Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 25418-25422 [2013-10299]
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices
number of agreements from the amounts
appropriated and to provide an
incentive to serve in veterinary service
shortage areas with the greatest need.
This section also provides that loan
repayments may consist of payments of
the principal and interest on
government and commercial loans
received by the individual for the
attendance of the individual at an
accredited college of veterinary
medicine resulting in a degree of Doctor
of Veterinary Medicine or the
equivalent. This program is not
authorized to provide repayments for
any government or commercial loans
incurred during the pursuit of another
degree, such as an associate or bachelor
degree. Loans eligible for repayment
include educational loans made for one
or more of the following: Loans for
tuition expenses; other reasonable
educational expenses, including fees,
books, and laboratory expenses,
incurred by the individual; and
reasonable living expenses as
determined by the Secretary. In
addition, the Secretary is directed to
make such additional payments to
participants as the Secretary determines
appropriate for the purpose of providing
reimbursements to participants for
individual tax liability resulting from
participation in this program. Finally,
this section requires USDA to
promulgate regulations within 270 days
of the enactment of FCEA (i.e., June 18,
2008). The Secretary delegated the
authority to carry out this program to
NIFA.
The final rule was published in the
Federal Register on April 19, 2010. 75
FR 20239–20248. Based on comments
received during the 60-day comment
period upon publication of the interim
rule on July 9, 2009, 74 FR 32788–
32798, NIFA reconsidered the policy
regarding individuals who consolidated
their veterinary school loans with other
educational loans (e.g. undergraduate)
and their eligibility to apply for the
VMLRP. NIFA will allow these
individuals to apply for and receive a
VMLRP award; however, only the
eligible portion of the consolidation will
be repaid by the VMLRP. Furthermore,
applicants with consolidated loans will
be asked to provide a complete history
of their student loans from the National
Student Loan Database System (NSLDS),
a central database for student aid
operated by the U.S. Department of
Education. The NSLDS Web site can be
found at www.nslds.ed.gov. Individuals
who consolidated their DVM loans with
non-educational loans or loans
belonging to an individual other than
the applicant, such as a spouse or child,
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will continue to be ineligible for the
VMLRP.
In FY 2010, VMLRP announced its
first funding opportunity and received
260 applications from which NIFA
issued 53 VMLRP awards totaling
$5,186,000. In FY 2011, VMLRP
announced its second funding
opportunity and received 159
applications from which NIFA issued 78
VMLRP awards totaling $7,506,000. In
FY 2012, VMLRP announced its third
funding opportunity and received 139
applications from which NIFA issued 46
VMLRP awards totaling $4,519,212.
Consequently, up to $4,000,000 is
available to support this program in FY
2013. Funding for future years will be
based on annual appropriations and
balances, if any, remaining from prior
years. The eligibility criteria for
applicants and the application forms
and associated instructions needed to
apply for a VMLRP award can be
viewed and downloaded from the
VMLRP Web site at https://
www.nifa.usda.gov/vmlrp.
Done in Washington, DC, this 24th day of
April 2013.
Meryl Broussard,
Deputy Director, National Institute of Food
and Agriculture.
[FR Doc. 2013–10213 Filed 4–30–13; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National
Telecommunications and Information
Administration.
Title: State Broadband Data and
Development Grant Program.
OMB Control Number: 0660–0032.
Form Number(s): None.
Type of Request: Regular submission
(revision/extension of a currently
approved information collection).
Number of Respondents: 56
respondents; 2,000 sub-respondents.
Average Hours per Response: 3,123,
respondents; 50 hours, sub-respondents.
Burden Hours: 549,776.
Needs and Uses: Despite the
importance of broadband to the U.S.
economy, information about broadband
availability was not widely available
until this dataset was developed. The
data collected will continue to provide
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critical information for grant-making,
regulatory and policy-making efforts,
and to improve the quality of state-level
broadband information. Numerous
public and private stakeholders
currently use the data to inform
funding, policy and commercial
decisions. Consumers and businesses
also use the data to identify where
broadband is available, the advertised
speeds and other information.
NTIA proposes to revise the currently
approved reporting requirements to
include with each submission of data
several ‘‘best practices’’ documents
including a document describing each
recipient’s methodology for collecting
and verifying data, a document that
summarizes any major changes or
corrections to data from the previous
submission and a short text file (also
known as a ‘‘readme’’ file) that
summarizes basic, technical information
for the dataset.
