Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 72630-72633 [2013-28948]
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
Fong Min International Co., Ltd. (Teh
Fong Min).2
On September 25, 2013, Clariant
withdrew its request for an
administrative review of Teh Fong
Min.3
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’
Clariant withdrew its request for review
within the 90-day time limit. Further,
because we rejected Teh Fong Min’s
June 3, 2013 request for the Department
to conduct an administrative review, as
untimely,4 and received no other
requests for review of Teh Fong Min or
with respect to other companies subject
to the order, we are rescinding the
administrative review of the order in
full. This rescission is in accordance
with 19 CFR 351.213(d)(1).
Accordingly, the Department intends
to issue appropriate assessment
instructions to U.S. Customs and Border
Protection 15 days after publication of
this notice.
Dated: November 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
emcdonald on DSK67QTVN1PROD with NOTICES
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 38924 (June
28, 2013).
3 See letter from Clariant to the Department,
‘‘Certain Stilbenic Optical Brightening Agents from
Taiwan: Withdrawal of Petitioner’s Request for
Administrative Review’’ (September 25, 2013).
4 See letter from Teh Fong Min, ‘‘Certain Stilbenic
Optical Brightening Agents (CSOBA)’’ (June 3,
2013); see also letter from the Department to Teh
Fong Min (June 5, 2013).
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[FR Doc. 2013–28943 Filed 12–2–13; 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
Enforcement and Compliance,
formerly 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 October anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: December 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with October
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
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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
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
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
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/enforcement 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
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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://trade.gov/enforcement/ 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 October 31, 2014.
emcdonald on DSK67QTVN1PROD with NOTICES
Period to be
reviewed
Antidumping duty proceedings
MEXICO: Carbon and Certain Alloy Steel Wire Rod A–201–830 ................................................................................................
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 completed
segment of the proceeding in which they
participated.
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10/1/12–9/30/13
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.
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
Period to be
reviewed
Deacero S.A. de C.V.
THE PEOPLE’S REPUBLIC OF CHINA: Helical Spring Lock Washers 3 A–570–822 .................................................................
Jiangsu RC Import & Export Co., Ltd.
Suzhou Guoxin Group Wang Shun Imp. and Exp. Co., Ltd.
Winnsen Industry Co., Ltd.
THE PEOPLE’S REPUBLIC OF CHINA: Steel Wire Garment Hangers 4 A–570–918 ................................................................
Feirongda Weaving Material Co. Ltd.
Hangzhou Qingqing Mechanical Co. Ltd.
Hangzhou Yingqing Material Co. Ltd.
Hong Kong Wells Ltd (‘‘Wells HK’’).
Hongye (HK) Group Development Co. Ltd.
Liaoning Metals & Mineral Imp/Exp Corp.
Ningbo Bingcheng Import & Export Co. Ltd.
Ningbo Dasheng Hanger Ind. Co. Ltd.
Ningbo Peacebird Import & Export Co. Ltd.
Shang Zhou Leather Shoes Plant.
Shanghai Ding Ying Printing & Dyeing Co. Ltd.
Shanghai Guoxing Metal Products Co. Ltd.
Shanghai Jianhai International Trade Co. Ltd.
Shanghai Lian Development Co. Ltd.
Shanghai Shuang Qiang Embroidery Factory Co. Ltd.
Shanghai Wells Hanger Co., Ltd.
Shangyu Baoxiang Metal Manufactured Co. Ltd.
Shaoxing Andrew Metal Manufactured Co. Ltd.
Shaoxing Dingli Metal Clotheshorse Co. Ltd.
Shaoxing Gangyuan Metal Manufactured Co. Ltd.
Shaoxing Guochao Metallic Products Co., Ltd.
Shaoxing Liangbao Metal Manufactured Co. Ltd.
Shaoxing Meideli Hanger Co. Ltd.
Shaoxing Shunji Metal Clotheshorse Co., Ltd.
Shaoxing Shuren Tie Co. Ltd.
Shaoxing Tongzhou Metal Manufactured Co. Ltd.
Shaoxing Zhongbao Metal Manufactured Co. Ltd.
