Initiation of Antidumping and Countervailing Duty Administrative Reviews, 44390-44393 [2014-18076]
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44390
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, and to a five-year ASF sunset
provision for magnet sites that would
terminate authority for Sites 1 and 2 if
not activated by July 31, 2019, and to a
three-year ASF sunset provision for
usage-driven sites that would terminate
authority for Site 3 if no foreign-status
merchandise is admitted for a bona fide
customs purpose by July 31, 2017.
Signed at Washington, DC, this 17th day of
July 2014.
Paul Piquado
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–18066 Filed 7–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1944]
Reorganization and Expansion of
Foreign-Trade Zone 57; Under
Alternative Site Framework; Charlotte,
North Carolina
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the Charlotte Regional
Partnership, Inc., grantee of ForeignTrade Zone 57, submitted an
application to the Board (FTZ Docket
B–12–2014, docketed 02–07–2014) for
authority to reorganize and expand
under the ASF with a service area
consisting of the Counties of Alexander,
Anson, Caldwell, Cabarrus, Catawba,
Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Polk, Rowan, Rutherford,
Stanly, and Union, within and adjacent
to the Charlotte Customs and Border
Protection port of entry, to combine
Sites 1 and 1a as Site 1 and expand the
site to include 2.769 additional acres, to
remove Sites 2 and 3, to modify Site 7
by removing Parcel 1, and to add a new
site (Site 17). FTZ 57’s modified Sites 1
and 7 would become usage-driven sites
and existing Site 16 and new Site 17
would be categorized as magnet sites;
Whereas, notice inviting public
comment was given in the Federal
Register (79 FR 8434–8435, 02–12–
2014) and the application has been
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processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendation of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 57 under the ASF is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the zone,
to a five-year ASF sunset provision for
magnet sites that would terminate
authority for Site 16 if not activated by
July 31, 2019, and to a three-year ASF
sunset provision for usage-driven sites
that would terminate authority for Sites
1 and 7 if no foreign-status merchandise
is admitted for a bona fide customs
purpose by July 31, 2017.
Signed at Washington, DC, this 17th day of
July 2014.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
[FR Doc. 2014–18065 Filed 7–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with June anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: July 31, 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
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351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with June
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://
iaaccess.trade.gov in accordance with
19 CFR 351.303.1 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. Rebuttal comments will be due
five days after submission of initial
comments.
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
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
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 (‘‘Q&V’’)
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 Q&V data for that collapsed
entity must be submitted.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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.
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Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
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://enforcement.trade.gov/nme/
nme-sep-rate.html 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
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44391
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 2 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,3 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://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the Separate
Rate Status Application, refer to the
instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 60 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate Status
Application applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than June 30, 2015.
2 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.
3 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. 79, No. 147 / Thursday, July 31, 2014 / Notices
Period to be
reviewed
Antidumping Duty Proceedings
Chlorinated Isocyanurates A–570–898 .........................................................................................................................................
Hebei Jiheng Chemical Co., Ltd.
Heze Huayi Chemical Co., Ltd.
Juancheng Kangtai Chemical Co. Ltd.
High Pressure Steel Cylinders A–570–977 ...................................................................................................................................
Beijing Tianhai Industry Co., Ltd.
Polyester Staple Fiber A–570–905 ................................................................................................................................................
Takayasu Industrial (Jiangyin) Co., Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.
Tapered Roller Bearings A–570–601 ............................................................................................................................................
Changshan Peer Bearing Co., Ltd.
GGB Bearing Technology (Suzhou) Co., Ltd.
Guangzhou Longgo Auto Parts Inc.
Ningbo Xinglum Bearings Import & Export Co., Ltd.
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Yantai CMC Bearing Co. Ltd.
Zhaoqing Native Produce Import and Export Co, Ltd. of Guangdong.
Countervailing Duty Proceedings
High Pressure Steel Cylinders C–570–978 ...................................................................................................................................
Beijing Tianhai Industry Co., Ltd.
Suspension Agreements
Administrative Protective Orders and
Letters of Appearance
None
Duty Absorption Reviews
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.
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Gap Period Liquidation
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.
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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 they 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
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6/1/13–5/31/14
6/1/13–5/31/14
6/1/13–5/31/14
6/1/13–5/31/14
1/1/13–12/31/13
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.4 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
4 See
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section 782(b) of the Act.
31JYN1
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
the end of the Interim Final Rule.5 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.6 The Department intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
revised certification requirements.
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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 and
countervailing duty 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
5 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).
6 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.
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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: July 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–18076 Filed 7–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–820]
Ferrosilicon From the Russian
Federation: Final Determination of
Sales at Not Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
ferrosilicon from the Russian Federation
(‘‘Russia’’) is not being, nor is likely to
be, sold in the United States at less than
fair value (‘‘LTFV’’), as provided in
section 735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The final
weighted-average dumping margin is
listed below in the section entitled
‘‘Final Determination.’’
