Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 45338-45341 [2012-18685]
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45338
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW., Room 4053,
Washington, DC 20230; 202–482–4877;
email todd.delelle@trade.gov; fax 202–
482–5665. Electronic responses should
be submitted in Microsoft Word format.
FOR FURTHER INFORMATION CONTACT: Mr.
Todd DeLelle, Office of Energy &
Environmental Industries (OEEI),
International Trade Administration,
Room 4053, 1401 Constitution Avenue
NW., Washington, DC 20230. (Phone:
202–482–4877; Fax: 202–482–5665;
email: todd.delelle@trade.gov).
SUPPLEMENTARY INFORMATION: The
development of the U.S. Environmental
Solutions Toolkit requires the
identification of U.S. vendors capable of
supplying relevant goods and services to
foreign buyers. United States exporters
interested in being listed on the Toolkit
Web site are encouraged to submit their
company’s name, Web site address,
contact information, and environmental
solution category of interest from the
following list:
(a) Groundwater remediation
(b) Mercury emissions control from
power plants
(c) Emissions control from large
marine diesel engines
(d) Nutrient removal from municipal
wastewater
For purposes of participation in the
Toolkit, ‘‘United States exporter’’ has
the meaning found in 15 U.S.C. 4721(j),
which provides: ‘‘United States exporter
means (A) a United States citizen; (B) a
corporation, partnership, or other
association created under the laws of
the United States or of any State; or (C)
a foreign corporation, partnership, or
other association, more than 95 percent
of which is owned by persons described
in subparagraphs (A) and (B), that
exports, or seeks to export, goods or
services produced in the United States
* * *.’’
An expression of interest in being
listed on the Toolkit Web site in
response to this notice will serve as a
certification that the company is a
United States exporter, as defined by 15
U.S.C. 4721(j), and seeks to export
environmental solutions that fall within
the category or categories indicated in
your response. Responding to this
notification constitutes consent to
participate in the Toolkit and to the
public sharing of the company name. It
also constitutes consent to the inclusion
of the name of the company on the
Toolkit Web site. The company name
will be listed along with a link to the
company-specific Web site you indicate
in your response to this notice. No
additional company information will be
posted.
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The U.S. Environmental Solutions
Toolkit will refer users in foreign
markets to U.S. approaches to solving
environmental problems and to U.S.
companies that can export related
technologies. The Toolkit Web site will
note that its contents and links do not
constitute an official endorsement or
approval by the U.S. Commerce
Department or the U.S. Government of
any of the companies, Web sites,
products, or services listed.
Dated: July 24, 2012.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2012–18589 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation
in Part
Import Administration,
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 June anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: July 31, 2012.
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.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 June
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,
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sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://
iaaccess.trade.gov in accordance with
19 CFR 351.303. See Antidumping and
Countervailing Duty Proceedings:
Electronic Filing Procedures;
Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (‘‘Act’’). Further, in
accordance with 19 CFR
351.303(f)(3)(ii), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within seven days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
Federal Register notice. 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 applicable
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
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
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 August 2011, 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.
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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
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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 under a test arising from
the Final Determination of Sales at Less
Than Fair Value: Sparklers from the
People’s Republic of China, 56 FR 20588
(May 6, 1991), as amplified by Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994). 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://www.trade.gov/ia 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 60 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
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45339
of the proceeding 1 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 2, 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://www.trade.gov/ia 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 60 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 June 30, 2013.
1 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 complete segment
of the proceeding in which they participated.
2 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.
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
Period to be
reviewed
Antidumping Duty Proceedings
Japan:
Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Over 41⁄2 Inches), A–588–850 ........................................
Canadian Natural Resources Ltd.
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 41⁄2 Inches), A–588–851 ......................................
Canadian Natural Resources Ltd.
Spain:
Chlorinated Isocyanurates, A–469–814 .................................................................................................................................
Ercros, S.A.
The People’s Republic of China:
Chlorinated Isocyanurates 3, A–570–898 ...............................................................................................................................
Arch Chemicals (China) Co. Ltd.
Hebei Jiheng Chemical Co., Ltd.
Heze Huayi Chemical Co. Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Sinoacarbon International Trading Co., Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
Polyester Staple Fiber 4, A–570–905 .....................................................................................................................................
Far Eastern Industries (Shanghai) Ltd. and Far Eastern Polychem Industries
Hangzhou Best Chemical Fiber Co., Ltd.
Hangzhou Huachuang Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Huvis Sichuan Chemical Fiber Corp., and Huvis Sichuan Polyester Fiber Ltd.
Jiaxing Fuda Chemical Fibre Factory
Nantong Luolai Chemical Fiber Co., Ltd.
Nanyang Textile Co., Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.
