Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 5712-5715 [2016-02007]
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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
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interested parties.3 Because the
Department has certain concerns with
the CBP entry data, on January 21, 2016,
we also issued a questionnaire to Anji
DaSol in order to seek additional
information with respect the data.4 The
Department intends to address these,
and any remaining issues, after
initiation of this NSR.5 We intend to
request entry documents from CBP in
order to confirm certain information
reported by Anji DaSol. The
continuation of the new shipper review
will be contingent upon confirmation of
the information reported in the review
request.
Anji DaSol stated that it is the
producer and exporter of the subject
merchandise upon which its request for
a new shipper review is based. Pursuant
to section 751(a)(2)(B)(i)(I) of the Act
and 19 CFR 351.214(b)(2)(i), Anji DaSol
certified that it did not export solar cells
to the United States during the period
of investigation (‘‘POI’’). In addition,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Anji DaSol certified that, since the
initiation of the investigation, it has
never been affiliated with any PRC
exporter or producer who exported solar
cells to the United States during the
POI, including those not individually
examined during the investigation. As
required by 19 CFR 351.214(b)(2)(iii)(B),
Anji DaSol also certified that its export
activities were not controlled by the
central government of the PRC.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Anji DaSol submitted
documentation establishing the
following: (1) The date on which the
subject merchandise was first entered,
or withdrawn from warehouse, for
consumption in the United States; (2)
the volume of its first shipment; and (3)
the date of its first sale to an unaffiliated
customer in the United States.7
The Department conducted a CBP
database query and confirmed by
examining the results that the sale of
subject merchandise that Anji DaSol
reported to the Department entered the
3 See Letter to All Interested Parties ‘‘Request for
a New Shipper Review of Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China 12/
01/2014–11/30/15: Anji DaSol Solar Energy Science
& Technology Co., Ltd.,’’ dated January 21, 2016
(‘‘CBP Data’’).
4 Due to the business proprietary nature of the
CBP data, see Initiation Checklist at Part I, question
15 for further information.
5 See Letter to Anji DaSol, ‘‘Request for New
Shipper Review of the Antidumping Duty Order on
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China,’’ dated January 21, 2016.
6 See NSR Request, at Exhibit 1.
7 Id. at Exhibit 2.
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United States during the POR specified
by the Department’s regulations.8
Period of Review
Pursuant to 19 CFR
351.214(g)(1)(i)(A), the POR for the new
shipper review of Anji DaSol is
December 1, 2014, through November
30, 2015.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and based on
the information on the record, the
Department finds that Anji DaSol meets
the threshold requirements for initiation
of a new shipper review of its shipment
of solar cells from the PRC.9 However,
if the information supplied by Anji
DaSol is later found to be incorrect or
insufficient during the course of this
proceeding, the Department may rescind
the review or apply facts available
pursuant to section 776 of the Act,
depending upon the facts on the record.
Pursuant to 19 CFR 351.221(c)(1)(i),
the Department will publish the notice
of initiation of a new shipper review no
later than the last day of the month
following the anniversary or semiannual
anniversary month of the order. The
Department intends to issue the
preliminary results of this new shipper
review no later than 180 days from the
date of initiation, and the final results
of this review no later than 90 days after
the date the preliminary results are
issued.10
It is the Department’s usual practice,
in cases involving non-market
economies (‘‘NME’’), to require that a
company seeking to establish eligibility
for an AD rate separate from the NMEwide entity rate provide evidence of de
jure and de facto absence of government
control over the company’s export
activities. Accordingly, we will issue a
questionnaire to Anji DaSol which will
include a section requesting information
with regard to its export activities for
the purpose of establishing its eligibility
for a separate rate. The new shipper
review of Anji DaSol will proceed if the
response provides sufficient indication
that the exporter is not subject to either
de jure or de facto government control
with respect to its exports of solar cells.
8 See
19 CFR 351.214(g)(1)(i)(A).
generally, Memorandum to the File through
Abdelali Elouaradia, Director, AD/CVD Operations,
Office IV, ‘‘Initiation of Antidumping New Shipper
Review of Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Anji DaSol Solar
Energy Science & Technology Co., Ltd., Initiation
Checklist,’’ dated concurrently with this notice
(‘‘Initiation Checklist’’).
10 See section 751(a)(2)(B)(iv) of the Act; 19 CFR
351.214(i).
9 See,
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We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise from Anji DaSol in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Anji DaSol certified that it
exports and produces the subject
merchandise that is the subject of this
new shipper review, we will instruct
CBP to permit the use of a bond only for
entries of subject merchandise which
Anji DaSol exported and produced.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: January 27, 2016.
James Maeder,
Senior Director Antidumping and
Countervailing Duty Operations, Office I.
