Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 53128-53132 [2013-21022]

Download as PDF 53128 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: August 22, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–21030 Filed 8–27–13; 8:45 am] BILLING CODE 3510–DS–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 July anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Effective August 28, 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: AGENCY: Background wreier-aviles on DSK5TPTVN1PROD with NOTICES 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 July 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 VerDate Mar<15>2010 15:21 Aug 27, 2013 Jkt 229001 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)(1)(i), a copy must be served on every party on the Department’s service list. 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28AUN1.SGM 28AUN1 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 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 53129 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 July 30, 2014. wreier-aviles on DSK5TPTVN1PROD with NOTICES Period to be reviewed Antidumping Duty Proceedings Finland: Purified Carboxymethylcellulose A–405–803 ........................................................................................................ CP Kelco Oy India: Polyethylene Terephthalate (PET) Film A–533–824 ................................................................................................. Ester Industries Ltd Garware Polyester Ltd Jindal Poly Films Limited of India MTZ Polyesters Ltd Polyplex Corporation Ltd SRF Ltd Uflex Limited Vacmet Italy: Certain Pasta A–475–818 ........................................................................................................................................... Alica srl Dalla Costa Alimentare srl Delverde Industrie Alimentari S.p.A Ghigi Industria Agroalimentare in San Clemente srl Molino e Pastificio Tomasello S.p.A Pasta Lensi S.r.l Pasta Zara S.p.A Pastificio Toscano srl Rummo S.p.A. Molino e Pastificio Valdigrano di Flavio Pagani S.r.L Russian Federation: Solid Urea A–821–801 ....................................................................................................................... MCC EuroChem Spain: Chlorinated Isocyanurates 3 A–469–814 .................................................................................................................. Ercros, S.A Taiwan: Polyethylene Terephthalate (PET) Film A–583–837 ............................................................................................. Nan Ya Plastics Corporation 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 VerDate Mar<15>2010 16:29 Aug 27, 2013 Jkt 229001 shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 7/1/12–6/30/13 7/1/12–6/30/13 7/1/12–6/30/13 7/1/12–6/30/13 6/1/12–5/31/13 7/1/12–6/30/13 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. E:\FR\FM\28AUN1.SGM 28AUN1 53130 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices Period to be eviewed wreier-aviles on DSK5TPTVN1PROD with NOTICES Shinkong Materials Technology Corporation The Netherlands: Purified Carboxymethylcellulose A–421–811 ......................................................................................... Akzo Nobel Functional Chemicals B.V The People’s Republic of China: Certain Steel Grating 4 A–570–947 ................................................................................ Anping Jinyuan Metal Anping Jinyuan Metal Co., Ltd Comtrust Metal & Ware Mesh Products Co. Ltd Comtrust Metal Wire Mesh Product Factory Dalian AW Gratings Dalian AW Gratings, Ltd Fujian Youxi Best Arts & Crafts Co., Ltd Guangzhou Webforge Guangzhou Webforge Grating Co., Ltd Hebei Jinshi Industrial Metal Hebei Jinshi Industrial Metal Co., Ltd Jiashan Qilimei Grating Jiashan Qilmei Grating Co., Ltd Kingjoy Building Decorative Materials Co Ltd Ningbo Haitian International Co., Ltd Ningbo Jiulong Machinery Manufacturing Co., Ltd Ningbo Lihong Steel Grating Co., Ltd Ningbo Zhenhai Jiulong Electronic Equipment Factory Shanghai Shenhao Steel Structure Designing Shanghai Shenhao Steel Structure Designing Co., Ltd Shanghai DAHE Grating Co., Ltd Sinosteel Yantai Steel Grating Co., Ltd Tianchang Flying-Dragon Metallic Products Tianchang Flying-Dragon Metallic Products Co., Ltd Qing Auging Mechancial Xinxing Grating Factory Yantai Hercules Metal Ltd Yantai Xinke Steel Structure Co., Ltd Zhejian Hengzhou Steel Grating Zhejian Hengzhou Steel Grating Co., Ltd The People’s Republic of China: Certain Steel Threaded Rod 5 6 A–570–932 ................................................................... The People’s Republic of China: Circular Welded Carbon Quality Steel Pipe 7 A–570–910 ............................................. Baoshan Iron & Steel Co., Ltd Beijing Jia Mei AO Trading Co., Ltd Beijing Jinghua Global Trading Co., Ltd Benxi Northern Steel Pipes, Co. Ltd CNOOC Kingland Pipeline Co., Ltd ETCO (China) International Trading Co., Ltd Guangzhou Juyi Steel Pipe Co., Ltd Huludao City Steel Pipe Industrial Jiangsu Changbao Steel Tube Co., Ltd Jiangsu Yulong Steel Pipe Co., Ltd Liaoning Northern Steel Pipe Co., Ltd Pangang Chengdu Group Iron & Steel Co., Ltd Shanghai Zhongyou TIPO Steel Pipe Co., Ltd Tianjin Haoyou Industry Trade Co., Ltd Tianjin Baolai International Trade Co., Ltd Tianjin Longshenghua Import & Export Tianjin Shuangjie Steel Pipe Co., Ltd Weifang East Steel Pipe Co., Ltd WISCO & CRM Wuhan Materials & Trade Zhejiang Kingland Pipeline Industry Co., Ltd. Countervailing Duty Proceedings India: Polyethylene Terephthalate (PET) Film C–533–825 ................................................................................................. Ester Industries Ltd Garware Polyester Ltd Jindal Poly Films Limited of India MTZ Polyesters Ltd Polyplex Corporation Ltd SRF Ltd Uflex Limited Vacmet Italy: Certain Pasta C–475–819 .......................................................................................................................................... DeMatteis Agroalimentare S.p.A Delverde Industrie Alimentari S.p.A Fratelli DeCecco di Filippo Fara San Martino S.p.A Ghigi Industria Agroalimentare in San Clemente srl Pasta Granoro S.r.L. aka Pastifico Attilio Mastromauro Granoro S.r.L VerDate Mar<15>2010 15:21 Aug 27, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\28AUN1.SGM 28AUN1 7/1/12–6/30/13 7/1/12–6/30/13 4/1/12–3/31/13 7/1/12–6/30/13 1/1/12–12/31/12 1/1/12–12/31/12 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 53131 Period to be eviewed Valdigrano di Flavio Pagani S.r.L The People’s Republic of China: Circular Welded Carbon Quality Steel Pipe C–570–911 ............................................... Baoshan