Initiation of Antidumping and Countervailing Duty Administrative Reviews, 21513-21516 [2017-09301]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, the
Department determines that revocation
of the AD order on steel tubing from
Taiwan would be likely to lead to
continuation or recurrence of dumping,
and that the magnitude of the margin of
dumping likely to prevail if the AD
order is revoked would be up to 40.97
percent.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to the parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of propriety
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing the
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act and 19 CFR
351.221(c)(5)(ii).
Dated: May 3, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary For Enforcement
and Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with March anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
mstockstill on DSK30JT082PROD with NOTICES
VerDate Sep<11>2014
18:19 May 08, 2017
Jkt 241001
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with March
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://access.trade.gov
in accordance with 19 CFR 351.303.1
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
Respondent Selection
[FR Doc. 2017–09355 Filed 5–8–17; 8:45 am]
AGENCY:
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
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 place the CBP data on the
record within five days of publication of
the initiation notice and to make our
decision regarding respondent selection
within 30 days of publication of the
initiation Federal Register notice.
Comments regarding the CBP data and
respondent selection should be
submitted seven days after the
placement of the CBP data on the record
of this review. Parties wishing to submit
rebuttal comments should submit those
comments five days after the deadline
for the initial comments.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
21513
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
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 (‘‘Q&V’’)
Questionnaire for purposes of
respondent selection, in general each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where the Department
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that 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 the Department does not intend to
E:\FR\FM\09MYN1.SGM
09MYN1
21514
Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
extend the 90-day deadline unless the
requestor demonstrates that an
extraordinary circumstance has
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.
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise. In accordance with the
separate rates criteria, the Department
assigns separate rates to companies in
NME cases only if respondents can
demonstrate the absence of both de jure
and de facto government control over
export activities.
All firms listed below that wish to
qualify for separate rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate rate
eligibility, the Department requires
entities for whom a review was
requested, that were assigned a separate
rate in the most recent segment of this
proceeding in which they participated,
to certify that they continue to meet the
criteria for obtaining a separate rate. The
Separate Rate Certification form will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to the Department
no later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Certification applies
equally to NME-owned firms, wholly
foreign-owned firms, and foreign sellers
who purchase and export subject
merchandise to the United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding 2 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,3 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Status Application will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the Separate
Rate Status Application, refer to the
instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 30 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate Status
Application applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than March 31, 2018.
Period to be
reviewed
mstockstill on DSK30JT082PROD with NOTICES
Antidumping Duty Proceedings
Brazil: Certain Uncoated Paper A–351–842 .................................................................................................................................
Suzano Papel e Celulose S.A.
Indonesia: Certain Uncoated Paper A–560–828 ...........................................................................................................................
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, and APRIL Fine Paper Macao Offshore Limited (collectively
APRIL).
PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik Kertas Tjiwi Kimia Tbk (collectively APP).
Mexico: Large Residential Washers 4 A–201–842 ........................................................................................................................
Electrolux Home Products Corp. NV.5
Portugal: Certain Uncoated Paper A–471–807 .............................................................................................................................
Portucel S.A./The Navigator Company, S.A.6
Republic of Korea: Large Residential Washers 7 A–580–868 ......................................................................................................
Spain: Stainless Steel Bar A–469–805 .........................................................................................................................................
Sidenor Aceros Especiales S.L. ./Gerdau Aceros Especiales Europa S.L.8
2 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently completed
segment of the proceeding in which they
participated.
3 Only changes to the official company name,
rather than trade names, need to be addressed via
VerDate Sep<11>2014
18:19 May 08, 2017
Jkt 241001
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
4 We inadvertently included Electrolux Home
Products, Inc. (misspelled as Electrolux Hone
Products, Inc.) in the initiation notice that
published on April 10, 2017 (82 FR 17188).