[FR Doc. 2016–02002 Filed 2–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 (‘‘the Department’’) conduct
an administrative review of that
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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department 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. The Department
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 the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department 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, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
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where the Department 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 the Department
may extend this time if it is reasonable
to do so. In order to provide parties
additional certainty with respect to
when the Department 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 February 2016, the Department
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 the Department to
extend the 90-day deadline will be
made on a case-by-case basis.
The Department is providing this
notice on its Web site, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which the Department intends to
exercise its discretion in the future.
Opportunity To Request A Review:
Not later than the last day of February
2016,1 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
February for the following periods:
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Period of review
Antidumping Duty Proceedings
Brazil:
Frozen Warmwater Shrimp, A–351–838 ................................................................................................................................
Stainless Steel Bar, A–351–825 ............................................................................................................................................
France: Uranium, A–427–818 .......................................................................................................................................................
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, A–533–817 ............................................................................................
Certain Preserved Mushrooms, A–533–813 ..........................................................................................................................
Frozen Warmwater Shrimp, A–533–840 ................................................................................................................................
Stainless Steel Bar, A–533–810 ............................................................................................................................................
Indonesia:
Certain Cut-to-Length Carbon-Quality Steel Plate, A–560–805 ............................................................................................
Certain Preserved Mushrooms, A–560–802 ..........................................................................................................................
Italy: Stainless Steel Butt-Weld Pipe Fittings, A–475–828 ...........................................................................................................
Japan:
Carbon Steel Butt-Weld Pipe Fittings, A–588–602 ................................................................................................................
Stainless Steel Bar, A–588–833 ............................................................................................................................................
Malaysia: Stainless Steel Butt-Weld Fittings, A–557–809 ............................................................................................................
Mexico: Large Residential Washers, A–201–842 .........................................................................................................................
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
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Phillippines: Stainless Steel Butt-Weld Pipe Fittings, A–565–801 ................................................................................................
Republic of Korea:
Certain Cut-to-Length Carbon-Quality Steel Plate, A–580–836 ............................................................................................
Large Residential Washers, A–580–868 ................................................................................................................................
Socialist Republic of Vietnam:
Frozen Warmwater Shrimp, A–552–802 ................................................................................................................................
Steel Wire Garment Hangers, A–552–812 ............................................................................................................................
Utility Scale Wind Towers, A–552–814 ..................................................................................................................................
Taiwan: Certain Crystalline Silicon Photovoltaic Products, A–583–853 .......................................................................................
Thailand: Frozen Warmwater Shrimp, A–549–822 .......................................................................................................................
The People’s Republic of China:
Certain Preserved Mushrooms, A–570–851 ..........................................................................................................................
Certain Crystalline Silicon Photovoltaic Products, A–570–010 ..............................................................................................
Frozen Warmwater Shrimp, A–570–893 ................................................................................................................................
Heavy Forged Hand Tools,, With or Without Handles, A–570–803 ......................................................................................
Small Diameter Graphite Electrodes, A–570–929 .................................................................................................................
Uncovered Innerspring Units, A–570–928 .............................................................................................................................
Utility Scale Wind Towers, A–570–981 ..................................................................................................................................
Countervailing Duty Proceedings
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, C–533–818 ............................................................................................
Prestressed Concrete Steel Wire Strand, C–533–829 ..........................................................................................................
Indonesia: Certain Cut-to-Length Carbon-Quality Steel Plate, C–560–806 .................................................................................
Republic of Korea:
Certain Cut-to-Length Carbon-Quality Steel Plate, C–580–837 ............................................................................................
Large Residential Washers, C–580–869 ...............................................................................................................................
Socialist Republic of Vietnam: Steel Wire Garment Hangers, C–552–813 ..................................................................................
The People’s Republic of China:
Certain Crystalline Silicon Photovoltaic Products, C–570–011 .............................................................................................
Utility Scale Wind Towers, C–570–982 ..................................................................................................................................
Suspension Agreements
None
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 the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
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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 NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011) the Department
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
Further, as explained in Antidumping
Proceedings: Announcement of Change
2 See also the Enforcement and Compliance Web
site at https://trade.gov/enforcement/.
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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), the
Department clarified its practice with
regard to the conditional review of the
non-market economy (NME) entity in
administrative reviews of antidumping
duty orders. The Department will no
longer consider the NME entity as an
exporter conditionally subject to
administrative reviews. Accordingly,
the NME entity will not be under review
unless the Department specifically
receives a request for, or self-initiates, a
review of the NME entity.3 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, the Department 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
3 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.
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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, the Department 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.
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 Web site at https://
access.trade.gov.4 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.
The Department 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 February 2016. If the
Department does not receive, by the last
day of February 2016, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, the Department will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of (or
bond for) 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.