Iron & Steel Co., Ltd Beijing Jia Mei AO Tading Co., Ltd Beijing Jinghua Global Trading Co Benxi Northern Steel Pipes, Co. Ltd CNOOC Kingland Pipeline Co., Ltd ETCO (China) International Trading Co., Ltd Guangzhou Juyi Steel Pipe Co., Ltd Huludao City Steel Pipe Industrial Jiangsu Changbao Steel Tube Co., Ltd Jiangsu Yulong Steel Pipe Co., Ltd Liaoning Northern Steel Pipe Co., Ltd Pangang Chengdu Group Iron & Steel Co., Ltd Shanghai Zhongyou TIPO Steel Pipe Co., Ltd Tianjin Haoyou Industry Trade Co Tianjin Longshenghua Import & Export Tianjin Shuangjie Steel Pipe Co., Ltd Weifang East Steel Pipe Co., Ltd WISCO & CRM Wuhan Materials & Trade Zhejiang Kingland Pipeline Industry Co., Ltd. Suspension Agreements None wreier-aviles on DSK5TPTVN1PROD with NOTICES During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset 3 The company name listed above was misspelled in the initiation notice that published on August 1, 2013 (78 FR 46566). The correct spelling of the company is listed in this notice. 4 If one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Steel Grating 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 one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Steel Threaded Rod 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 In the initiation that published on June 3, 2013 (78 FR 33052) the Department incorrectly identified that administrative reviews were initiated on the antidumping duty order of Certain Steel Threaded Rod from the PRC for the following companies: (1) China Jiangsu International Economic Technical Cooperation Corporation; (2) Ningbo Baoli Machinery Manufacture Co., Ltd.; and (3) Shanghai P&J International Trading Co., Ltd. The Department is now correcting that notice: The Department is initiating administrative reviews on the antidumping duty order of Certain Steel Threaded Rod from the PRC for the following companies: (1) China Friendly Nation Hardware Technology Limited; and (2) Orient International Holding Shanghai Rongheng Intl Trading Co. Ltd. 7 If one of the above-named companies does not qualify for a separate rate, all other exporters of Circular Welded Carbon Quality Steel Pipe 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. VerDate Mar<15>2010 15:21 Aug 27, 2013 Jkt 229001 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)). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 1/1/12–12/31/12 Revised Factual Information Requirements On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on E:\FR\FM\28AUN1.SGM 28AUN1 53132 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES or after May 10, 2013. Please review the final rule, available at https:// ia.ita.doc.gov/frn/2013/1304frn/201308227.txt, prior to submitting factual information in this segment. Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information. 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. Ongoing segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011 should use the formats for the revised certifications provided at the end of the Interim Final Rule. 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); Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also the frequently asked questions regarding the Final Rule, available at https://ia.ita.doc.gov/tlei/notices/ factual_info_final_rule_FAQ_ 07172013.pdf. The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: August 21, 2013. Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–21022 Filed 8–27–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 15:21 Aug 27, 2013 Jkt 229001 National Oceanic and Atmospheric Administration Dated: August 23, 2013. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. RIN 0648–XC797 [FR Doc. 2013–20987 Filed 8–27–13; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–22–P Mid-Atlantic Fishery Management Council (MAFMC); Meeting; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting; correction. AGENCY: The Mid-Atlantic Fishery Management Council’s Spiny Dogfish Advisory Panel (AP) will meet to develop a Fishery Performance Report for the Spiny Dogfish fishery in preparation for the Council and the Council’s Scientific and Statistical Committee review of specifications that have been set for the 2014 fishing year. The meeting date and time are being corrected in this document. All other information previously-published is repeated here. DATES: Tuesday, September 10, 2013 at 1 p.m. until 4 p.m. ADDRESSES: The meeting will be held via Webinar with a listening station also available at the Council Address below. Webinar link: https:// mafmc.adobeconnect.com/dogfish/ Council Address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The original notice published at 78 FR 48421, August 8, 2013, and the correction to the meeting time published at 78 FR 52135, August 22, 2013. This document corrects the meeting time and date. The Advisory Panel will develop a Fishery Performance Report for consideration by the Council and the Council’s SSC as they review spiny dogfish management measures established for the 2014 fishing year. SUMMARY: Special Accommodations: The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office (302) 526–5251 at least five days prior to the meeting date. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2013–OS–0119] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by September 27, 2013. FOR FURTHER INFORMATION CONTACT: Fred Licari, 571–372–0493. SUPPLEMENTARY INFORMATION: Title, Associated Form and OMB Number: National Geospatial-Intelligence Agency Enterprise Workforce System; OMB Control Number 0704–TBD. Type of Request: New Collection. Number of Respondents: 12,000. Responses per Respondent: 1. Annual Responses: 12,000. Average Burden per Response: 30 minutes. Annual Burden Hours: 6,000. Needs and Uses: The information collection requirement is necessary to maintain and disseminate employee information to facilitate a variety of NGA’s mission-related duties, including activities related to administrative matters, account creation, operations support, access controls, workforce security, training records, expertise, competency management, polygraph information, drug, vision and medical test results, Federal reporting requirements, and domestic and international counterintelligence. Affected Public: Individuals or households. Frequency: On occasion. Respondent’s Obligation: Required to Obtain or Retain Benefits. OMB Desk Officer: Ms. Jasmeet Seehra. Written comments and recommendations on the proposed information collection should be sent to Ms. Jasmeet Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. SUMMARY: E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Pages 53128-53132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21022]