Silicon Metal 5, A–570–806 ....................................................................................................................................................
Shanghai Jinneng International Trade Co., Ltd.
Tapered Roller Bearings 6, A–570–601 ..................................................................................................................................
Changshan Peer Bearing Co., Ltd.
Dana Heavy Axle S.A. de C.V.
Ningbo General Bearing Co., Ltd.
Shanghai General Bearing
Timken de Mexico S.A. de C.V.
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Zhejiang Sihe Machine Co., Ltd.,
Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd.
6/1/11—5/31/12
6/1/11—5/31/12
6/1/11—5/31/12
6/1/11—5/31/12
6/1/11—5/31/12
6/1/11—5/31/12
6/1/11—5/31/12
Countervailing Duty Proceedings
None.
Suspension Agreements
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None.
3 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Chlorinated Isocyanurates from the PRC who have
not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
4 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Polyester Staple Fiber from the PRC who have not
qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
5 If the above-named company does not qualify
for a separate rate, all other exporters of Silicon
Metal from the PRC who have not qualified for a
separate rate are deemed to be covered by this
review as part of the single PRC entity of which the
named exporters are a part.
6 If the above-named company does not qualify
for a separate rate, all other exporters of Tapered
Roller Bearings from the PRC who have not
qualified for a separate rate are deemed to be
covered by this review as part of the single PRC
entity of which the named exporters are a part.
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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, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, 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
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Sfmt 4703
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
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.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
APO Procedures, 73 FR 3634 (January
22, 2008). 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)).
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify 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 segments of any antidumping duty
or countervailing duty 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). The formats for the revised
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
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: July 26, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–18685 Filed 7–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC127
Incidental Taking of Marine Mammals;
Taking of Marine Mammals Incidental
to the Explosive Removal of Offshore
Structures in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
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AGENCY:
Company
EOG Resources ..................
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16:48 Jul 30, 2012
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of Letters of
Authorization (LOA).
In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that NMFS
has issued a one-year LOA to take
marine mammals incidental to the
explosive removal of offshore oil and
gas structures (EROS) in the Gulf of
Mexico.
DATES: This authorization is effective
from September 3, 2012 through July 19,
2013.
ADDRESSES: The application and LOA
are available for review by writing to P.
Michael Payne, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910–
3235 or by telephoning the contact
listed here (see FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS,
301–427–8401.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of
Commerce (who has delegated the
authority to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by United States
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region,
if certain findings are made and
regulations are issued. Under the
MMPA, the term ‘‘take’’ means to
harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill
any marine mammal.
Authorization for incidental taking, in
the form of annual LOAs, may be
granted by NMFS for periods up to five
years if NMFS finds, after notice and
opportunity for public comment, that
the total taking over the five-year period
will have a negligible impact on the
SUMMARY:
Dates
Marine mammals sighted
(individuals)
June 19 to 25, 2011 ...........
July 31 to August 2, 2011 ..
Bottlenose dolphins (88) ..........
Structure
Eugene Island Area,
135, Platform B.
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PO 00000
species or stock(s) of marine mammals,
and will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses
(where relevant). In addition, NMFS
must prescribe regulations that include
permissible methods of taking and other
means of effecting the least practicable
adverse impact on the species and its
habitat (i.e., mitigation), and on the
availability of the species for
subsistence uses, paying particular
attention to rookeries, mating rounds,
and areas of similar significance. The
regulations also must include
requirements pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking of
marine mammals incidental to EROS
were published on June 19, 2008 (73 FR
34875), and remain in effect through
July 19, 2013. For detailed information
on this action, please refer to that
Federal Register notice. The species
that applicants may take in small
numbers during EROS activities are
bottlenose dolphins (Tursiops
truncatus), Atlantic spotted dolphins
(Stenella frontalis), pantropical spotted
dolphins (Stenella attenuata), Clymene
dolphins (Stenella clymene), striped
dolphins (Stenella coeruleoalba),
spinner dolphins (Stenella longirostris),
rough-toothed dolphins (Steno
bredanensis), Risso’s dolphins
(Grampus griseus), melon-headed
whales (Peponocephala electra), shortfinned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus). NMFS
received requests for a LOA from EOG
Resources, Inc. (EOG Resources) for
activities covered by EROS regulations.
Reporting
NMFS Galveston Laboratory’s
Platform Removal Observer Program
(PROP) has provided reports for EOG
Resources removal of offshore structures
during 2011. NMFS PROP observers and
non-NMFS observers reported the
following during EOG Resource’s EROS
operations in 2011:
Block
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Biological impacts observed
to marine mammals
None.
]]>Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45338-45341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18685]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part
AGENCY: Import Administration, 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 June anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews.
DATES: Effective Date: July 31, 2012.
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.
