   (b) provide a citation to the proceeding                                 from submitting a timely withdrawal
                                                   In the event Commerce decides it is                                  in which they were collapsed. Further,                                   request. Determinations by Commerce to
                                                necessary to limit individual                                           if companies are requested to complete                                   extend the 90-day deadline will be
                                                examination of respondents and                                          a Quantity and Value Questionnaire for                                   made on a case-by-case basis.
                                                conduct respondent selection under                                      purposes of respondent selection, in                                        Commerce is providing this notice on
                                                section 777A(c)(2) of the Act:                                          general each company must report                                         its website, as well as in its
                                                   In general, Commerce finds that                                      volume and value data separately for                                     ‘‘Opportunity to Request Administrative
                                                determinations concerning whether                                       itself. Parties should not include data                                  Review’’ notices, so that interested
                                                particular companies should be                                          for any other party, even if they believe                                parties will be aware of the manner in
                                                ‘‘collapsed’’ (i.e., treated as a single                                they should be treated as a single entity                                which Commerce intends to exercise its
                                                entity for purposes of calculating                                      with that other party. If a company was                                  discretion in the future.
                                                antidumping duty rates) require a                                       collapsed with another company or                                           Opportunity To Request a Review: Not
                                                substantial amount of detailed                                          companies in the most recently                                           later than the last day of March 2018,1
                                                information and analysis, which often                                   completed segment of a proceeding                                        interested parties may request
                                                require follow-up questions and                                         where Commerce considered collapsing                                     administrative review of the following
                                                analysis. Accordingly, Commerce will                                    that entity, complete quantity and value                                 orders, findings, or suspended
                                                not conduct collapsing analyses at the                                  data for that collapsed entity must be                                   investigations, with anniversary dates in
                                                respondent selection phase of a review                                  submitted.                                                               March for the following periods:

                                                                                                                                                                                                                                 Period of review

                                                                                                    Antidumping Duty Proceedings
                                                Australia: Uncoated Paper, A–602–807 ..............................................................................................................................                   3/1/17–2/28/18
                                                Brazil: Uncoated Paper, A–351–842 ...................................................................................................................................                 3/1/17–2/28/18
                                                Canada: Iron Construction Castings, A–122–503 ...............................................................................................................                         3/1/17–2/28/18
                                                France: Brass Sheet & Strip, A–427–602 ...........................................................................................................................                    3/1/17–2/28/18
                                                Germany: Brass Sheet & Strip, A–428–602 .......................................................................................................................                       3/1/17–2/28/18
                                                India:
                                                      Off-The-Road Tires, A–533–869 ..................................................................................................................................                2/2/17–2/28/18
                                                      Sulfanilic Acid, A–533–806 ...........................................................................................................................................          3/1/17–2/28/18
                                                Indonesia: Uncoated Paper, A–560–828 ............................................................................................................................                     3/1/17–2/28/18
                                                Italy: Brass Sheet & Strip, A–475–601 ................................................................................................................................                3/1/17–2/28/18
                                                Portugal: Uncoated Paper, A–471–807 ...............................................................................................................................                   3/1/17–2/28/18
                                                Russia: Silicon Metal, A–821–817 .......................................................................................................................................              3/1/17–2/28/18
                                                Spain: Stainless Steel Bar, A–469–805 ..............................................................................................................................                  3/1/17–2/28/18
                                                Taiwan: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 .....................................................                                                   3/1/17–2/28/18
                                                Thailand: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ............................................................................                                        3/1/17–2/28/18
                                                The People’s Republic of China:
                                                      Ammonium Sulfate, A–570–049 ...................................................................................................................................                11/9/16–2/28/18
                                                      Amorphous Silica Fabric, A–570–038 ..........................................................................................................................                   9/1/16–2/28/18
                                                      Biaxial Integral Geogrid Products, A–570–036 ............................................................................................................                      8/22/16–2/28/18
                                                      Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 ..........................................................................................                              11/14/16–2/28/18
                                                      Chloropicrin, A–570–002 ..............................................................................................................................................          3/1/17–2/28/18
sradovich on DSK3GMQ082PROD with NOTICES




                                                      Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ...............................................................................                                   3/1/17–2/28/18
                                                      Glycine, A–570–836 .....................................................................................................................................................        3/1/17–2/28/18
                                                      Sodium Hexametaphosphate, A–570–908 ...................................................................................................................                         3/1/17–2/28/18
                                                      Certain Tissue Paper Products, A–570–894 ................................................................................................................                       3/1/17–2/28/18



                                                  1 Or the next business day, if the deadline falls

                                                on a weekend, federal holiday or any other day
                                                when the Department is closed.