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Dated: January 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–02007 Filed 2–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Interim Capital Constructions
Fund Agreement, Family of Forms,
Certification and Deposit/Withdrawal
Report.
OMB Control Number: 0648–0041.
Form Number(s): NOAA Forms 34–82
and 88–14.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 1,445.
Average Hours per Response: Deposit/
withdrawal form, 20 minutes;
application for program benefits, 3
hours and 30 minutes; certificate, 1
hour.
Burden Hours: 2,732.
Needs and Uses: This request is for
extension of a currently approved
information collection.
Respondents will be commercial
fishing industry individuals,
partnerships, and corporations which
entered into Capital Construction Fund
(CCF) agreements with the Secretary of
Commerce allowing deferral of Federal
taxation on fishing vessel income
deposited into the fund for use in the
acquisition, construction, or
reconstruction of fishing vessels.
Deferred taxes are recaptured by
reducing an agreement vessel’s basis for
depreciation by the amount withdrawn
from the fund for its acquisition,
construction, or reconstruction. The
interim Capital Construction Fund
Agreement and Certificate Family of
Forms is required pursuant to 50 CFR
part 259.30 and P.L. 99–514 (The Tax
Reform Act, 1986). The deposit/
withdrawal information collected from
agreement holders is required pursuant
to 50 CFR part 259.35 and P.L. 99–514.
The information collected from
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5715
applicants for the Interim CCF
Agreement is used to determine their
eligibility to participate in the CCF
Program. The information collected
from agreement holders for the
Certificate Family of Forms is used to
identify their program eligible vessels,
their program projects and to certify the
cost of a project at completion. The
information collected on the deposit/
withdrawal report form is required to
ensure that agreement holders are
complying with fund deposit/
withdrawal requirements established in
program regulations and properly
accounting for fund activity on their
Federal income tax returns. The
information collected on the deposit/
withdrawal report must also be reported
semi-annually to the Secretary of
Treasury in accordance with the Tax
Reform Act.
Affected Public: Businesses or other
for-profit organizations.
Frequency: One time only, annually
and on occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: January 29, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016–01983 Filed 2–2–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2016–HQ–0002]
Privacy Act of 1974; System of
Records
Department of the Army, DoD.
Notice to delete a System of
Records.
AGENCY:
ACTION:
The Department of the Army
proposes to delete a system of records,
A0351 AMC, ‘‘Student/Faculty Records:
AMC Schools Systems’’ in its inventory
of record systems subject to the Privacy
Act of 1974, as amended. This system
was used to determine applicant
eligibility, monitor individual’s
progress, maintain record of student/
faculty achievements, and to provide
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5712-5715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02007]
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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. Waters, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, telephone:
(202) 482-4735.
SUPPLEMENTARY INFORMATION:
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 (``the
Department'') conduct an administrative review of that
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antidumping or countervailing duty order, finding, or suspended
investigation.
All deadlines for the submission of comments or actions by the
Department discussed below refer to the number of calendar days from
the applicable starting date.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, the Department 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. The Department 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 the Department decides it is necessary to limit
individual examination of respondents and conduct respondent selection
under section 777A(c)(2) of the Act:
In general, the Department 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, the
Department will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at the
respondent selection phase unless there has been a determination to
collapse certain companies in a previous segment of this antidumping
proceeding (i.e., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this review, if the Department determined, or continued to treat, that
company as collapsed with others, the Department will assume that such
companies continue to operate in the same manner and will collapse them
for respondent selection purposes. Otherwise, the Department will not
collapse companies for purposes of respondent selection. Parties are
requested to (a) identify which companies subject to review previously
were collapsed, and (b) provide a citation to the proceeding in which
they were collapsed. Further, if companies are requested to complete
the Quantity and Value Questionnaire for purposes of respondent
selection, in general each company must report volume and value data
separately for itself. Parties should not include data for any other
party, even if they believe they should be treated as a single entity
with that other party. If a company was collapsed with another company
or companies in the most recently completed segment of this proceeding
where the Department 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 the Department may extend this time if it is reasonable
to do so. In order to provide parties additional certainty with respect
to when the Department 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
February 2016, the Department 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 the Department to extend the 90-day deadline will be
made on a case-by-case basis.
The Department is providing this notice on its Web site, as well as
in its ``Opportunity to Request Administrative Review'' notices, so
that interested parties will be aware of the manner in which the
Department intends to exercise its discretion in the future.
Opportunity To Request A Review: Not later than the last day of
February 2016,\1\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in February for the following periods:
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\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
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Period of review
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Antidumping Duty Proceedings
Brazil:
Frozen Warmwater Shrimp, A-351-838............... 2/1/15-1/31/16
Stainless Steel Bar, A-351-825................... 2/1/15-1/31/16
France: Uranium, A-427-818........................... 2/1/15-1/31/16
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, 2/1/15-1/31/16
A-533-817.......................................
