Initiation of Antidumping and Countervailing Duty Administrative Reviews, 45947-45951 [2015-18978]

Download as PDF Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews. Consult the Department’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: July 27, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–18977 Filed 7–31–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 45947 Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for September 2015 The following Sunset Reviews are scheduled for initiation in September 2015 and will appear in that month’s Notice of Initiation of Five-Year Sunset Review (‘‘Sunset Review’’). Department contact Antidumping duty proceedings Chlorinated Isocyanurates from China (A–570–898) (2nd Review) ................................................... Potassium Permanganate from China (A–570–001) (4th Review) ..................................................... Chlorinated Isocyanuraters from Spain (A–469–814) (2nd Review) .................................................. Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in September 2015. mstockstill on DSK4VPTVN1PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in September 2015. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: July 27, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–18974 Filed 7–31–15; 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: August 3, 2015. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Jacqueline Arrowsmith, (202) 482–5255. Matthew Renkey, (202) 482–2312. Jacqueline Arrowsmith, (202) 482–5255. 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 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.1 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; E:\FR\FM\03AUN1.SGM Continued 03AUN1 45948 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘the 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 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. Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 http://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 30 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 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. E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices 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 http://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 30 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 45949 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, 2016. mstockstill on DSK4VPTVN1PROD with NOTICES Period to be reviewed Antidumping Duty Proceedings Japan: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe, A–588–850 (Over 41⁄2 Inches) ....................................... JFE Steel Corporation Nippon Steel & Sumitomo Metal Corporation Nippon Steel Corporation NKK Tubes Sumitomo Metal Industries, Ltd. Japan: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe, A–588–851 (Under 41⁄2 Inches) ..................................... JFE Steel Corporation Nippon Steel & Sumitomo Metal Corporation Nippon Steel Corporation NKK Tubes Sumitomo Metal Industries, Ltd. Kazakhstan: Silicomanganese,4 A–834–807 .............................................................................................................................................. Transnational Co. Kazchrome. Mexico: Prestressed Concrete Steel Rail Tie Wire, A–201–843 ......................................................................................................... Aceros Camesa, S.A. de C.V. The People’s Republic of China: Chlorinated Isocyanurates, A–570–898 ................................................................................................................................. Hebei Jiheng Chemical Co., Ltd. Heze Huayi Chemical Co. Ltd. Juancheng Kangtai Chemical Co. Ltd. The People’s Republic of China:. Furfuryl Alcohol, A–570–835 .................................................................................................................................................. Qingdao WenKem Co., Ltd. The People’s Republic of China: High Pressure Steel Cylinders, A–570–977 ........................................................................................................................... Beijing Tianhai Industry Co., Ltd. The People’s Republic of China: Polyester Staple Fiber, A–570–905 ....................................................................................................................................... Hangzhou Best Chemical Fibre Jiangyin Hailun Chemical Fiber Jiangyin Huahong Chemical Fiber/Hua Hong Fiber USA Jiangyin Jinyin Chemical Fiber Zhejiang Huashun Poly-Fiber The People’s Republic of China: Silicon Metal, A–570–806 ....................................................................................................................................................... Shanghai Jinneng International Trade Co. Ltd. Shanghai Jinfeng Hardware Plastics Co. Ltd. The People’s Republic of China: Tapered Roller Bearings, A–570–601 .................................................................................................................................... Changshan Peer Bearing Co., Ltd. GGB Bearing Technology (Suzhou) Co., Ltd. Haining Nice Flourish Auto Parts Co., Ltd. Roci International (HK) Limited Yantai CMC Bearing Co. Ltd./CMC Bearing Co. Ltd. Turkey: Circular Welded Carbon Steel Pipes and Tubes,5 A–489–501 ............................................................................................. Borusan