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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 July anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews.

DATES: Effective August 28, 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 July 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)(1)(i), a copy 
must be served on every party on the Department's service list.

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

[[Page 53129]]

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 
completed 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 July 30, 2014.


------------------------------------------------------------------------
                                                  Period to be reviewed
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
Finland: Purified Carboxymethylcellulose A-405-           7/1/12-6/30/13
 803...........................................
    CP Kelco Oy
India: Polyethylene Terephthalate (PET) Film A-           7/1/12-6/30/13
 533-824.......................................
    Ester Industries Ltd
    Garware Polyester Ltd
    Jindal Poly Films Limited of India
    MTZ Polyesters Ltd
    Polyplex Corporation Ltd
    SRF Ltd
    Uflex Limited
    Vacmet
Italy: Certain Pasta A-475-818.................           7/1/12-6/30/13
    Alica srl
    Dalla Costa Alimentare srl
    Delverde Industrie Alimentari S.p.A
    Ghigi Industria Agroalimentare in San
     Clemente srl
    Molino e Pastificio Tomasello S.p.A
    Pasta Lensi S.r.l
    Pasta Zara S.p.A
    Pastificio Toscano srl
    Rummo S.p.A. Molino e Pastificio
    Valdigrano di Flavio Pagani S.r.L
Russian Federation: Solid Urea A-821-801.......           7/1/12-6/30/13
    MCC EuroChem
Spain: Chlorinated Isocyanurates \3\ A-469-814.           6/1/12-5/31/13
    Ercros, S.A
Taiwan: Polyethylene Terephthalate (PET) Film A-          7/1/12-6/30/13
 583-837.......................................
    Nan Ya Plastics Corporation

[[Page 53130]]

 
    Shinkong Materials Technology Corporation
The Netherlands: Purified                                 7/1/12-6/30/13
 Carboxymethylcellulose A-421-811..............
    Akzo Nobel Functional Chemicals B.V
The People's Republic of China: Certain Steel             7/1/12-6/30/13
 Grating \4\ A-570-947.........................
    Anping Jinyuan Metal
    Anping Jinyuan Metal Co., Ltd
    Comtrust Metal & Ware Mesh Products Co. Ltd
    Comtrust Metal Wire Mesh Product Factory
    Dalian AW Gratings
    Dalian AW Gratings, Ltd
    Fujian Youxi Best Arts & Crafts Co., Ltd
    Guangzhou Webforge
    Guangzhou Webforge Grating Co., Ltd
    Hebei Jinshi Industrial Metal
    Hebei Jinshi Industrial Metal Co., Ltd
    Jiashan Qilimei Grating
    Jiashan Qilmei Grating Co., Ltd
    Kingjoy Building Decorative Materials Co
     Ltd
    Ningbo Haitian International Co., Ltd
    Ningbo Jiulong Machinery Manufacturing Co.,
     Ltd
    Ningbo Lihong Steel Grating Co., Ltd
    Ningbo Zhenhai Jiulong Electronic Equipment
     Factory
    Shanghai Shenhao Steel Structure Designing
    Shanghai Shenhao Steel Structure Designing
     Co., Ltd
    Shanghai DAHE Grating Co., Ltd
    Sinosteel Yantai Steel Grating Co., Ltd
    Tianchang Flying-Dragon Metallic Products
    Tianchang Flying-Dragon Metallic Products
     Co., Ltd
    Qing Auging Mechancial
    Xinxing Grating Factory
    Yantai Hercules Metal Ltd
    Yantai Xinke Steel Structure Co., Ltd
    Zhejian Hengzhou Steel Grating
    Zhejian Hengzhou Steel Grating Co., Ltd
The People's Republic of China: Certain Steel             4/1/12-3/31/13
 Threaded Rod 5 6 A-570-932....................
The People's Republic of China: Circular Welded           7/1/12-6/30/13
 Carbon Quality Steel Pipe \7\ A-570-910.......
    Baoshan Iron & Steel Co., Ltd
    Beijing Jia Mei AO Trading Co., Ltd
    Beijing Jinghua Global Trading Co., Ltd
    Benxi Northern Steel Pipes, Co. Ltd
    CNOOC Kingland Pipeline Co., Ltd
    ETCO (China) International Trading Co., Ltd
    Guangzhou Juyi Steel Pipe Co., Ltd
    Huludao City Steel Pipe Industrial
    Jiangsu Changbao Steel Tube Co., Ltd
    Jiangsu Yulong Steel Pipe Co., Ltd
    Liaoning Northern Steel Pipe Co., Ltd
    Pangang Chengdu Group Iron & Steel Co., Ltd
    Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
    Tianjin Haoyou Industry Trade Co., Ltd
    Tianjin Baolai International Trade Co., Ltd
    Tianjin Longshenghua Import & Export
    Tianjin Shuangjie Steel Pipe Co., Ltd
    Weifang East Steel Pipe Co., Ltd
    WISCO & CRM Wuhan Materials & Trade
    Zhejiang Kingland Pipeline Industry Co.,
     Ltd.......................................
 
        Countervailing Duty Proceedings
 
India: Polyethylene Terephthalate (PET) Film C-          1/1/12-12/31/12
 533-825.......................................
    Ester Industries Ltd
    Garware Polyester Ltd
    Jindal Poly Films Limited of India
    MTZ Polyesters Ltd
    Polyplex Corporation Ltd
    SRF Ltd
    Uflex Limited
    Vacmet
Italy: Certain Pasta C-475-819.................          1/1/12-12/31/12
    DeMatteis Agroalimentare S.p.A
    Delverde Industrie Alimentari S.p.A
    Fratelli DeCecco di Filippo Fara San
     Martino S.p.A
    Ghigi Industria Agroalimentare in San
     Clemente srl
    Pasta Granoro S.r.L. aka Pastifico Attilio
     Mastromauro Granoro S.r.L

[[Page 53131]]

 
    Valdigrano di Flavio Pagani S.r.L
The People's Republic of China: Circular Welded          1/1/12-12/31/12
 Carbon Quality Steel Pipe C-570-911...........
    Baoshan Iron & Steel Co., Ltd
    Beijing Jia Mei AO Tading Co., Ltd
    Beijing Jinghua Global Trading Co
    Benxi Northern Steel Pipes, Co. Ltd
    CNOOC Kingland Pipeline Co., Ltd
    ETCO (China) International Trading Co., Ltd
    Guangzhou Juyi Steel Pipe Co., Ltd
    Huludao City Steel Pipe Industrial
    Jiangsu Changbao Steel Tube Co., Ltd
    Jiangsu Yulong Steel Pipe Co., Ltd
    Liaoning Northern Steel Pipe Co., Ltd
    Pangang Chengdu Group Iron & Steel Co., Ltd
    Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
    Tianjin Haoyou Industry Trade Co
    Tianjin Longshenghua Import & Export
    Tianjin Shuangjie Steel Pipe Co., Ltd
    Weifang East Steel Pipe Co., Ltd
    WISCO & CRM Wuhan Materials & Trade
    Zhejiang Kingland Pipeline Industry Co.,
     Ltd.......................................
------------------------------------------------------------------------

Suspension Agreements

    None
     
---------------------------------------------------------------------------

    \3\ The company name listed above was misspelled in the 
initiation notice that published on August 1, 2013 (78 FR 46566). 
The correct spelling of the company is listed in this notice.
    \4\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Certain Steel Grating 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 one of the above-named companies does not qualify for a 
separate rate, all other exporters of Certain Steel Threaded Rod 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\ In the initiation that published on June 3, 2013 (78 FR 
33052) the Department incorrectly identified that administrative 
reviews were initiated on the antidumping duty order of Certain 
Steel Threaded Rod from the PRC for the following companies: (1) 
China Jiangsu International Economic Technical Cooperation 
Corporation; (2) Ningbo Baoli Machinery Manufacture Co., Ltd.; and 
(3) Shanghai P&J International Trading Co., Ltd. The Department is 
now correcting that notice: The Department is initiating 
administrative reviews on the antidumping duty order of Certain 
Steel Threaded Rod from the PRC for the following companies: (1) 
China Friendly Nation Hardware Technology Limited; and (2) Orient 
International Holding Shanghai Rongheng Intl Trading Co. Ltd.
    \7\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Circular Welded Carbon Quality 
Steel Pipe 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 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)).

Revised Factual Information Requirements

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
The definition of factual information (19 CFR 351.102(b)(21)), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on

[[Page 53132]]

or after May 10, 2013. Please review the final rule, available at 
https://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information in this segment.
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information. 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. Ongoing segments of any antidumping duty or 
countervailing duty proceedings initiated on or after March 14, 2011 
should use the formats for the revised certifications provided at the 
end of the Interim Final Rule. 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); 
Certification of Factual Information to Import Administration during 
Antidumping and Countervailing Duty Proceedings: Supplemental Interim 
Final Rule, 76 FR 54697 (September 2, 2011). All segments of any 
antidumping duty or countervailing duty proceedings initiated on or 
after August 16, 2013, should use the formats for the revised 
certifications provided at the end of the Final Rule. See Certification 
of Factual Information To Import Administration During Antidumping and 
Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final 
Rule''); see also the frequently asked questions regarding the Final 
Rule, available at https://ia.ita.doc.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. The Department intends to reject 
factual submissions in any proceeding segments if the submitting party 
does not comply with applicable revised certification requirements.
    These initiations and this notice are in accordance with section 
751(a) of the Act (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: August 21, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-21022 Filed 8-27-13; 8:45 am]
BILLING CODE 3510-DS-P

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