Affected Public: Businesses or other
for-profit organizations.
Frequency: Semi-annually.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: Nicholas Fraser,
(202) 395–5887.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Nicholas Fraser, OMB Desk
Officer, FAX number (202) 395–7285, or
via the Internet at
Nicholas_A._Fraser@omb.eop.gov.
Dated: April 25, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–10222 Filed 4–30–13; 8:45 am]
BILLING CODE 3510–06–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
AGENCY:
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices
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 Date: May 1, 2013.
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 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 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.
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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
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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
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.
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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
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
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices
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 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, 2014.
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Period to be
reviewed
Antidumping Duty Proceedings
FRANCE: Brass Sheet and Strip, A–427–602 ..............................................................................................................................
Griset SA
KME France (previously known as Trefimetaux)
GERMANY: Brass Sheet and Strip, A–428–602 ..........................................................................................................................
Aurubis Stolberg GmbH & Co. KG
Carl Schreiber GmbH
KME Germany AG & Co. KG
Messingwerk Plettenberg Herfeld GmbH & Co. KG
MKM Mansfelder Kupfer & Messing GmbH
Schlenk Metallfolien GmbH & Co. KG
Schwermetall Halbzeugwerk GmbH & Co. KG
Sundwiger Messingwerke GmbH & Co. KG
ThyssenKrupp VDM GmbH
Wieland-Werke AG
INDIA: Certain Frozen Warmwater Shrimp,3 A–533–840 .............................................................................................................
Devi Sea Foods Limited 4
ITALY: Brass Sheet and Strip, A–475–601 ...................................................................................................................................
KME Italy SpA
SOCIALIST REPUBLIC OF VIETNAM: Certain Frozen Warmwater Shrimp,5 6 A–552–802 .......................................................
Gallant Dachan Seafood Co., Ltd.
SPAIN: Stainless Steel Bar, A–469–805 .......................................................................................................................................
Gerdau Aceros E-speciales Europa, S.L.
TAIWAN: Polvinyl Alcohol, A–583–841 .........................................................................................................................................
Chang Chun Petrochemical Co., Ltd.
THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ..................................................................................
Pacific Pipe Public Company Limited
Saha Thai Steel Pipe (Public) Company, Ltd.
THE PEOPLE’S REPUBLIC OF CHINA: Glycine,7 A–570–836 ...................................................................................................
A&A Pharmachem Inc.
AICO Laboratories India Ltd.
Amol Pharmaceuticals Pvt. Ltd.
Avid Organics
Aqua Bond Inc.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co., Ltd.
Chiyuen International Trading Ltd.
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
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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
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3/1/12–2/28/13
3/1/12–2/28/13
2/1/12–1/31/13
3/1/12–2/28/13
2/1/12–1/31/13
3/1/12–2/28/13
3/1/12–2/28/13
3/1/12–2/28/13
3/1/12–2/28/13
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
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25421
Period to be
reviewed
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China Jiangsu International Economic Technical Cooperation Corporation
E-Heng Import and Export Co., Ltd.
Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.
FarmaSino Pharmaceuticals (Jiangsu) Co., Ltd.
General Ingredient Inc.
Gulbrandsen Technologies (India)
Gurvey & Berry Co.
Hebei Donghua Jiheng Fine Chemical Co., Ltd.
H.T. Griffin Food Ingredients
Hong Kong United Biochemistry Co. Ltd.
Jiangsu Dongchang Chemical
Jiangxi Ansun Chemical Technology
Jiangyin Trust International Inc.
Jizhou City Huayang Chemical Co., Ltd.
Kissner Milling Co. Ltd.
NALCO Canada Co.
Ningbo Create-Bio Engineering Co. Ltd.
Ningbo Generic Chemical Co.
Qingdao Samin Chemical Co., Ltd.
Paras Intermediates Pvt. Ltd.
Ravi Industries
Salvi Chemical Industries
Shanpar Industries Pvt. Ltd.
Showa Denko K.K.
Shijiazhuang Jackchem Co., Ltd.
Shijiazhuang Zexing Amino Acid Co.
Tianjin Garments Import & Export
Tianjin Tiancheng Pharmaceutical Company
Tianjin Tianen Enterprise Co. Ltd.