                                           VerDate Sep<11>2014        19:25 Mar 02, 2018        Jkt 244001      PO 00000       Frm 00027       Fmt 4703      Sfmt 4703      E:\FR\FM\05MRN1.SGM             05MRN1


                                                9286                                    Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices

                                                                                                                                                                                                                             Period of review

                                                      Uncoated Paper, A–570–022 .......................................................................................................................................           3/1/17–2/28/18
                                                                                                           Countervailing Duty Proceedings
                                                India:
                                                     Sulfanilic Acid, C–533–807 ..........................................................................................................................................       1/1/17–12/31/17
                                                     Off-The-Road Tires, C–533–870 ..................................................................................................................................           6/20/16–12/31/17
                                                Indonesia: Uncoated Paper, C–560–829 ............................................................................................................................                1/1/17–12/31/17
                                                Iran: In-Shell Pistachios, C–507–501 ..................................................................................................................................          1/1/17–12/31/17
                                                Sri Lanka:
                                                     Off-The-Road Tires, C–542–801 ..................................................................................................................................           6/20/16–12/31/17
                                                     The People’s Republic of China: Ammonium Sulfate, C–570–050 .............................................................................                                  11/2/16–12/31/17
                                                     Amorphous Silica Fabric, C–570–038 ..........................................................................................................................               7/5/16–12/31/17
                                                     Biaxial Integral Geogrid Products, C–570–037 ............................................................................................................                  6/24/16–12/31/17
                                                     Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ..........................................................................................                           9/13/16–12/31/17
                                                     Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ...............................................................................                               1/1/17–12/31/17
                                                     Uncoated Paper, C–570–023 .......................................................................................................................................           1/1/17–12/31/17
                                                Turkey: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ..............................................................................                                   1/1/17–12/31/17
                                                                                              Suspension Agreements
                                                Mexico: Fresh Tomatoes, A–201–820 ................................................................................................................................                3/1/17–2/28/18