DATES: Effective Date: July 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 11, 2014, the Department
published in the Federal Register the
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44393
preliminary determination of sales at
not LTFV in the antidumping duty
investigation of ferrosilicon from
Russia.1 The following events have
occurred since we issued the
Preliminary Determination. We issued a
supplemental questionnaire to RFA
International LP (‘‘RFAI’’) and received
a response on March 14, 2014. On
March 24, 2014, CC Metals and Alloys,
LLC and Globe Specialty Metals, Inc.2
(together, ‘‘Petitioners’’) filed preverification comments. The Department
conducted the home market cost and
sales verifications from March 24,
through April 8, 2014, and the U.S. sales
verification from April 14, through
April 17, 2014. The Department issued
the cost verification report on April 23,
2014. On April 25, 2014, Petitioners
filed comments regarding the home
market sales verification. Petitioners
also requested a meeting to discuss
those verification comments which we
held on May 30, 2014. The Department
released the home market sales
verification report on May 23, 2014, and
the constructed export price (‘‘CEP’’)
verification report on May 27, 2014. On
the same date, the Department (1)
requested that RFAI submit revised U.S.
sales data based on the CEP verification
corrections, and (2) notified interested
parties of the case and rebuttal brief
schedule. On June 10, 2014, Petitioners
and RFAI filed case briefs. On June 20,
2014, Petitioners and RFAI filed rebuttal
briefs.3 On July 7, 2014, the Department
held closed and public hearings, based
on Petitioners’ timely filed requests.
Period of Investigation
The period of investigation (‘‘POI’’) is
July 1, 2012, through June 30, 2013.
Scope of the Investigation
The merchandise covered by this
investigation is all forms and sizes of
ferrosilicon, regardless of grade,
including ferrosilicon briquettes.
Ferrosilicon is a ferroalloy containing by
weight four percent or more iron, more
1 See Ferrosilicon From the Russian Federation:
Preliminary Determination of Sales at Not Less
Than Fair Value, 79 FR 13620 (March 11, 2014).
2 The original Petitions were filed on behalf of
Globe Specialty Metals, Inc. (‘‘GSM’’), CC Metals
and Alloys, LLC (‘‘CCMA’’), and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union, and the International Union, United
Automobile, Aerospace and Agricultural Implement
Workers of America. However, only GSM and
CCMA filed comments and arguments on behalf of
these parties since before the Preliminary
Determination.
3 On July 3, 2014, Petitioners filed rebuttal briefs
excluding information which we directed
Petitioners to redact from their rebuttal brief dated
June 20, 2014. See Letter to Petitioners dated July
2, 2014, requesting filing of rebuttal brief excluding
redacted information.
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]]>Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44390-44393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18076]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with June anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews.
DATES: Effective Date: July 31, 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:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with June anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (``POR''), it
must notify the Department within 60 days of publication of this notice
in the Federal Register. All submissions must be filed electronically
at https://iaaccess.trade.gov in accordance with 19 CFR 351.303.\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.
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\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select respondents based on U.S. Customs and Border
Protection (``CBP'') data for U.S. imports during the POR. We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO 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. Rebuttal comments will be due five
days after submission of initial comments.
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
[[Page 44391]]
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 (``Q&V'') 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 Q&V 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://enforcement.trade.gov/nme/nme-sep-rate.html 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 \2\ 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,\3\ 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://enforcement.trade.gov/nme/nme-sep-rate.html 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.
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\2\ 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.
\3\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
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For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following antidumping and countervailing
duty orders and findings. We intend to issue the final results of these
reviews not later than June 30, 2015.
[[Page 44392]]
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Period to be
reviewed
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Antidumping Duty Proceedings
Chlorinated Isocyanurates A-570-898.................. 6/1/13-5/31/14
Hebei Jiheng Chemical Co., Ltd.
Heze Huayi Chemical Co., Ltd.
Juancheng Kangtai Chemical Co. Ltd.
High Pressure Steel Cylinders A-570-977.............. 6/1/13-5/31/14
Beijing Tianhai Industry Co., Ltd.
Polyester Staple Fiber A-570-905..................... 6/1/13-5/31/14
Takayasu Industrial (Jiangyin) Co., Ltd.
Zhaoqing Tifo New Fibre Co., Ltd.
Tapered Roller Bearings A-570-601.................... 6/1/13-5/31/14
Changshan Peer Bearing Co., Ltd.
GGB Bearing Technology (Suzhou) Co., Ltd.
Guangzhou Longgo Auto Parts Inc.
Ningbo Xinglum Bearings Import & Export Co., Ltd.
Xinchang Kaiyuan Automotive Bearing Co., Ltd.
Yantai CMC Bearing Co. Ltd.
Zhaoqing Native Produce Import and Export Co,
Ltd. of Guangdong.
Countervailing Duty Proceedings
High Pressure Steel Cylinders C-570-978.............. 1/1/13-12/31/13
Beijing Tianhai Industry Co., Ltd.
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Suspension Agreements
None
Duty Absorption Reviews
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.
Gap Period Liquidation
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.
Administrative Protective Orders and Letters of Appearance
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 they 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.\4\ 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
[[Page 44393]]
the end of the Interim Final Rule.\5\ 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.\6\ The Department intends to
reject factual submissions in any proceeding segments if the submitting
party does not comply with applicable revised certification
requirements.
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\4\ See section 782(b) of the Act.
\5\ 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).
\6\ 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.
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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
and countervailing duty 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: July 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-18076 Filed 7-30-14; 8:45 am]
BILLING CODE 3510-DS-P