5 The company listed about was misspelled in the
initiation notice that published on April 10, 2017
(82 FR 17188). The correct spelling of the company
name is listed in this notice.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
8/27/15–2/28/17
8/26/15–2/28/17
2/1/16–1/31/17
8/26/15–2/28/17
2/1/16–1/31/17
3/1/16–2/28/17
6 On November 23, 2016, the Department
determined that The Navigator Company, S.A., is
the successor-in-interest to Portucel S.A. See
Certain Uncoated Paper from Portugal: Final
Results of Antidumping Duty Changed
Circumstances Review, 81 FR 84555 (November 23,
2016).
7 We inadvertently included LG Electronics USA,
Inc. in the initiation notice that published on April
10, 2017 (82 FR 17188).
E:\FR\FM\09MYN1.SGM
09MYN1
21515
Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
Period to be
reviewed
Thailand: Circular Welded Carbon Steel Pipes and Tubes A–549–502 .......................................................................................
Pacific Pipe Public Company Limited.
Saha Thai Steel Pipe (Public) Company, Ltd.
Thai Premium Pipe Co., Ltd.
The People’s Republic of China: Certain Tissue Paper Products A–570–894 ............................................................................
Chung Rhy Special Paper Mill Co., Ltd.
Global Key, Inc.
The People’s Republic of China: Glycine A–570–836 ..................................................................................................................
Avid Organics Pvt. Ltd.
Kumar Industries.
Rudraa International.
The People’s Republic of China: Small Diameter Graphite Electrodes 9 A–570–929 ..................................................................
Fangda Group (The Fangda Group consists of Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon
Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd).
Countervailing Duty Proceedings
Indonesia: Certain Uncoated Paper C–560–829 ..........................................................................................................................
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, and APRIL.
Fine Paper Macao Offshore Limited (collectively APRIL).
PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik Kertas Tjiwi Kimia Tbk (collectively APP).
Republic of Korea: Cut-To-Length Carbon-Quality Steel Plate 10 C–580–837 .............................................................................
Turkey: Circular Welded Carbon Steel Pipes and Tubes C–489–502 .........................................................................................
Borusan Istikbal Ticaret T.A.S.
Borusan Mannesnamm Boru Sanayi ve Ticaret A.S.
3/1/16–2/28/17
3/1/16–2/28/17
3/1/16–2/28/17
2/1/16–1/31/17
6/29/15–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
Suspension Agreements
None.
Duty Absorption Reviews
mstockstill on DSK30JT082PROD with NOTICES
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether antidumping duties
have been absorbed by an exporter or
producer subject to the review if the
subject merchandise is sold in the
United States through an importer that
is affiliated with such exporter or
producer. The request must include the
name(s) of the exporter or producer for
which the inquiry is requested.
8 On December 2, 2016, the Department
determined that Sidenor Aceros Especiales S.L. is
the successor-in-interest to Gerdau Aceros
Especiales Europa S.L. See Notice of Final Results
of Antidumping Duty Changed Circumstances
Review: Stainless Steel Bar from Spain, 81 FR
87021 (December 2, 2016).
9 The company listed about was misspelled in the
initiation notice that published on April 10, 2017
(82 FR 17188). The correct spelling of the company
name is listed in this notice.
10 In the initiation notice that published on April
10, 2017 (82 FR 17188) the POR for the above
referenced case was incorrect. The period listed
above is the correct POR for this case.
VerDate Sep<11>2014
18:19 May 08, 2017
Jkt 241001
Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in the Department’s regulations
at 19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
The Department’s regulations identify
five categories of factual information in
19 CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.11 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
11 See
E:\FR\FM\09MYN1.SGM
section 782(b) of the Act.
09MYN1
21516
Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
the end of the Final Rule.12 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
mstockstill on DSK30JT082PROD with NOTICES
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary.
See 19 CFR 351.302. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
12 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
VerDate Sep<11>2014
18:19 May 08, 2017
Jkt 241001
Dated: May 2, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–09301 Filed 5–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Minoo Hatten at (202) 482–1690, AD/
CVD Operations, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 11, 2017, the Department of
Commerce (the Department) received a
countervailing duty (CVD) petition
concerning imports of certain tool
chests and cabinets (tool chests) from
the People’s Republic of China (PRC),
filed in proper form, on behalf of
Waterloo Industries Inc. (the
petitioner).1 The petitioner is a domestic
producer of tool chests.2 The CVD
petition was accompanied by
antidumping duty (AD) petitions
concerning imports of tool chests from
the PRC and the Socialist Republic of
Vietnam (Vietnam).