                                                   In accordance with 19 CFR                                             As explained in Antidumping and                                     However, in that situation, because no
                                                351.213(b), an interested party as                                    Countervailing Duty Proceedings:                                       review of the NME entity was
                                                defined by section 771(9) of the Act may                              Assessment of Antidumping Duties, 68                                   conducted, the NME entity’s entries
                                                request in writing that the Secretary                                 FR 23954 (May 6, 2003), and Non-                                       were not subject to the review and the
                                                conduct an administrative review. For                                 Market Economy Antidumping                                             rate for the NME entity is not subject to
                                                both antidumping and countervailing                                   Proceedings: Assessment of                                             change as a result of that review
                                                duty reviews, the interested party must                               Antidumping Duties, 76 FR 65694                                        (although the rate for the individual
                                                specify the individual producers or                                   (October 24, 2011), Commerce clarified                                 exporter may change as a function of the
                                                exporters covered by an antidumping                                   its practice with respect to the                                       finding that the exporter is part of the
                                                finding or an antidumping or                                          collection of final antidumping duties                                 NME entity). Following initiation of an
                                                countervailing duty order or suspension                               on imports of merchandise where                                        antidumping administrative review
                                                agreement for which it is requesting a                                intermediate firms are involved. The                                   when there is no review requested of the
                                                review. In addition, a domestic                                       public should be aware of this                                         NME entity, Commerce will instruct
                                                interested party or an interested party                               clarification in determining whether to                                CBP to liquidate entries for all exporters
                                                described in section 771(9)(B) of the Act                             request an administrative review of                                    not named in the initiation notice,
                                                must state why it desires the Secretary                               merchandise subject to antidumping                                     including those that were suspended at
                                                to review those particular producers or                               findings and orders.2                                                  the NME entity rate.
                                                exporters. If the interested party intends                               Commerce no longer considers the                                       All requests must be filed
                                                for the Secretary to review sales of                                  non-market economy (NME) entity as an                                  electronically in Enforcement and
                                                merchandise by an exporter (or a                                      exporter conditionally subject to an                                   Compliance’s Antidumping and
                                                producer if that producer also exports                                antidumping duty administrative                                        Countervailing Duty Centralized
                                                merchandise from other suppliers)                                     reviews.3 Accordingly, the NME entity                                  Electronic Service System (ACCESS) on
                                                which was produced in more than one                                   will not be under review unless                                        Enforcement and Compliance’s ACCESS
                                                country of origin and each country of                                 Commerce specifically receives a                                       website at http://access.trade.gov.5
                                                origin is subject to a separate order, then                           request for, or self-initiates, a review of                            Further, in accordance with 19 CFR
                                                the interested party must state                                       the NME entity.4 In administrative                                     351.303(f)(l)(i), a copy of each request
                                                specifically, on an order-by-order basis,                             reviews of antidumping duty orders on                                  must be served on the petitioner and
                                                which exporter(s) the request is                                      merchandise from NME countries where                                   each exporter or producer specified in
                                                intended to cover.                                                    a review of the NME entity has not been                                the request.
                                                                                                                      initiated, but where an individual                                        Commerce will publish in the Federal
                                                   Note that, for any party Commerce                                  exporter for which a review was
                                                was unable to locate in prior segments,                                                                                                      Register a notice of ‘‘Initiation of
                                                                                                                      initiated does not qualify for a separate                              Administrative Review of Antidumping
                                                Commerce will not accept a request for                                rate, Commerce will issue a final
                                                an administrative review of that party                                                                                                       or Countervailing Duty Order, Finding,
                                                                                                                      decision indicating that the company in                                or Suspended Investigation’’ for
                                                absent new information as to the party’s                              question is part of the NME entity.
                                                location. Moreover, if the interested                                                                                                        requests received by the last day of
                                                party who files a request for review is                                                                                                      March 2018. If Commerce does not
                                                                                                                        2 See also the Enforcement and Compliance

                                                unable to locate the producer or                                      website at http://trade.gov/enforcement/.
                                                                                                                                                                                             receive, by the last day of March 2018,
                                                exporter for which it requested the                                     3 See Antidumping Proceedings: Announcement                          a request for review of entries covered
                                                review, the interested party must                                     of Change in Department Practice for Respondent                        by an order, finding, or suspended
sradovich on DSK3GMQ082PROD with NOTICES




                                                provide an explanation of the attempts
                                                                                                                      Selection in Antidumping Duty Proceedings and                          investigation listed in this notice and for
                                                                                                                      Conditional Review of the Nonmarket Economy                            the period identified above, Commerce
                                                it made to locate the producer or                                     Entity in NME Antidumping Duty Proceedings, 78
                                                exporter at the same time it files its                                FR 65963 (November 4, 2013).                                           will instruct CBP to assess antidumping
                                                                                                                        4 In accordance with 19 CFR 351.213(b)(1), parties
                                                request for review, in order for the
                                                                                                                      should specify that they are requesting a review of                      5 See Antidumping and Countervailing Duty
                                                Secretary to determine if the interested                              entries from exporters comprising the entity, and to                   Proceedings: Electronic Filing Procedures;
                                                party’s attempts were reasonable,                                     the extent possible, include the names of such                         Administrative Protective Order Procedures, 76 FR
                                                pursuant to 19 CFR 351.303(f)(3)(ii).                                 exporters in their request.                                            39263 (July 6, 2011).