Ihracat Ithalat ve Dagitim A.S. Cayirova Boru Sanayi ve Ticaret A.S. 3 Only changes to the official company name, rather than trade names, need to be addressed via VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 a Separate Rate Application. Information regarding PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 6/1/14–5/31/15 6/1/14–5/31/15 5/1/14–4/30/15 12/12/13–5/31/15 6/1/14–5/31/15 6/1/14–5/31/15 6/1/14–5/31/15 6/1/14–5/31/15 6/1/14–5/31/15 6/1/14–5/31/15 5/1/14–4/30/15 new trade names may be submitted via a Separate Rate Certification. E:\FR\FM\03AUN1.SGM 03AUN1 45950 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices Period to be reviewed Countervailing Duty Proceedings The People’s Republic of China: High Pressure Steel Cylinders, C–570–978 ............................................................................ Beijing Tianhai Industry Co., Ltd. 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 4 The company name listed above was misspelled in the initiation notice that published on July 1, 2015 (80 FR 37588). The correct spelling of the company is listed. 5 The two company names listed were misspelled in the initiation notice that published on July 1, 2015 (80 FR 37588). The correct spellings of the companies are listed in this notice. VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 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 http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this segment. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 1/1/14–12/31/14 Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information.6 Parties are hereby reminded that revised certification requirements are in effect for company/ government officials as well as their representatives. 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.7 The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in antidumping 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 6 See section 782(b) of the Act. 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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 7 See E:\FR\FM\03AUN1.SGM 03AUN1 45951 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices 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 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 http:// 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 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: July 27, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–18978 Filed 7–31–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–122–854] Supercalendered Paper From Canada: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of supercalendered paper (SC paper) from Canada. The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: August 3, 2015. FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Shane Subler, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1391 and (202) 482–0189, respectively. SUPPLEMENTARY INFORMATION: On March 18, 2015, the Department initiated this countervailing duty (CVD) investigation.1 On April 15, in response to a request from the petitioner, the Coalition for Fair Paper Imports,2 the Department postponed the preliminary determination in the CVD investigation.3 Scope of the Investigation The product covered by this investigation is SC paper. For a complete description of the scope of the investigation, see Appendix 1 to this notice. Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.4 The list of topics discussed in the Preliminary Decision Memorandum is included as Appendix 2 to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 1 See Supercalendered Paper From Canada: Initiation of Countervailing Duty Investigation, 80 FR 15981 (March 26, 2015). 2 The individual member companies of the Coalition for Fair Paper Imports are Madison Paper Industries and Verso Corporation. 3 See Supercalendered Paper From Canada: Postponement of Preliminary Determinations in the Countervailing Duty Investigation, 80 FR 22477 (April 22, 2015). 4 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Supercalendered Paper From Canada,’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. For this preliminary determination, we have relied partially on facts available for Resolute, because the company did not act to the best of its ability when responding to the Department’s request for information. Further, we have drawn an adverse inference in selecting from among the facts otherwise available to calculate the ad valorem rate for Resolute.5 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/exporter of the subject merchandise. Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: Company Subsidy rate (percent) Port Hawkesbury Paper LP (Port Hawkesbury) ............ Resolute FP Canada Inc. (Resolute) .......................... All Others .............................. 20.33 2.04 11.19 In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of SC paper from Canada that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a rate for each company respondent. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, we will determine an ‘‘all others’’ rate equal to the weightedaverage countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘all others’’ rate by weight averaging the rates of Port Hawkesbury and Resolute because doing so risks disclosure of proprietary 5 See E:\FR\FM\03AUN1.SGM sections 776(a) and (b) of the Act. 03AUN1