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 June 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 60 days of publication of this notice
in the Federal Register. All submissions must be filed electronically
at https://iaaccess.trade.gov in accordance with 19 CFR 351.303. See
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011). Such submissions are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(``Act''). Further, in accordance with 19 CFR 351.303(f)(3)(ii), a copy
of each request must be served on the petitioner and each exporter or
producer specified in the request.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select respondents based on U.S. Customs and Border
Protection (``CBP'') data for U.S. imports during the POR. We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO within seven days of publication of this
initiation notice and to make our decision regarding respondent
selection within 21 days of publication of this Federal Register
notice. 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 applicable 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
[[Page 45339]]
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 August 2011, 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.
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 under a test arising from the Final Determination
of Sales at Less Than Fair Value: Sparklers from the People's Republic
of China, 56 FR 20588 (May 6, 1991), as amplified by Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2, 1994). 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://www.trade.gov/ia 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 60 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 \1\ 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 \2\, 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://www.trade.gov/ia 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 60 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.
---------------------------------------------------------------------------
\1\ 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 complete
segment of the proceeding in which they participated.
\2\ 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.
---------------------------------------------------------------------------
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 June 30, 2013.
[[Page 45340]]
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Japan:
Carbon and Alloy Seamless Standard, Line and 6/1/11--5/31/12
Pressure Pipe (Over 4\1/2\ Inches), A-588-850...
Canadian Natural Resources Ltd.
JFE Steel Corporation
Nippon Steel Corporation
NKK Tubes
Sumitomo Metal Industries, Ltd.
Carbon and Alloy Seamless Standard, Line and 6/1/11--5/31/12
Pressure Pipe (Under 4\1/2\ Inches), A-588-851..
Canadian Natural Resources Ltd.
Spain:
Chlorinated Isocyanurates, A-469-814............. 6/1/11--5/31/12
Ercros, S.A.
The People's Republic of China:
Chlorinated Isocyanurates \3\, A-570-898......... 6/1/11--5/31/12
Arch Chemicals (China) Co. Ltd.
Hebei Jiheng Chemical Co., Ltd.
Heze Huayi Chemical Co. Ltd.
Juancheng Kangtai Chemical Co. Ltd.
Sinoacarbon International Trading Co., Ltd.
Zhucheng Taisheng Chemical Co., Ltd.
Polyester Staple Fiber \4\, A-570-905............ 6/1/11--5/31/12
Far Eastern Industries (Shanghai) Ltd. and Far
Eastern Polychem Industries
Hangzhou Best Chemical Fiber Co., Ltd.
Hangzhou Huachuang Co., Ltd.
Hangzhou Sanxin Paper Co., Ltd.
Huvis Sichuan Chemical Fiber Corp., and Huvis
Sichuan Polyester Fiber Ltd.
Jiaxing Fuda Chemical Fibre Factory
Nantong Luolai Chemical Fiber Co., Ltd.
Nanyang Textile Co., Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.
Silicon Metal \5\, A-570-806..................... 6/1/11--5/31/12
Shanghai Jinneng International Trade Co., Ltd.
Tapered Roller Bearings \6\, A-570-601........... 6/1/11--5/31/12
Changshan Peer Bearing Co., Ltd.
Dana Heavy Axle S.A. de C.V.
Ningbo General Bearing Co., Ltd.
Shanghai General Bearing
Timken de Mexico S.A. de C.V.
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Zhejiang Sihe Machine Co., Ltd.,
Zhejiang Zhaofeng Mechanical and Electronic Co.,
Ltd.
Countervailing Duty Proceedings
None.
Suspension Agreements
None.
------------------------------------------------------------------------
---------------------------------------------------------------------------
\3\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Chlorinated Isocyanurates from
the PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Polyester Staple Fiber from
the PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\5\ If the above-named company does not qualify for a separate
rate, all other exporters of Silicon Metal from the PRC who have not
qualified for a separate rate are deemed to be covered by this
review as part of the single PRC entity of which the named exporters
are a part.
\6\ If the above-named company does not qualify for a separate
rate, all other exporters of Tapered Roller Bearings from the PRC
who have not qualified for a separate rate are deemed to be covered
by this review as part of the single PRC entity of which the named
exporters are a part.
---------------------------------------------------------------------------
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,
consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, 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.
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.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures;
[[Page 45341]]
APO Procedures, 73 FR 3634 (January 22, 2008). 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)).
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify 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 segments of any antidumping duty or
countervailing duty 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). The formats for the revised
certifications are provided at the end of the Interim Final Rule. The
Department intends to reject factual submissions in any proceeding
segments initiated on or after March 14, 2011 if the submitting party
does not comply with the revised certification requirements.
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: July 26, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-18685 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-DS-P