On April 13 2017, the petitioner filed
an amendment to the Petition.3 On
April 13 and 20, 2017, the Department
1 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
from the People’s Republic of China and the
Socialist Republic of Vietnam—Petition for the
Imposition of Antidumping and Countervailing
Duties’’ (April 11, 2017) (the Petition).
2 See Volume I of the Petitions, at 1.
3 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
From the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s
Amendment to Volume I of the Antidumping and
Countervailing Duty Petition’’ (April 13, 2017)
(clarifying the scope of the imported merchandise
that the petitioner intends to cover).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
requested additional information and
clarification of certain areas of the
Petition.4 The petitioner filed responses
to these requests on April 18 and 21,
2017.5 On April 27, 3017, the petitioner
filed an additional amendment to the
Petition.6
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of the PRC (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act with respect to imports
of tool chests from the PRC, and that
imports of tool chests are materially
injuring, or threatening material injury
to, an industry in the United States.
Also, consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
The Department finds that the
petitioner filed the Petition on behalf of
the domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the CVD investigation that
the petitioner is requesting.7
Period of Investigation
Because the Petition was filed on
April 11, 2017, pursuant to 19 CFR
4 See letter to the petitioner from the Department
concerning supplemental questions on Volume IV
of the Petition (April 13, 2017); see also letter to the
petitioner from the Department concerning
supplemental questions on general issues (April 13,
2017) (General Issues Supplemental Questionnaire);
and letter to the petitioner from the Department
concerning supplemental questions on Volume IV
(April 20, 2017).
5 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
from the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s
Response to Supplemental Questionnaire
Concerning Volume IV’’ (April 18, 2017); see also
letter to the Secretary of Commerce from the
petitioner ‘‘Certain Tool Chests and Cabinets From
the People’s Republic of China and the Socialist
Republic of Vietnam—Petitioner’s 2nd Amendment
to Volume I of the Antidumping and Countervailing
Duty Petition’’ (April 18, 2017) (General Issues 2nd
Amendment); and letter to the Secretary of
Commerce from the petitioner ‘‘Certain Tool Chests
and Cabinets from the People’s Republic of China
and the Socialist Republic of Vietnam—Petitioner’s
Response to Supplemental Questionnaire
Concerning Volume IV’’ (April 21, 2017).
6 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
From the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s 3rd
Amendment to Volume I of the Antidumping and
Countervailing Duty Petition’’ (April 27, 2017)
(General Issues 3rd Amendment).
7 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Notices]
[Pages 21513-21516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09301]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with March anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Effective May 9, 2017.
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, 1401
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
4735.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with March anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (``POR''), it
must notify the Department within 30 days of publication of this notice
in the Federal Register. All submissions must be filed electronically
at https://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such
submissions are subject to verification in accordance with section
782(i) of the Tariff Act of 1930, as amended (``the Act''). Further, in
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every
party on the Department's service list.
---------------------------------------------------------------------------
\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
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 place the CBP data on the record within five days of publication of
the initiation notice and to make our decision regarding respondent
selection within 30 days of publication of the initiation Federal
Register notice. Comments regarding the CBP data and respondent
selection should be submitted seven days after the placement of the CBP
data on the record of this review. Parties wishing to submit rebuttal
comments should submit those comments five days after the deadline for
the initial comments.
In the event 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 has found 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 (``Q&V'') Questionnaire for purposes of
respondent selection, in general each company must report volume and
value data separately for itself. Parties should not include data for
any other party, even if they believe they should be treated as a
single entity with that other party. If a company was collapsed with
another company or companies in the most recently completed segment of
this proceeding where the Department considered collapsing that entity,
complete Q&V data for that collapsed entity must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that 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 the
Department does not intend to
[[Page 21514]]
extend the 90-day deadline unless the requestor demonstrates that an
extraordinary circumstance has 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.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise. In accordance with the separate rates criteria,
the Department assigns separate rates to companies in NME cases only if
respondents can demonstrate the absence of both de jure and de facto
government control over export activities.