Shaoxing Zhongdi Foreign Trade Co. Ltd.
Tianjin Innovation International.
Tianjin Tailai Import and Export Co. Ltd.
Wesken International (Kunshan) Co. Ltd.
Zhejiang Hongfei Plastic Industry Co. Ltd.
Zhejiang Jaguar Import & Export Co. Ltd.
Zhejiang Lucky Cloud Hanger Co. Ltd.
Countervailing Duty Proceedings:
THE PEOPLE’S REPUBLIC OF CHINA: Certain Magnesia Carbon Bricks 5 C–570–955 ...........................................................
Jinan Forever Imp. & Exp. Trading Co., Ltd.
Jinan Linquan Imp. & Exp. Co. Ltd.
Qingdao Blueshell Import & Export Corp.
Yingkou Qinghua Group Imp. & Exp. Co., Ltd.
Yixing Xinwei Leeshing Refractory Materials Co., Ltd.
emcdonald on DSK67QTVN1PROD with NOTICES
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
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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.
3 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Helical Spring Lock Washers from the PRC who
have not qualified for a separate rate are deemed to
be covered by this review as part of the single PRC
entity of which the named exporters are a part.
4 If one of the above-named companies does not
qualify for a separate rate, all other exporters of
Steel Wire Garment Hangers 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 The companies listed above were misspelled in
the initiation notice that published on November 8,
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10/1/12–9/30/13
10/1/12–9/30/13
1/1/12—12/31/12
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
2013 (78 FR 67104). The correct spelling of the
companies is listed in this notice.
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
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
or after May 10, 2013. Please review the
final rule, available at https://
enforcement.trade.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.
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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://enforcement.trade.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.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in antidumping (AD)
and countervailing duty (CVD)
proceedings: Final Rule, 78 FR 57790
(September 20, 2013). The modification
clarifies that parties may request an
extension of time limits before a time
limit established under Part 351 expires,
or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the time limit established
under Part 351 expires. For submissions
which are due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
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72633
country and surrogate values and
rebuttal; (4) comments concerning U.S.
Customs and Border Protection data;
and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
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: November 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–28948 Filed 12–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–814]
Chlorinated Isocyanurates From Spain:
Final Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of the administrative
review of the antidumping duty order
on chlorinated isocyanurates
(chlorinated isos) from Spain.1 The
period of review (‘‘POR’’) is June 1,
2011, through May 31, 2012. We gave
interested parties an opportunity to
AGENCY:
1 See Chlorinated Isocyanurates from Spain:
Preliminary Results of the Antidumping Duty
Administrative Review; 2011–12, 78 FR 41367 (July
10, 2013) (‘‘Preliminary Results’’)
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]]>Agencies
[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72630-72633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28948]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part
AGENCY: Enforcement and Compliance, formerly 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 October anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Effective Date: December 3, 2013.
FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
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 October 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
[[Page 72631]]
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 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/enforcement 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://trade.gov/enforcement/ 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 October 31, 2014.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping duty proceedings
MEXICO: Carbon and Certain Alloy Steel Wire Rod A-201- 10/1/12-9/30/13
830.................................................
[[Page 72632]]
Deacero S.A. de C.V..............................
THE PEOPLE'S REPUBLIC OF CHINA: Helical Spring Lock 10/1/12-9/30/13
Washers \3\ A-570-822...............................
Jiangsu RC Import & Export Co., Ltd..............
Suzhou Guoxin Group Wang Shun Imp. and Exp. Co.,
Ltd.............................................
Winnsen Industry Co., Ltd........................
THE PEOPLE'S REPUBLIC OF CHINA: Steel Wire Garment 10/1/12-9/30/13
Hangers \4\ A-570-918...............................
Feirongda Weaving Material Co. Ltd...............
Hangzhou Qingqing Mechanical Co. Ltd.............
Hangzhou Yingqing Material Co. Ltd...............
Hong Kong Wells Ltd (``Wells HK'')...............
Hongye (HK) Group Development Co. Ltd............
Liaoning Metals & Mineral Imp/Exp Corp...........
Ningbo Bingcheng Import & Export Co. Ltd.........
Ningbo Dasheng Hanger Ind. Co. Ltd...............
Ningbo Peacebird Import & Export Co. Ltd.........
Shang Zhou Leather Shoes Plant...................
Shanghai Ding Ying Printing & Dyeing Co. Ltd.....
Shanghai Guoxing Metal Products Co. Ltd..........
Shanghai Jianhai International Trade Co. Ltd.....
Shanghai Lian Development Co. Ltd................
Shanghai Shuang Qiang Embroidery Factory Co. Ltd.
Shanghai Wells Hanger Co., Ltd...................
Shangyu Baoxiang Metal Manufactured Co. Ltd......
Shaoxing Andrew Metal Manufactured Co. Ltd.......
Shaoxing Dingli Metal Clotheshorse Co. Ltd.......
Shaoxing Gangyuan Metal Manufactured Co. Ltd.....
Shaoxing Guochao Metallic Products Co., Ltd......
Shaoxing Liangbao Metal Manufactured Co. Ltd.....
Shaoxing Meideli Hanger Co. Ltd..................
Shaoxing Shunji Metal Clotheshorse Co., Ltd......
Shaoxing Shuren Tie Co. Ltd......................
Shaoxing Tongzhou Metal Manufactured Co. Ltd.....
Shaoxing Zhongbao Metal Manufactured Co. Ltd.....
Shaoxing Zhongdi Foreign Trade Co. Ltd...........
Tianjin Innovation International.................
Tianjin Tailai Import and Export Co. Ltd.........
Wesken International (Kunshan) Co. Ltd...........
Zhejiang Hongfei Plastic Industry Co. Ltd........
Zhejiang Jaguar Import & Export Co. Ltd..........
Zhejiang Lucky Cloud Hanger Co. Ltd..............
Countervailing Duty Proceedings:
THE PEOPLE'S REPUBLIC OF CHINA: Certain Magnesia 1/1/12--12/31/12
Carbon Bricks \5\ C-570-955.........................
Jinan Forever Imp. & Exp. Trading Co., Ltd.......
Jinan Linquan Imp. & Exp. Co. Ltd................
Qingdao Blueshell Import & Export Corp...........
Yingkou Qinghua Group Imp. & Exp. Co., Ltd.......
Yixing Xinwei Leeshing Refractory Materials Co.,
Ltd.............................................
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Helical Spring Lock Washers
from the PRC who have not qualified for a separate rate are deemed
to be covered by this review as part of the single PRC entity of
which the named exporters are a part.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Steel Wire Garment Hangers
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\ The companies listed above were misspelled in the initiation
notice that published on November 8, 2013 (78 FR 67104). The correct
spelling of the companies is listed in this notice.
---------------------------------------------------------------------------
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
[[Page 72633]]
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 or after May 10, 2013. Please review the final
rule, available at https://enforcement.trade.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://enforcement.trade.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.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in antidumping
(AD) and countervailing duty (CVD) proceedings: Final Rule, 78 FR 57790
(September 20, 2013). The modification clarifies that parties may
request an extension of time limits before a time limit established
under Part 351 expires, or as otherwise specified by the Secretary. In
general, an extension request will be considered untimely if it is
filed after the time limit established under Part 351 expires. For
submissions which are due from multiple parties simultaneously, an
extension request will be considered untimely if it is filed after
10:00 a.m. on the due date. Examples include, but are not limited to:
(1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2)
factual information to value factors under 19 CFR 351.408(c), or to
measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed
pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and
correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate country and surrogate values
and rebuttal; (4) comments concerning U.S. Customs and Border
Protection data; and (5) quantity and value questionnaires. Under
certain circumstances, the Department may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, the Department will inform parties in the letter or memorandum
setting forth the deadline (including a specified time) by which
extension requests must be filed to be considered timely. This
modification also requires that an extension request must be made in a
separate, stand-alone submission, and clarifies the circumstances under
which the Department will grant untimely-filed requests for the
extension of time limits. These modifications are effective for all
segments initiated on or after October 21, 2013. Please review the
final rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these
segments.
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: November 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-28948 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P
