Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 45773-45775 [2011-19411]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45773-45775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19411]



[[Page 45773]]

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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: Import Administration, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD 
Operations, Customs Unit, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4697.

Background

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspension of 
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 section 351.213 of the Department of Commerce (``the 
Department'') regulations, that the Department conduct an 
administrative review of that antidumping or countervailing duty order, 
finding, or suspended investigation.
    All deadlines for the submission of comments or actions by 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 application 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 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 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 section 351.213(d)(1) of the Department's regulations, 
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, with regard to reviews requested on the basis 
of anniversary months on or after August 2011, the Department will not 
consider extending 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.
    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 
August 2011,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in August 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
 
Germany:
    Corrosion-Resistant Carbon Steel Flat Products, A-    8/1/10-7/31/11
     428-815.........................................
    Certain Small Diameter Seamless Carbon and Alloy      8/1/10-7/31/11
     Steel Standard, Line and Pressure Pipe, A-428-
     820.............................................
    Sodium Nitrite, A-428-841........................     8/1/10-7/31/11
Italy: Granular Polytetrafluoroethylene Resin, A-475-     8/1/10-7/31/11
 703.................................................
Japan:

[[Page 45774]]

 
    Brass Sheet & Strip, A-588-704...................     8/1/10-7/31/11
    Granular Polytetrafluoroethylene Resin, A-588-707    8/1/10-12/21/10
    Tin Mill Products, A-588-854.....................     8/1/10-7/31/11
Malaysia: Polyethylene Retail Carrier Bags, A-557-813     8/1/10-7/31/11
Mexico: Light-Walled Rectangular Pipe and Tube, A-201-    8/1/10-7/31/11
 836.................................................
Romania: Carbon and Alloy Seamless Standard, Line,        8/1/10-7/31/11
 and Pressure Pipe (Under 4\1/2\ Inches), A-485-805..
South Korea:
    Corrosion-Resistant Carbon Steel Flat Products, A-    8/1/10-7/31/11
     580-816.........................................
    Light-Walled Rectangular Pipe and Tube, A-580-859     8/1/10-7/31/11
Thailand: Polyethylene Retail Carrier Bags, A-549-821     8/1/10-7/31/11
The People's Republic of China:
    Certain Tow-Behind Lawn Groomers and Certain          8/1/10-7/31/11
     Parts Thereof, A-570-939........................
    Certain Woven Electric Blankets, A-570-951.......     2/3/10-7/31/11
    Floor Standing Metal-Top Ironing Tables and Parts     8/1/10-7/31/11
     Thereof, A-570-888..............................
    Laminated Woven Sacks, A-570-916.................     8/1/10-7/31/11
    Light-Walled Rectangular Pipe and Tube, A-570-914     8/1/10-7/31/11
    Petroleum Wax Candles, A-570-504.................     8/1/10-7/31/11
    Polyethylene Retail Carrier Bags, A-570-886......     8/1/10-7/31/11
    Sodium Nitrite, A-570-925........................     8/1/10-7/31/11
    Steel Nails, A-570-909...........................     8/1/10-7/31/11
    Sulfanilic Acid, A-570-815.......................     8/1/10-7/31/11
    Tetrahydrofurfuryl Alcohol, A-570-887............     8/1/10-7/31/11
Vietnam: Frozen Fish Fillets, A-552-801..............     8/1/10-7/31/11
 
           Countervailing Duty Proceedings
 
South Korea:
    Corrosion-Resistant Carbon Steel Flat Products, C-   1/1/10-12/31/10
     580-818.........................................
    Stainless Steel Sheet and Strip in Coils, C-580-     1/1/10-12/31/10
     835.............................................
The People's Republic of China:
    Certain Tow-Behind Lawn Groomers and Certain         1/1/10-12/31/10
     Parts Thereof, C-570-940........................
    Laminated Woven Sacks, C-570-917.................    1/1/10-12/31/10
    Light-Walled Rectangular Pipe and Tube, C-570-915    1/1/10-12/31/10
    Sodium Nitrite, C-570-926........................    1/1/10-12/31/10
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Suspension Agreements

    None.
    In accordance with section 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.\2\ 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 
were 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.
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    \2\ If the review request involves a non-market economy and the 
parties subject to the review request do not qualify for separate 
rates, all other exporters of subject merchandise from the non-
market economy country who do not have a separate rate will be 
covered by the review as part of the single entity of which the 
named firms are a part.
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    Please 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 section 351.303(f)(3)(ii) of the Department's regulations.
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the 
Department has 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. See also the Import 
Administration Web site at https://ia.ita.doc.gov.
    If the request is filed prior to August 5, 2011, six copies of the 
request should be submitted to the Assistant Secretary for Import 
Administration, International Trade Administration, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230. For requests filed on or after August 5, 2011, 
the request must be filed electronically in Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS'') on the IA ACCESS Web site at https://iaaccess.trade.gov. See Antidumping and Countervailing Duty 
Proceedings: Electronic Filing Procedures; Administrative Protective 
Order Procedures, 76 FR 39263 (July 6, 2011). Further, in accordance 
with section 351.303(f)(l)(i) of the regulations, 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 August 2011. If the

[[Page 45775]]

Department does not receive, by the last day of August 2011, 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: July 27, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19411 Filed 7-29-11; 8:45 am]
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