                                           VerDate Sep<11>2014        19:25 Mar 02, 2018       Jkt 244001      PO 00000      Frm 00028      Fmt 4703      Sfmt 4703      E:\FR\FM\05MRN1.SGM             05MRN1


                                                                               Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices                                               9287

                                                or countervailing duties on those entries               Resources, NMFS, (301) 427–8401.                      Wharf recapitalization project at NSM,
                                                at a rate equal to the cash deposit of                  Electronic copies of the application and              FL. The Navy’s request is for take of
                                                estimated antidumping or                                supporting documents, as well as a list               bottlenose dolphins (Tursiops truncatus
                                                countervailing duties required on those                 of the references cited in this document,             truncatus) by only Level B harassment.
                                                entries at the time of entry, or                        may be obtained online at                             Neither the Navy nor NMFS expect
                                                withdrawal from warehouse, for                          www.nmfs.noaa.gov/pr/permits/                         mortality to result from this activity
                                                consumption and to continue to collect                  incidental/construction.htm. In case of               and, therefore, an IHA is appropriate.
                                                the cash deposit previously ordered.                    problems accessing these documents,                     NMFS previously issued IHAs to the
                                                   For the first administrative review of               please call the contact listed above.                 Navy for similar work at Bravo Wharf
                                                any order, there will be no assessment                  SUPPLEMENTARY INFORMATION:                            (81 FR 52637, 1 December 2016; revised
                                                of antidumping or countervailing duties                                                                       IHA for this activity: 82 FR 11344, 13
                                                                                                        Background                                            March 2017) and Wharf C–2, also
                                                on entries of subject merchandise
                                                entered, or withdrawn from warehouse,                      Sections 101(a)(5)(A) and (D) of the               located within NSM (80 FR 55598, 8
                                                for consumption during the relevant                     MMPA (16 U.S.C. 1361 et seq.) direct                  September 2015; 78 FR 71566, 1
                                                provisional-measures ‘‘gap’’ period of                  the Secretary of Commerce (as delegated               December 2013 and revised IHA for this
                                                the order, if such a gap period is                      to NMFS) to allow, upon request, the                  activity: 79 FR 27863, 1 September
                                                applicable to the period of review.                     incidental, but not intentional, taking of            2014). The Navy complied with all the
                                                   This notice is not required by statute               small numbers of marine mammals by                    requirements (e.g., mitigation,
                                                but is published as a service to the                    U.S. citizens who engage in a specified               monitoring, and reporting) of previous
                                                international trading community.                        activity (other than commercial fishing)              IHAs at Bravo Wharf (revised IHA for
                                                                                                        within a specified geographical region if             this activity: 82 FR 11344, 13 March
                                                  Dated: February 27, 2018.
                                                                                                        certain findings are made and either                  2017) and at Wharf C–2 (80 FR 55598,
                                                James Maeder,                                           regulations are issued or, if the taking is           8 September 2015; 79 FR 27863, 1
                                                Associate Deputy Assistant Secretary for                limited to harassment, a notice of a                  September 2014) and information
                                                Antidumping and Countervailing Duty                     proposed authorization is provided to                 regarding their monitoring results may
                                                Operations performing the duties of Deputy                                                                    be found at http://www.nmfs.noaa.gov/
                                                                                                        the public for review.
                                                Assistant Secretary for Antidumping and
                                                                                                           An authorization for incidental                    pr/permits/incidental/construction.htm.
                                                Countervailing Duty Operations.
                                                                                                        takings shall be granted if NMFS finds                  This IHA covers one year of a larger
                                                [FR Doc. 2018–04394 Filed 3–2–18; 8:45 am]
                                                                                                        that the taking will have a negligible                project for which the Navy obtained a
                                                BILLING CODE 3510–DS–P                                                                                        prior IHA at Bravo Wharf (81 FR 52637,
                                                                                                        impact on the species or stock(s), will
                                                                                                        not have an unmitigable adverse impact                1 December 2016; revised IHA for this
                                                                                                        on the availability of the species or                 activity: 82 FR 11344, 13 March 2017).
                                                DEPARTMENT OF COMMERCE                                                                                        The larger project involves
                                                                                                        stock(s) for subsistence uses (where
                                                National Oceanic and Atmospheric                        relevant), and if the permissible                     recapitalization of Bravo Wharf at three
                                                Administration                                          methods of taking and requirements                    berths in NSM spread across Phase I and
                                                                                                        pertaining to the mitigation, monitoring              Phase II, which involves installing 880
