Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 19621-19622 [2012-7862]
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
to the accuracy and completeness of that
information. See section 782(b) of the
Act. Parties are hereby reminded that
revised certification requirements are in
effect for company/government officials
as well as their representatives in all
AD/CVD investigations or proceedings
initiated on or after March 14, 2011. See
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (Interim Final
Rule) (amending 19 CFR 351.303(g)(1)
and (2)); see also Certification of Factual
Information to Import Administration
During Antidumping and
Countervailing Duty Proceedings:
Supplemental Interim Final Rule, 76 FR
54697 (September 2, 2011). The formats
for the revised certifications are
provided at the end of the Interim Final
Rule. The Department intends to reject
factual submissions if the submitting
party does not comply with the revised
certification requirements.
This notice is published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.221(c)(1)(i).
Dated: March 27, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–7966 Filed 3–30–12; 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
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, 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) 482–4735.
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
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
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 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 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, with regard to reviews requested
on the basis of anniversary months on
or after April 2012, the Department does
not intend to 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.
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
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
VerDate Mar<15>2010
17:42 Mar 30, 2012
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19621
E:\FR\FM\02APN1.SGM
02APN1
19622
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices
which the Department intends to
exercise its discretion in the future.
Opportunity to Request a Review: Not
later than the last day of April 2012,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
April for the following periods:
Period of review
Antidumping Duty Proceedings
INDIA: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP), A–533–847 ................................................................................
The People’s Republic of China: Activated Carbon, A–570–904 ...............................................................................................
The People’s Republic of China: Certain Steel Threaded Rod, A–570–932 ..............................................................................
The People’s Republic of China: Frontseating Service Valves, A–570–933 ..............................................................................
The People’s Republic of China: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP), A–570–934 ......................................
The People’s Republic of China: Magnesium Metal, A–570–896 ..............................................................................................
The People’s Republic of China: Non-Malleable Cast Iron Pipe Fittings A–570–875 ................................................................
4/1/11–3/31/12
4/1/11–3/31/12
4/1/11–3/31/12
4/1/11–3/31/12
4/1/11–3/31/12
4/1/11–3/31/12
4/1/11–3/31/12
Countervailing Duty Proceedings
Norway: Fresh and Chilled Atlantic Salmon, C–403–802 ...........................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
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.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.
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
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
VerDate Mar<15>2010
17:42 Mar 30, 2012
Jkt 226001
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), 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.
All requests 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 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
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-
PO 00000
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Fmt 4703
Sfmt 9990
1/1/11–2/12/11
Investigation’’ for requests received by
the last day of April 2012. If the
Department does not receive, by the last
day of April 2012, 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: March 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–7862 Filed 3–30–12; 8:45 am]
BILLING CODE 3510–DS–P
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.
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19621-19622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7862]
-----------------------------------------------------------------------
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: Brenda E. Waters, 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-
4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (``the Act''), may request, in
accordance with 19 CFR 351.213, that the Department of Commerce (``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 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 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 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, with
regard to reviews requested on the basis of anniversary months on or
after April 2012, the Department does not intend to 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.
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
[[Page 19622]]
which the Department intends to exercise its discretion in the future.
Opportunity to Request a Review: Not later than the last day of
April 2012,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in April for the following periods:
---------------------------------------------------------------------------
\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
------------------------------------------------------------------------
Period of review
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
INDIA: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 4/1/11-3/31/12
(HEDP), A-533-847..................................
The People's Republic of China: Activated Carbon, A- 4/1/11-3/31/12
570-904............................................
The People's Republic of China: Certain Steel 4/1/11-3/31/12
Threaded Rod, A-570-932............................
The People's Republic of China: Frontseating Service 4/1/11-3/31/12
Valves, A-570-933..................................
The People's Republic of China: 1-Hydroxyethylidene- 4/1/11-3/31/12
1, 1-Diphosphonic Acid (HEDP), A-570-934...........
The People's Republic of China: Magnesium Metal, A- 4/1/11-3/31/12
570-896............................................
The People's Republic of China: Non-Malleable Cast 4/1/11-3/31/12
Iron Pipe Fittings A-570-875.......................
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
Norway: Fresh and Chilled Atlantic Salmon, C-403-802 1/1/11-2/12/11
------------------------------------------------------------------------
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.\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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), 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.
All requests 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 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 April 2012. If the Department does not receive, by
the last day of April 2012, 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: March 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-7862 Filed 3-30-12; 8:45 am]
BILLING CODE 3510-DS-P