Tywoon Development (China) Co., Ltd.
Unipex Solutions Canada Inc.
XPAC Technologies Inc.
Yuki Gosei Kogyo Co., Ltd.
THE PEOPLE’S REPUBLIC OF CHINA: Certain Tissue Paper Products,8 A–570–894 .............................................................
AR Printing & Packaging (India) Pvt. Ltd.
LF Products Pte. Ltd.
Stone Sapphire (HK) Limited
Countervailing Duty Proceedings
INDIA: Certain Hot-Rolled Carbon Steel Flat Products,9 C–533–821 ..........................................................................................
TURKEY: Welded Carbon Steel Pipe and Tube, C–489–502 ......................................................................................................
Borusan Group
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Holding A.S.
Borusan Lojistik Dagitim Pepolama Tasimacilik ye Tic A.S.
Borusan Istikbal Ticaret T.A.S.
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Guven Steel Pipe (also known as Guven celik Born San. Ve Tic. Ltd.)
Toscelik Profil ve Sac Endustisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Born Sanayii A.S.
Yucel Group
Yucel Boru ye Profil Endustrisi A.S,
Yucelboru Ihracat Ithalat ye Pazarlama A.S.
Cayirova Born Sanayi ye Ticaret A.S. (‘‘Yucel Group’’)
3/1/12–2/28/13
1/1/12–12/31/12
1/1/12–12/31/12
3 In the initiation notice for certain frozen warmwater shrimp from India and Thailand, the Department inadvertently omitted one company requested for review of the antidumping duty order on Certain Frozen Warmwater Shrimp from India. Specifically, the timely review request for
Devi Sea Foods Limited (Devi) was not included in the April 2, 2013, initiation notice. See Certain Frozen Warmwater Shrimp From India and
Thailand: Notice of Initiation of Antidumping Duty Administrative Reviews, 78 FR 19639 (April 2, 2013). This company is included herein as a
correction to the April 2, 2013, initiation notice.
4 Shrimp produced and exported by Devi was excluded from the order effective February 1, 2009. See Certain Frozen Warmwater Shrimp
From India: Final Results of Antidumping Duty Administrative Review, Partial Rescission of Review, and Notice of Revocation of Order in Part,
75 FR 41813, 41814 (July 19, 2010). However, shrimp produced by other manufacturers and exported by Devi, as well as shrimp produced by
Devi and exported by other exporters remains subject to the order. Thus, this administrative review with respect to Devi covers only entries of
certain frozen warmwater shrimp from India where Devi acted as either the manufacturer or exporter (but not both).
5 In the initiation notice covering cases with February anniversary dates, the Department inadvertently omitted one company requested for review of the antidumping duty order on Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’). Specifically, the
timely review request for Gallant Dachan Seafood Co., Ltd. was not included in the March 29, 2013, initiation notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 19197 (March 29, 2013). This company is
included herein as a correction to the March 29, 2013, initiation notice.
6 If one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Frozen Warmwater Shrimp from
Vietnam who have not qualified for a separate rate are deemed to be covered by this review as part of the single People’s Republic of China
(‘‘PRC’’) entity of which the named exporters are a part.
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7 If one of the above-named companies does not qualify for a separate rate, all other exporters of Glycine 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.
8 If one of the above-named companies does not qualify for a separate rate, all other exporters of Tissue Paper Products 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.
9 In the initiation notice covering cases with December anniversary dates, the Department inadvertently included Tata Steel Limited in the initiation of the review of the countervailing duty order on Certain Hot-Rolled Carbon Steel Flat Products from India. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 6291 (January 30, 2012). We are not initiating a review with respect to Tata Steel Limited. This is a correction to the January 30, 2012, initiation notice.
Suspension Agreements
None.
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 POR.
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;
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 the 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: April 25, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–10299 Filed 4–30–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for June
2013
The following Sunset Reviews are
scheduled for initiation in June 2013
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Review.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Department contact
Antidumping Duty Proceedings
Carbon and Certain Alloy Steel Wire Rod from Brazil (A–351–832) (2nd Review) ........................................
Circular Welded Carbon-Quality Steel Pipe from the People’s Republic of China (A–570–910) (1st Review).
Carbon and Certain Alloy Steel Wire Rod from Indonesia (A–560–815) (2nd Review) .................................
Carbon and Certain Alloy Steel Wire Rod from Mexico (A–201–830) (2nd Review) ......................................
Carbon and Certain Alloy Steel Wire Rod from Moldova (A–841–805) (2nd Review) ...................................
Silicon Metal from Russia (A–821–817) (2nd Review) ....................................................................................
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago (A–274–804) (2nd Review) ...............
Carbon and Certain Alloy Steel Wire Rod from Ukraine (A–823–812) (2nd Review) .....................................
Countervailing Duty Proceedings
Carbon and Certain Alloy Steel Wire Rod from Brazil (C–351–833) (2nd Review) ........................................
Circular Welded Carbon-Quality Steel Pipe from the People’s Republic of China (C–570–911) (1st Review).
VerDate Mar<15>2010
14:21 Apr 30, 2013
Jkt 229001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
E:\FR\FM\01MYN1.SGM
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
Dana Mermelstein (202) 482–1391.
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
Jennifer Moats (202) 482–5047.
David Goldberger (202) 482–4136.
01MYN1
]]>Agencies
[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25418-25422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10299]
-----------------------------------------------------------------------
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
[[Page 25419]]
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 Date: May 1, 2013.
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 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 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 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 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
[[Page 25420]]
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.
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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, 2014.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
FRANCE: Brass Sheet and Strip, A-427-602............. 3/1/12-2/28/13
Griset SA
KME France (previously known as Trefimetaux)
GERMANY: Brass Sheet and Strip, A-428-602............ 3/1/12-2/28/13
Aurubis Stolberg GmbH & Co. KG
Carl Schreiber GmbH
KME Germany AG & Co. KG
Messingwerk Plettenberg Herfeld GmbH & Co. KG
MKM Mansfelder Kupfer & Messing GmbH
Schlenk Metallfolien GmbH & Co. KG
Schwermetall Halbzeugwerk GmbH & Co. KG
Sundwiger Messingwerke GmbH & Co. KG
ThyssenKrupp VDM GmbH
Wieland-Werke AG
INDIA: Certain Frozen Warmwater Shrimp,\3\ A-533-840. 2/1/12-1/31/13
Devi Sea Foods Limited \4\
ITALY: Brass Sheet and Strip, A-475-601.............. 3/1/12-2/28/13
KME Italy SpA
SOCIALIST REPUBLIC OF VIETNAM: Certain Frozen 2/1/12-1/31/13
Warmwater Shrimp,\5\ \6\ A-552-802..................
Gallant Dachan Seafood Co., Ltd.
SPAIN: Stainless Steel Bar, A-469-805................ 3/1/12-2/28/13
Gerdau Aceros E-speciales Europa, S.L.
TAIWAN: Polvinyl Alcohol, A-583-841.................. 3/1/12-2/28/13
Chang Chun Petrochemical Co., Ltd.
THAILAND: Circular Welded Carbon Steel Pipes and 3/1/12-2/28/13
Tubes, A-549-502....................................
Pacific Pipe Public Company Limited
Saha Thai Steel Pipe (Public) Company, Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Glycine,\7\ A-570-836 3/1/12-2/28/13
A&A Pharmachem Inc.
AICO Laboratories India Ltd.
Amol Pharmaceuticals Pvt. Ltd.
Avid Organics
Aqua Bond Inc.
Baoding Mantong Fine Chemistry Co., Ltd.
Beijing Onlystar Technology Co., Ltd.
Chiyuen International Trading Ltd.
[[Page 25421]]
China Jiangsu International Economic Technical
Cooperation Corporation
E-Heng Import and Export Co., Ltd.
Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.
FarmaSino Pharmaceuticals (Jiangsu) Co., Ltd.
General Ingredient Inc.
Gulbrandsen Technologies (India)
Gurvey & Berry Co.
Hebei Donghua Jiheng Fine Chemical Co., Ltd.
H.T. Griffin Food Ingredients
Hong Kong United Biochemistry Co. Ltd.
Jiangsu Dongchang Chemical
Jiangxi Ansun Chemical Technology
Jiangyin Trust International Inc.
Jizhou City Huayang Chemical Co., Ltd.
Kissner Milling Co. Ltd.
NALCO Canada Co.
Ningbo Create-Bio Engineering Co. Ltd.
Ningbo Generic Chemical Co.
Qingdao Samin Chemical Co., Ltd.
Paras Intermediates Pvt. Ltd.
Ravi Industries
Salvi Chemical Industries
Shanpar Industries Pvt. Ltd.
Showa Denko K.K.
Shijiazhuang Jackchem Co., Ltd.
Shijiazhuang Zexing Amino Acid Co.
Tianjin Garments Import & Export
Tianjin Tiancheng Pharmaceutical Company
Tianjin Tianen Enterprise Co. Ltd.
Tywoon Development (China) Co., Ltd.
Unipex Solutions Canada Inc.
XPAC Technologies Inc.
Yuki Gosei Kogyo Co., Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Certain Tissue Paper 3/1/12-2/28/13
Products,\8\ A-570-894..............................
AR Printing & Packaging (India) Pvt. Ltd.
LF Products Pte. Ltd.
Stone Sapphire (HK) Limited
Countervailing Duty Proceedings
INDIA: Certain Hot-Rolled Carbon Steel Flat 1/1/12-12/31/12
Products,\9\ C-533-821..............................
TURKEY: Welded Carbon Steel Pipe and Tube, C-489-502. 1/1/12-12/31/12
Borusan Group
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Holding A.S.
Borusan Lojistik Dagitim Pepolama Tasimacilik ye
Tic A.S.
Borusan Istikbal Ticaret T.A.S.
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Guven Steel Pipe (also known as Guven celik Born
San. Ve Tic. Ltd.)
Toscelik Profil ve Sac Endustisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Born Sanayii A.S.
Yucel Group
Yucel Boru ye Profil Endustrisi A.S,
Yucelboru Ihracat Ithalat ye Pazarlama A.S.
Cayirova Born Sanayi ye Ticaret A.S. (``Yucel
Group'')
------------------------------------------------------------------------
\3\ In the initiation notice for certain frozen warmwater shrimp from
India and Thailand, the Department inadvertently omitted one company
requested for review of the antidumping duty order on Certain Frozen
Warmwater Shrimp from India. Specifically, the timely review request
for Devi Sea Foods Limited (Devi) was not included in the April 2,
2013, initiation notice. See Certain Frozen Warmwater Shrimp From
India and Thailand: Notice of Initiation of Antidumping Duty
Administrative Reviews, 78 FR 19639 (April 2, 2013). This company is
included herein as a correction to the April 2, 2013, initiation
notice.
\4\ Shrimp produced and exported by Devi was excluded from the order
effective February 1, 2009. See Certain Frozen Warmwater Shrimp From
India: Final Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, and Notice of Revocation of Order in
Part, 75 FR 41813, 41814 (July 19, 2010). However, shrimp produced by
other manufacturers and exported by Devi, as well as shrimp produced
by Devi and exported by other exporters remains subject to the order.
Thus, this administrative review with respect to Devi covers only
entries of certain frozen warmwater shrimp from India where Devi acted
as either the manufacturer or exporter (but not both).
\5\ In the initiation notice covering cases with February anniversary
dates, the Department inadvertently omitted one company requested for
review of the antidumping duty order on Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam (``Vietnam'').
Specifically, the timely review request for Gallant Dachan Seafood
Co., Ltd. was not included in the March 29, 2013, initiation notice.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 78 FR 19197 (March 29,
2013). This company is included herein as a correction to the March
29, 2013, initiation notice.
\6\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Certain Frozen Warmwater Shrimp from
Vietnam who have not qualified for a separate rate are deemed to be
covered by this review as part of the single People's Republic of
China (``PRC'') entity of which the named exporters are a part.
[[Page 25422]]
\7\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Glycine 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.
\8\ If one of the above-named companies does not qualify for a separate
rate, all other exporters of Tissue Paper Products 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.
\9\ In the initiation notice covering cases with December anniversary
dates, the Department inadvertently included Tata Steel Limited in the
initiation of the review of the countervailing duty order on Certain
Hot-Rolled Carbon Steel Flat Products from India. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 78 FR 6291 (January 30, 2012). We are not
initiating a review with respect to Tata Steel Limited. This is a
correction to the January 30, 2012, initiation notice.
Suspension Agreements
None.
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 POR.
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; 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 the 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: April 25, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-10299 Filed 4-30-13; 8:45 am]
BILLING CODE 3510-DS-P