All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's Web site at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal
Register notice. In responding to the certification, please follow the
``Instructions for Filing the Certification'' in the Separate Rate
Certification. Separate Rate Certifications are due to the Department
no later than 30 calendar days after publication of this Federal
Register notice. The deadline and requirement for submitting a
Certification applies equally to NME-owned firms, wholly foreign-owned
firms, and foreign sellers who purchase and export subject merchandise
to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \2\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\3\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Status Application will be available on
the Department's Web site at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice.
In responding to the Separate Rate Status Application, refer to the
instructions contained in the application. Separate Rate Status
Applications are due to the Department no later than 30 calendar days
of publication of this Federal Register notice. The deadline and
requirement for submitting a Separate Rate Status Application applies
equally to NME-owned firms, wholly foreign-owned firms, and foreign
sellers that purchase and export subject merchandise to the United
States.
---------------------------------------------------------------------------
\2\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\3\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
\4\ We inadvertently included Electrolux Home Products, Inc.
(misspelled as Electrolux Hone Products, Inc.) in the initiation
notice that published on April 10, 2017 (82 FR 17188).
\5\ The company listed about was misspelled in the initiation
notice that published on April 10, 2017 (82 FR 17188). The correct
spelling of the company name is listed in this notice.
\6\ On November 23, 2016, the Department determined that The
Navigator Company, S.A., is the successor-in-interest to Portucel
S.A. See Certain Uncoated Paper from Portugal: Final Results of
Antidumping Duty Changed Circumstances Review, 81 FR 84555 (November
23, 2016).
\7\ We inadvertently included LG Electronics USA, Inc. in the
initiation notice that published on April 10, 2017 (82 FR 17188).
---------------------------------------------------------------------------
For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following antidumping and countervailing
duty orders and findings. We intend to issue the final results of these
reviews not later than March 31, 2018.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Brazil: Certain Uncoated Paper A-351-842............. 8/27/15-2/28/17
Suzano Papel e Celulose S.A.
Indonesia: Certain Uncoated Paper A-560-828.......... 8/26/15-2/28/17
PT Anugerah Kertas Utama, PT Riau Andalan Kertas,
and APRIL Fine Paper Macao Offshore Limited
(collectively APRIL).
PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik
Kertas Tjiwi Kimia Tbk (collectively APP).
Mexico: Large Residential Washers \4\ A-201-842...... 2/1/16-1/31/17
Electrolux Home Products Corp. NV.\5\
Portugal: Certain Uncoated Paper A-471-807........... 8/26/15-2/28/17
Portucel S.A./The Navigator Company, S.A.\6\
Republic of Korea: Large Residential Washers \7\ A- 2/1/16-1/31/17
580-868.............................................
Spain: Stainless Steel Bar A-469-805................. 3/1/16-2/28/17
Sidenor Aceros Especiales S.L. ./Gerdau Aceros
Especiales Europa S.L.\8\
[[Page 21515]]
Thailand: Circular Welded Carbon Steel Pipes and 3/1/16-2/28/17
Tubes A-549-502.....................................
Pacific Pipe Public Company Limited.
Saha Thai Steel Pipe (Public) Company, Ltd.
Thai Premium Pipe Co., Ltd.
The People's Republic of China: Certain Tissue Paper 3/1/16-2/28/17
Products A-570-894..................................
Chung Rhy Special Paper Mill Co., Ltd.
Global Key, Inc.
The People's Republic of China: Glycine A-570-836.... 3/1/16-2/28/17
Avid Organics Pvt. Ltd.
Kumar Industries.
Rudraa International.
The People's Republic of China: Small Diameter 2/1/16-1/31/17
Graphite Electrodes \9\ A-570-929...................
Fangda Group (The Fangda Group consists of
Beijing Fangda Carbon Tech Co., Ltd., Chengdu
Rongguang Carbon Co., Ltd., Fangda Carbon New
Material Co., Ltd., Fushun Carbon Co., Ltd., and
Hefei Carbon Co., Ltd).