                                                RIN 0648–XF582                                          and reporting of such takings are set                 single sheet piles through the two
                                                                                                        forth.                                                phases and two years of authorizations;
                                                Takes of Marine Mammals Incidental to                      NMFS has defined ‘‘negligible                      this IHA authorizes the second year of
                                                Specified Activities; Taking Marine                     impact’’ in 50 CFR 216.103 as an impact               construction at Bravo Wharf.
                                                Mammals Incidental to Bravo Wharf                       resulting from the specified activity that
                                                Recapitalization Project, Year 2                                                                              Description of Proposed Activity
                                                                                                        cannot be reasonably expected to, and is
                                                                                                        not reasonably likely to, adversely affect               Bravo Wharf is a medium draft,
                                                AGENCY:  National Marine Fisheries                                                                            general purpose berthing wharf that was
                                                Service (NMFS), National Oceanic and                    the species or stock through effects on
                                                                                                        annual rates of recruitment or survival.              constructed in 1970 and lies at the
                                                Atmospheric Administration (NOAA),                                                                            western edge of the NSM turning basin
                                                Commerce.                                                  The MMPA states that the term ‘‘take’’
                                                                                                        means to harass, hunt, capture, kill or               at the mouth of the St. Johns River and
                                                ACTION: Notice; issuance of incidental                                                                        adjacent to the Atlantic Ocean. Bravo
                                                                                                        attempt to harass, hunt, capture, or kill
                                                harassment authorization.                               any marine mammal.                                    Wharf is approximately 2,000 feet (ft)
                                                                                                           Except with respect to certain                     long, 125 ft wide, and has a berthing
                                                SUMMARY:   In accordance with the
                                                                                                        activities not pertinent here, the MMPA               depth of 50 ft mean lower low water.
                                                regulations implementing the Marine
                                                                                                        defines ‘‘harassment’’ as any act of                  Bravo Wharf is currently in poor
                                                Mammal Protection Act (MMPA) as
                                                                                                        pursuit, torment, or annoyance which (i)              condition, and therefore, the Navy
                                                amended, notification is hereby given
                                                                                                        has the potential to injure a marine                  requested an IHA in order to conduct
                                                that NMFS has issued an incidental
                                                                                                        mammal or marine mammal stock in the                  necessary repairs at the Wharf via
                                                harassment authorization (IHA) to the
                                                                                                        wild (Level A harassment); or (ii) has                vibratory pile driving, and contingency
                                                Naval Facilities Engineering Command
                                                                                                        the potential to disturb a marine                     impact driving if necessary.
                                                Southeast and Naval Facilities                                                                                   This IHA covers one year of
                                                Engineering Command Atlantic (the                       mammal or marine mammal stock in the
                                                                                                        wild by causing disruption of behavioral              construction from March 13, 2018, to
                                                Navy) to incidentally harass, by Level B                                                                      March 12, 2019, during which the Navy
                                                harassment only, marine mammals                         patterns, including, but not limited to,
                                                                                                        migration, breathing, nursing, breeding,              plans a maximum of 40 days of
                                                during construction activities associated                                                                     construction, including 30 days of
sradovich on DSK3GMQ082PROD with NOTICES




                                                with recapitalization of Bravo Wharf,                   feeding, or sheltering (Level B
                                                                                                        harassment).                                          vibratory pile driving and 10 days of
                                                Year 2, in Naval Station Mayport (NSM),                                                                       impact driving, to install 234 steel sheet
                                                Jacksonville, Florida.                                  Summary of Request                                    piles. A detailed description of the
                                                DATES: This Authorization is effective                    On July 12, 2017, NMFS received a                   planned Bravo Wharf recapitalization
                                                from March 13, 2018, to March 12, 2019.                 request from the Navy for an IHA to take              project is provided in the Federal
                                                FOR FURTHER INFORMATION CONTACT:                        marine mammals incidental to pile                     Register notice for the proposed IHA (82
                                                Brianna Elliott, Office of Protected                    driving in association with the Bravo                 FR 55990; 27 November 2017). Since


                                           VerDate Sep<11>2014   19:25 Mar 02, 2018   Jkt 244001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\05MRN1.SGM   05MRN1



Document Created: 2018-03-03 02:46:04
Document Modified: 2018-03-03 02:46:04
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 9284 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR