Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 18260-18262 [2014-07268]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
18260
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
Nickajack Port and Industrial Park, New
Hope; Site 10 (12 acres)—Hiwassee
River Industrial Park, 1590 Lauderdale
Memorial Parkway, NW., Charleston;
Site 11 (87 acres)—Cleveland/Bradley
Industrial Park, 620 Industrial Drive,
Cleveland; Site 13 (6 acres)—Roper
Corporation, 3825 Davy Crockett Drive,
Cleveland; Site 14 (53 acres, expires 12/
31/14)—Komatsu America Corporation,
409 Signal Mountain Road,
Chattanooga; Site 15 (7 acres, expires
12/31/14)—VW Group of America
Chattanooga Operations, 6170 and 6301
Enterprise Park Drive, Chattanooga; and,
Site 16 (19 acres, expires 12/31/14)—
VW Group of America Chattanooga
Operations, 5901 Shallowford Road,
Chattanooga. (Sites 4, 5, 6, 7, 8 and 12
expired on April 30, 2013).
The grantee’s proposed service area
under the ASF would be Hamilton,
Marion, Grundy, Warren, Sequatchie,
Bledsoe, Rhea, Meigs, Bradley, Polk and
McMinn Counties, as described in the
application. If approved, the grantee
would be able to serve sites throughout
the service area based on companies’
needs for FTZ designation. The
proposed service area is within and
adjacent to the Chattanooga Customs
and Border Protection port of entry.
The applicant is requesting authority
to reorganize and expand its existing
zone to remove temporary Site 15 and
to include existing Sites 1, 2, 3, 9, 10
and 11 as ‘‘magnet’’ sites and existing
Sites 13, 14 and 16 as usage-driven sites.
The ASF allows for the possible
exemption of one magnet site from the
‘‘sunset’’ time limits that generally
apply to sites under the ASF, and the
applicant proposes that Site 3 be so
exempted.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is June
2, 2014. Rebuttal comments in response
to material submitted during the
foregoing period may be submitted
during the subsequent 15-day period to
June 16, 2014.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
VerDate Mar<15>2010
16:02 Mar 31, 2014
Jkt 232001
Board’s Web site, which is accessible
via www.trade.gov/ftz. For further
information, contact Kathleen Boyce at
Kathleen.Boyce@trade.gov or at (202)
482–1346.
Dated: March 27, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–07260 Filed 3–31–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
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.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within
five days of placement of the CBP data
on the record of the review.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that the Department
may extend this time if it is reasonable
to do so. In order to provide parties
additional certainty with respect to
when the Department will exercise its
discretion to extend this 90-day
deadline, interested parties are advised
that, with regard to reviews requested
on the basis of anniversary months on
or after April 2014, 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.
18261
The Department is providing this
notice on its Web site, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which the Department intends to
exercise its discretion in the future.
Opportunity To Request A Review:
Not later than the last day of April
2014,1 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
April for the following periods:
Period of review
Antidumping Duty Proceedings
India: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP), A–533–847 ...................................................................................
Russia: Solid Fertilizer-Grade Ammonium Nitrate, A–821–811 ....................................................................................................
The People’s Republic of China:
1-Hydroxyethylidene-1, 1-Diphosphonic Acid, (HEDP), A–570–934 .....................................................................................
Activated Carbon, A–570–904 ...............................................................................................................................................
Drawn Stainless Steel Sinks, A–570–983 ..............................................................................................................................
Frontseating Service Valves, A–570–933 ..............................................................................................................................
Magnesium Metal, A–570–896 ...............................................................................................................................................
Non-Malleable Cast Iron Pipe Fittings, A–570–875 ...............................................................................................................
Steel Threaded Rod, A–570–932 ...........................................................................................................................................
Countervailing Duty Proceedings
The People’s Republic of China: Drawn Stainless Steel Sinks, C–570–984 ...............................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which were produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
VerDate Mar<15>2010
16:02 Mar 31, 2014
Jkt 232001
4/1/13–3/31/14
4/1/13–3/31/14
10/4/12–3/31/14
4/1/13–3/31/14
4/1/13–3/31/14
4/1/13–3/31/14
4/1/13–3/31/14
8/1/6/12–12/31/13
Please note that, for any party the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011) the Department has
clarified its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.2
Further, as explained in Antidumping
Proceedings: Announcement of Change
in Department Practice for Respondent
Selection in Antidumping Duty
Proceedings and Conditional Review of
the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR
65963 (November 4, 2013), the
Department has clarified its practice
with regard to the conditional review of
the non-market economy (NME) entity
in administrative reviews of
antidumping duty orders. The
Department will no longer consider the
NME entity as an exporter conditionally
subject to administrative reviews.
Accordingly, the NME entity will not be
under review unless the Department
specifically receives a request for, or
self-initiates, a review of the NME
entity.3 In administrative reviews of
antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, the Department will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
2 See also the Enforcement and Compliance Web
site at https://trade.gov/enforcement/.
3 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
Suspension Agreements
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
4/1/13–3/31/14
4/1/13–3/31/14
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\01APN1.SGM
01APN1
mstockstill on DSK4VPTVN1PROD with NOTICES
18262
Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity).
Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, the Department will
instruct CBP to liquidate entries for all
exporters not named in the initiation
notice, including those that were
suspended at the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’) on the IA ACCESS Web site
at https://iaaccess.trade.gov. 4 Further, in
accordance with 19 CFR 351.303(f)(l)(i),
a copy of each request must be served
on the petitioner and each exporter or
producer specified in the request.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of April 2014. If the
Department does not receive, by the last
day of April 2014, a request for review
of entries covered by an order, finding,
or suspended investigation listed in this
notice and for the period identified
above, the Department will instruct CBP
to assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
VerDate Mar<15>2010
16:02 Mar 31, 2014
Jkt 232001
Dated: March 10, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–07268 Filed 3–31–14; 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 February anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: April 1, 2014.
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 February
anniversary dates. With respect to the
antidumping duty orders on Certain
Frozen Warmwater Shrimp from India
and Thailand, the intiation of the
antidumping duty administrative review
for these cases will be published in a
separate initiation notice.
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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Register. All submissions must be filed
electronically at https://
iaaccess.trade.gov in accordance with
19 CFR 351.303.1 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
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18260-18262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07268]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
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.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (``the Act''), may request, in
accordance with 19 CFR 351.213, that the Department of Commerce (``the
Department'') conduct an administrative review of that antidumping or
countervailing duty order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by the
Department discussed below refer to the number of calendar days from
the applicable starting date.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, the Department intends
to select respondents based on U.S. Customs and Border Protection
(``CBP'') data for U.S. imports during the period of review. We intend
to release the CBP data under Administrative Protective Order (``APO'')
to all parties having an APO within five days of publication of the
initiation notice and to make our decision regarding respondent
selection within 21 days of publication of the initiation Federal
Register notice. Therefore, we encourage all parties interested in
commenting on respondent selection to submit their APO applications on
the date of publication of the initiation notice, or as soon thereafter
as possible. The Department invites comments regarding the CBP data and
respondent selection within five days of placement of the CBP data on
the record of the review.
In the event the Department decides it is necessary to limit
individual examination of respondents and conduct respondent selection
under section 777A(c)(2) of the Act:
In general, the Department has found that determinations concerning
whether particular companies should be ``collapsed'' (i.e., treated as
a single entity for purposes of calculating antidumping duty rates)
require a substantial amount of detailed information and analysis,
which often require follow-up questions and analysis. Accordingly, the
Department will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at the
respondent selection phase unless there has been a determination to
collapse certain companies in a previous segment of this antidumping
proceeding (i.e., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this review, if the Department determined, or continued to treat, that
company as collapsed with others, the Department will assume that such
companies continue to operate in the same manner and will collapse them
for respondent selection purposes. Otherwise, the Department will not
collapse companies for purposes of respondent selection. Parties are
requested to (a) identify which companies subject to review previously
were collapsed, and (b) provide a citation to the proceeding in which
they were collapsed. Further, if companies are requested to complete
the Quantity and Value Questionnaire for purposes of respondent
selection, in general each company must report volume and value data
separately for itself. Parties should not include data for any other
party, even if they believe they should be treated as a single entity
with that other party. If a company was collapsed with another company
or companies in the most recently completed segment of this proceeding
where the Department considered collapsing that entity, complete
quantity
[[Page 18261]]
and value data for that collapsed entity must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that the Department may extend this time if it is
reasonable to do so. In order to provide parties additional certainty
with respect to when the Department will exercise its discretion to
extend this 90-day deadline, interested parties are advised that, with
regard to reviews requested on the basis of anniversary months on or
after April 2014, the Department does not intend to extend the 90-day
deadline unless the requestor demonstrates that an extraordinary
circumstance has prevented it from submitting a timely withdrawal
request. Determinations by the Department to extend the 90-day deadline
will be made on a case-by-case basis.
The Department is providing this notice on its Web site, as well as
in its ``Opportunity to Request Administrative Review'' notices, so
that interested parties will be aware of the manner in which the
Department intends to exercise its discretion in the future.
Opportunity To Request A Review: Not later than the last day of
April 2014,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in April for the following periods:
---------------------------------------------------------------------------
\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
------------------------------------------------------------------------
Period of review
------------------------------------------------------------------------
Antidumping Duty Proceedings
India: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 4/1/13-3/31/14
(HEDP), A-533-847...................................
Russia: Solid Fertilizer-Grade Ammonium Nitrate, A- 4/1/13-3/31/14
821-811.............................................
The People's Republic of China:
1-Hydroxyethylidene-1, 1-Diphosphonic Acid, 4/1/13-3/31/14
(HEDP), A-570-934...............................
Activated Carbon, A-570-904...................... 4/1/13-3/31/14
Drawn Stainless Steel Sinks, A-570-983........... 10/4/12-3/31/14
Frontseating Service Valves, A-570-933........... 4/1/13-3/31/14
Magnesium Metal, A-570-896....................... 4/1/13-3/31/14
Non-Malleable Cast Iron Pipe Fittings, A-570-875. 4/1/13-3/31/14
Steel Threaded Rod, A-570-932.................... 4/1/13-3/31/14
Countervailing Duty Proceedings
The People's Republic of China: Drawn Stainless Steel 8/1/6/12-12/31/13
Sinks, C-570-984....................................
------------------------------------------------------------------------
Suspension Agreements
None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
were produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Please note that, for any party the Department was unable to locate
in prior segments, the Department will not accept a request for an
administrative review of that party absent new information as to the
party's location. Moreover, if the interested party who files a request
for review is unable to locate the producer or exporter for which it
requested the review, the interested party must provide an explanation
of the attempts it made to locate the producer or exporter at the same
time it files its request for review, in order for the Secretary to
determine if the interested party's attempts were reasonable, pursuant
to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011) the Department has clarified its
practice with respect to the collection of final antidumping duties on
imports of merchandise where intermediate firms are involved. The
public should be aware of this clarification in determining whether to
request an administrative review of merchandise subject to antidumping
findings and orders.\2\
---------------------------------------------------------------------------
\2\ See also the Enforcement and Compliance Web site at https://trade.gov/enforcement/.
---------------------------------------------------------------------------
Further, as explained in Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in Antidumping
Duty Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013),
the Department has clarified its practice with regard to the
conditional review of the non-market economy (NME) entity in
administrative reviews of antidumping duty orders. The Department will
no longer consider the NME entity as an exporter conditionally subject
to administrative reviews. Accordingly, the NME entity will not be
under review unless the Department specifically receives a request for,
or self-initiates, a review of the NME entity.\3\ In administrative
reviews of antidumping duty orders on merchandise from NME countries
where a review of the NME entity has not been initiated, but where an
individual exporter for which a review was initiated does not qualify
for a separate rate, the Department will issue a final decision
indicating that the company in question is part of the NME entity.
However, in that situation, because no
[[Page 18262]]
review of the NME entity was conducted, the NME entity's entries were
not subject to the review and the rate for the NME entity is not
subject to change as a result of that review (although the rate for the
individual exporter may change as a function of the finding that the
exporter is part of the NME entity).
---------------------------------------------------------------------------
\3\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------
Following initiation of an antidumping administrative review when
there is no review requested of the NME entity, the Department will
instruct CBP to liquidate entries for all exporters not named in the
initiation notice, including those that were suspended at the NME
entity rate.
All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``IA ACCESS'') on the IA ACCESS Web site at https://iaaccess.trade.gov. \4\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request.
---------------------------------------------------------------------------
\4\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of April 2014. If the Department does not receive, by
the last day of April 2014, a request for review of entries covered by
an order, finding, or suspended investigation listed in this notice and
for the period identified above, the Department will instruct CBP to
assess antidumping or countervailing duties on those entries at a rate
equal to the cash deposit of (or bond for) estimated antidumping or
countervailing duties required on those entries at the time of entry,
or withdrawal from warehouse, for consumption and to continue to
collect the cash deposit previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: March 10, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-07268 Filed 3-31-14; 8:45 am]
BILLING CODE 3510-DS-P