Countervailing Duty Proceedings
Indonesia: Certain Uncoated Paper C-560-829.......... 6/29/15-12/31/16
PT Anugerah Kertas Utama, PT Riau Andalan Kertas,
and APRIL.
Fine Paper Macao Offshore Limited (collectively
APRIL).
PT. Indah Kiat Pulp and Paper Tbk and PT. Pabrik
Kertas Tjiwi Kimia Tbk (collectively APP).
Republic of Korea: Cut-To-Length Carbon-Quality Steel 1/1/16-12/31/16
Plate \10\ C-580-837................................
Turkey: Circular Welded Carbon Steel Pipes and Tubes 1/1/16-12/31/16
C-489-502...........................................
Borusan Istikbal Ticaret T.A.S.
Borusan Mannesnamm Boru Sanayi ve Ticaret A.S.
Suspension Agreements
None.
------------------------------------------------------------------------
Duty Absorption Reviews
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine
whether antidumping duties have been absorbed by an exporter or
producer subject to the review if the subject merchandise is sold in
the United States through an importer that is affiliated with such
exporter or producer. The request must include the name(s) of the
exporter or producer for which the inquiry is requested.
---------------------------------------------------------------------------
\8\ On December 2, 2016, the Department determined that Sidenor
Aceros Especiales S.L. is the successor-in-interest to Gerdau Aceros
Especiales Europa S.L. See Notice of Final Results of Antidumping
Duty Changed Circumstances Review: Stainless Steel Bar from Spain,
81 FR 87021 (December 2, 2016).
\9\ The company listed about was misspelled in the initiation
notice that published on April 10, 2017 (82 FR 17188). The correct
spelling of the company name is listed in this notice.
\10\ In the initiation notice that published on April 10, 2017
(82 FR 17188) the POR for the above referenced case was incorrect.
The period listed above is the correct POR for this case.
---------------------------------------------------------------------------
Gap Period Liquidation
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period, of
the order, if such a gap period is applicable to the POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in the Department's regulations at 19 CFR 351.305. Those
procedures apply to administrative reviews included in this notice of
initiation. Parties wishing to participate in any of these
administrative reviews should ensure that they meet the requirements of
these procedures (e.g., the filing of separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
The Department's regulations identify five categories of factual
information in 19 CFR 351.102(b)(21), which are summarized as follows:
(i) Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). These regulations require
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The regulations, at 19
CFR 351.301, also provide specific time limits for such factual
submissions based on the type of factual information being submitted.
Please review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information.\11\ Parties are hereby reminded that
revised certification requirements are in effect for company/government
officials as well as their representatives. All segments of any
antidumping duty or countervailing duty proceedings initiated on or
after August 16, 2013, should use the formats for the revised
certifications provided at
[[Page 21516]]
the end of the Final Rule.\12\ The Department intends to reject factual
submissions in any proceeding segments if the submitting party does not
comply with applicable revised certification requirements.
---------------------------------------------------------------------------
\11\ See section 782(b) of the Act.
\12\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
the frequently asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by the
Secretary. See 19 CFR 351.302. In general, an extension request will be
considered untimely if it is filed after the time limit established
under Part 351 expires. For submissions which are due from multiple
parties simultaneously, an extension request will be considered
untimely if it is filed after 10:00 a.m. on the due date. Examples
include, but are not limited to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual information to value factors
under 19 CFR 351.408(c), or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and
rebuttal, clarification and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate
country and surrogate values and rebuttal; (4) comments concerning U.S.
Customs and Border Protection data; and (5) quantity and value
questionnaires. Under certain circumstances, the Department may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, the Department will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This modification also requires that an extension
request must be made in a separate, stand-alone submission, and
clarifies the circumstances under which the Department will grant
untimely-filed requests for the extension of time limits. These
modifications are effective for all segments initiated on or after
October 21, 2013. Please review the final rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these segments.
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: May 2, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2017-09301 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-DS-P