Agencies

[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45947-45951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18978]


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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: August 3, 2015.

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 30 days of publication of this notice 
in the Federal Register. All submissions must be filed electronically 
at http://access.trade.gov in accordance with 19 CFR 351.303.\1\

[[Page 45948]]

Such submissions are subject to verification in accordance with section 
782(i) of the Tariff Act of 1930, as amended (``the 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 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 http://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 30 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

[[Page 45949]]

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 http://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 30 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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, 2016.

------------------------------------------------------------------------
                                                          Period to be
                                                            reviewed
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
Japan:
    Carbon and Alloy Seamless Standard, Line, and         6/1/14-5/31/15
     Pressure Pipe, A-588-850 (Over 4\1/2\ Inches)...
    JFE Steel Corporation
    Nippon Steel & Sumitomo Metal Corporation
    Nippon Steel Corporation
    NKK Tubes
    Sumitomo Metal Industries, Ltd.
Japan:
    Carbon and Alloy Seamless Standard, Line, and         6/1/14-5/31/15
     Pressure Pipe, A-588-851 (Under 4\1/2\ Inches)..
    JFE Steel Corporation
    Nippon Steel & Sumitomo Metal Corporation
    Nippon Steel Corporation
    NKK Tubes
    Sumitomo Metal Industries, Ltd.
Kazakhstan:
    Silicomanganese,\4\ A-834-807....................     5/1/14-4/30/15
    Transnational Co. Kazchrome.
Mexico:
    Prestressed Concrete Steel Rail Tie Wire, A-201-    12/12/13-5/31/15
     843.............................................
    Aceros Camesa, S.A. de C.V.
The People's Republic of China:
    Chlorinated Isocyanurates, A-570-898.............     6/1/14-5/31/15
    Hebei Jiheng Chemical Co., Ltd.
    Heze Huayi Chemical Co. Ltd.
    Juancheng Kangtai Chemical Co. Ltd.
The People's Republic of China:......................
    Furfuryl Alcohol, A-570-835......................     6/1/14-5/31/15
    Qingdao WenKem Co., Ltd.
The People's Republic of China:
    High Pressure Steel Cylinders, A-570-977.........     6/1/14-5/31/15
    Beijing Tianhai Industry Co., Ltd.
The People's Republic of China:
    Polyester Staple Fiber, A-570-905................     6/1/14-5/31/15
    Hangzhou Best Chemical Fibre
    Jiangyin Hailun Chemical Fiber
    Jiangyin Huahong Chemical Fiber/Hua Hong Fiber
     USA
    Jiangyin Jinyin Chemical Fiber
    Zhejiang Huashun Poly-Fiber
The People's Republic of China:
    Silicon Metal, A-570-806.........................     6/1/14-5/31/15
    Shanghai Jinneng International Trade Co. Ltd.
    Shanghai Jinfeng Hardware Plastics Co. Ltd.
The People's Republic of China:
    Tapered Roller Bearings, A-570-601...............     6/1/14-5/31/15
    Changshan Peer Bearing Co., Ltd.
    GGB Bearing Technology (Suzhou) Co., Ltd.
    Haining Nice Flourish Auto Parts Co., Ltd.
    Roci International (HK) Limited
    Yantai CMC Bearing Co. Ltd./CMC Bearing Co. Ltd.
Turkey:
    Circular Welded Carbon Steel Pipes and Tubes,\5\      5/1/14-4/30/15
     A-489-501.......................................
    Borusan Ihracat Ithalat ve Dagitim A.S.
    Cayirova Boru Sanayi ve Ticaret A.S.
 

[[Page 45950]]

 
           Countervailing Duty Proceedings
 
The People's Republic of China: High Pressure Steel      1/1/14-12/31/14
 Cylinders, C-570-978................................
    Beijing Tianhai Industry Co., Ltd.
 
                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.
---------------------------------------------------------------------------

    \4\ The company name listed above was misspelled in the 
initiation notice that published on July 1, 2015 (80 FR 37588). The 
correct spelling of the company is listed.
    \5\ The two company names listed were misspelled in the 
initiation notice that published on July 1, 2015 (80 FR 37588). The 
correct spellings of the companies are listed in this notice.
---------------------------------------------------------------------------

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 http://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.\6\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives. 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.\7\ The Department 
intends to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \6\ See section 782(b) of the Act.
    \7\ 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 http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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

[[Page 45951]]

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 http://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 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: July 27, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-18978 Filed 7-31-15; 8:45 am]
BILLING CODE 3510-DS-P