Certain Preserved Mushrooms, A-533-813........... 2/1/15-1/31/16
Frozen Warmwater Shrimp, A-533-840............... 2/1/15-1/31/16
Stainless Steel Bar, A-533-810................... 2/1/15-1/31/16
Indonesia:
Certain Cut-to-Length Carbon-Quality Steel Plate, 2/1/15-1/31/16
A-560-805.......................................
Certain Preserved Mushrooms, A-560-802........... 2/1/15-1/31/16
Italy: Stainless Steel Butt-Weld Pipe Fittings, A-475- 2/1/15-1/31/16
828.................................................
Japan:
Carbon Steel Butt-Weld Pipe Fittings, A-588-602.. 2/1/15-1/31/16
Stainless Steel Bar, A-588-833................... 2/1/15-1/31/16
Malaysia: Stainless Steel Butt-Weld Fittings, A-557- 2/1/15-1/31/16
809.................................................
Mexico: Large Residential Washers, A-201-842......... 2/1/15-1/31/16
[[Page 5714]]
Phillippines: Stainless Steel Butt-Weld Pipe 2/1/15-1/31/16
Fittings, A-565-801.................................
Republic of Korea:
Certain Cut-to-Length Carbon-Quality Steel Plate, 2/1/15-1/31/16
A-580-836.......................................
Large Residential Washers, A-580-868............. 2/1/15-1/31/16
Socialist Republic of Vietnam:
Frozen Warmwater Shrimp, A-552-802............... 2/1/15-1/31/16
Steel Wire Garment Hangers, A-552-812............ 2/1/15-1/31/16
Utility Scale Wind Towers, A-552-814............. 2/1/15-1/31/16
Taiwan: Certain Crystalline Silicon Photovoltaic 7/31/14-1/31/16
Products, A-583-853.................................
Thailand: Frozen Warmwater Shrimp, A-549-822......... 2/1/15-1/31/16
The People's Republic of China:
Certain Preserved Mushrooms, A-570-851........... 2/1/15-1/31/16
Certain Crystalline Silicon Photovoltaic 7/31/14-1/31/16
Products, A-570-010.............................
Frozen Warmwater Shrimp, A-570-893............... 2/1/15-1/31/16
Heavy Forged Hand Tools,, With or Without 2/1/15-1/31/16
Handles, A-570-803..............................
Small Diameter Graphite Electrodes, A-570-929.... 2/1/15-1/31/16
Uncovered Innerspring Units, A-570-928........... 2/1/15-1/31/16
Utility Scale Wind Towers, A-570-981............. 2/1/15-1/31/16
Countervailing Duty Proceedings
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, 1/1/15-12/31/15
C-533-818.......................................
Prestressed Concrete Steel Wire Strand, C-533-829 1/1/15-12/31/15
Indonesia: Certain Cut-to-Length Carbon-Quality Steel 1/1/15 -12/31/15
Plate, C-560-806....................................
Republic of Korea:
Certain Cut-to-Length Carbon-Quality Steel Plate, 1/1/15-12/31/15
C-580-837.......................................
Large Residential Washers, C-580-869............. 1/1/15-12/31/15
Socialist Republic of Vietnam: Steel Wire Garment 1/1/15-12/31/15
Hangers, C-552-813..................................
The People's Republic of China:
Certain Crystalline Silicon Photovoltaic 6/10/14 -12/31/15
Products, C-570-011.............................
Utility Scale Wind Towers, C-570-982............. 1/1/15-12/31/15
Suspension Agreements
None
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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 the Department was unable to locate in
prior segments, the Department 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) the Department 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\
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\2\ See also the Enforcement and Compliance Web site at https://trade.gov/enforcement/.
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Further, as explained in 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),
the Department clarified its practice with regard to the conditional
review of the non-market economy (NME) entity in administrative reviews
of antidumping duty orders. The Department will no longer consider the
NME entity as an exporter conditionally subject to administrative
reviews. Accordingly, the NME entity will not be under review unless
the Department specifically receives a request for, or self-initiates,
a review of the NME entity.\3\ 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, the
Department 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
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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).
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\3\ 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.
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Following initiation of an antidumping administrative review when
there is no review requested of the NME entity, the Department 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.
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 Web
site at https://access.trade.gov.\4\ 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.
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\4\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department 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 February 2016. If the Department does not receive,
by the last day of February 2016, a request for review of entries
covered by an order, finding, or suspended investigation listed in this
notice and for the period identified above, the Department will
instruct CBP to assess antidumping or countervailing duties on those
entries at a rate equal to the cash deposit of (or bond for) 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: January 28, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2016-02007 Filed 2-2-16; 8:45 am]
BILLING CODE 3510-DS-P
