Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 11161-11163 [2015-04275]
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
will calculate importer-specific per-unit
duty assessment rates. We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review where the actual or estimated ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
assessment rate is zero or de minimis.9
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
PET Film from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the company
under review will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis,
i.e., less than 0.5 percent, then the cash
deposit rate will be zero); (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period for that company; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established in the
completed segment for the most recent
period for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any other completed
segment of this proceeding, then the
cash deposit rate will be the all others
rate for this proceeding, 5.71 percent.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notifications to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction 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
with the regulations and terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results of
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: February 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
I. Summary
II. Background
Scope of the Order
III. Discussion of the Issues
Comment 1: Quantity Discount Adjustment
Comment 2: Consideration of an
Alternative Comparison Method in
Administrative Reviews
Comment 3: Differential Pricing Analysis
[FR Doc. 2015–04273 Filed 2–27–15; 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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers
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 Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Enforcement and Compliance,
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
9 See
19 CFR 351.106(c)(1).
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AGENCY:
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
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11161
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 finds 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
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests 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 March 2015, the Department
does not intend to extend the 90-day
deadline unless the requestor
demonstrates that an extraordinary
circumstance 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 March 2015,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
March for the following periods:
Period of review
Antidumping Duty Proceedings
Canada: Iron Construction Castings, A–122–503 .........................................................................................................................
France: Brass Sheet & Strip, A–427–602 .....................................................................................................................................
Germany: Brass Sheet & Strip, A–428–602 .................................................................................................................................
India: Sulfanilic Acid, A–533–806 ..................................................................................................................................................
Italy: Brass Sheet & Strip, A–475–601 ..........................................................................................................................................
Russia: Silicon Metal, A–821–817 .................................................................................................................................................
Spain: Stainless Steel Bar, A–469–805 ........................................................................................................................................
Taiwan: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ...............................................................
Thailand: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ......................................................................................
The People’s Republic of China:
Chloropicrin, A–570–002 ........................................................................................................................................................
Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 .........................................................................................
Glycine, A–570–836 ...............................................................................................................................................................
Sodium Hexametaphosphate, A–570–908 .............................................................................................................................
Tissue Paper Products, A–570–894 ......................................................................................................................................
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
3/1/14–2/28/15
1/1/14–12/31/14
1/1/14–12/31/14
1/1/14–12/31/14
1/1/14–12/31/14
Suspension Agreements
Mexico: Fresh Tomatoes, A–201–820 ..........................................................................................................................................
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Countervailing Duty Proceedings
India: Sulfanilic Acid, C–533–807 ..................................................................................................................................................
Iran: In-Shell Pistachio Nuts, C–507–501 .....................................................................................................................................
The People’s Republic of China: Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ..........................................
Turkey: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ........................................................................................
3/1/14–2/28/15
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 was 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.
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
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices
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
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 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 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
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
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
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 (‘‘ACCESS’’)
on Enforcement and Compliance’s
ACCESS Web site at https://
access.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 March 2015. If the
Department does not receive, by the last
day of March 2015, 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: February 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–04275 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–DS–P
2 See
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4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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11163
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip from India: Final
Results of Countervailing Duty
Administrative Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2014, the
Department published the preliminary
results of the administrative review of
the countervailing duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India.1 The
period of review (POR) is January 1,
2012, through December 31, 2012. Based
on an analysis of the comments
received, the Department has made
changes to the subsidy rate determined
for Jindal Poly Films Limited (Jindal)
and SRF Limited (SRF). The final
subsidy rates are listed in the ‘‘Final
Results of Administrative Review’’
section below.
DATES: Effective Date: March 2, 2015.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, AD/CVD Operations, Office VII,
Enforcement and Compliance, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0197.
AGENCY:
Scope of the Order
The products covered are all gauges of
raw, pretreated, or primed polyethylene
terephthalate film, sheet and strip,
whether extruded or coextruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
The issues raised by Jindal and SRF
in their case briefs are addressed in the
Issues and Decision Memorandum.2 The
1 See Polyethylene Terephthalate Film, Sheet and
Strip From India: Preliminary Results And Partial
Rescission of Countervailing Duty Administrative
Review; 2012, 79 FR 50616 (August 25, 2014)
(Preliminary Results 2012).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11161-11163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04275]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Enforcement and Compliance, 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 finds 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
[[Page 11162]]
will assume that such companies continue to operate in the same manner
and will collapse them for respondent selection purposes. Otherwise,
the Department will not collapse companies for purposes of respondent
selection. Parties are requested to (a) identify which companies
subject to review previously were collapsed, and (b) provide a citation
to the proceeding in which they were collapsed. Further, if companies
are requested to complete the Quantity and Value Questionnaire for
purposes of respondent selection, in general each company must report
volume and value data separately for itself. Parties should not include
data for any other party, even if they believe they should be treated
as a single entity with that other party. If a company was collapsed
with another company or companies in the most recently completed
segment of this proceeding where the Department considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests 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 March
2015, the Department does not intend to extend the 90-day deadline
unless the requestor demonstrates that an extraordinary circumstance
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
March 2015,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in March 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
Canada: Iron Construction Castings, A-122-503........ 3/1/14-2/28/15
France: Brass Sheet & Strip, A-427-602............... 3/1/14-2/28/15
Germany: Brass Sheet & Strip, A-428-602.............. 3/1/14-2/28/15
India: Sulfanilic Acid, A-533-806.................... 3/1/14-2/28/15
Italy: Brass Sheet & Strip, A-475-601................ 3/1/14-2/28/15
Russia: Silicon Metal, A-821-817..................... 3/1/14-2/28/15
Spain: Stainless Steel Bar, A-469-805................ 3/1/14-2/28/15
Taiwan: Light-Walled Rectangular Welded Carbon Steel 3/1/14-2/28/15
Pipe and Tube, A-583-803............................
Thailand: Circular Welded Carbon Steel Pipes and 3/1/14-2/28/15
Tubes, A-549-502....................................
The People's Republic of China:
Chloropicrin, A-570-002.......................... 3/1/14-2/28/15
Circular Welded Austenitic Stainless Pressure 3/1/14-2/28/15
Pipe, A-570-930.................................
Glycine, A-570-836............................... 3/1/14-2/28/15
Sodium Hexametaphosphate, A-570-908.............. 3/1/14-2/28/15
Tissue Paper Products, A-570-894................. 3/1/14-2/28/15
Countervailing Duty Proceedings
India: Sulfanilic Acid, C-533-807.................... 1/1/14-12/31/14
Iran: In-Shell Pistachio Nuts, C-507-501............. 1/1/14-12/31/14
The People's Republic of China: Circular Welded 1/1/14-12/31/14
Austenitic Stainless Pressure Pipe, C-570-931.......
Turkey: Circular Welded Carbon Steel Pipes and Tubes, 1/1/14-12/31/14
C-489-502...........................................
Suspension Agreements
Mexico: Fresh Tomatoes, A-201-820.................... 3/1/14-2/28/15
------------------------------------------------------------------------
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
was 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.
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
[[Page 11163]]
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 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\
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\2\ See also the Enforcement and Compliance Web site at https://trade.gov/enforcement/.
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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 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 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).
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\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.
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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 (``ACCESS'') on Enforcement and Compliance's ACCESS Web
site at https://access.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.
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\4\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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 March 2015. If the Department does not receive, by
the last day of March 2015, 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: February 23, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015-04275 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P
