Initiation of Antidumping and Countervailing Duty Administrative Reviews, 45947-45951 [2015-18978]
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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
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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
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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 https://access.trade.gov
in accordance with 19 CFR 351.303.1
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
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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).
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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
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Than Fair Value: Sparklers from the
People’s Republic of China, 56 FR 20588
(May 6, 1991), as amplified by Final
Determination of Sales at Less Than
Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585
(May 2, 1994). In accordance with the
separate rates criteria, the Department
assigns separate rates to companies in
NME cases only if respondents can
demonstrate the absence of both de jure
and de facto government control over
export activities.
All firms listed below that wish to
qualify for separate rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate rate
eligibility, the Department requires
entities for whom a review was
requested, that were assigned a separate
rate in the most recent segment of this
proceeding in which they participated,
to certify that they continue to meet the
criteria for obtaining a separate rate. The
Separate Rate Certification form will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to the Department
no later than 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.
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their official company name,3 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Status Application will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the Separate
Rate Status Application, refer to the
instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 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.
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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
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a Separate Rate Application. Information regarding
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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.
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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.
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Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
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.
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notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
letters of appearance as discussed at 19
CFR 351.103(d)).
Revised Factual Information
Requirements
On April 10, 2013, the Department
published Definition of Factual
Information and Time Limits for
Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10,
2013), which modified two regulations
related to antidumping and
countervailing duty proceedings: The
definition of factual information (19
CFR 351.102(b)(21)), and the time limits
for the submission of factual
information (19 CFR 351.301). The final
rule identifies five categories of factual
information in 19 CFR 351.102(b)(21),
which are summarized as follows: (i)
Evidence submitted in response to
questionnaires; (ii) evidence submitted
in support of allegations; (iii) publicly
available information to value factors
under 19 CFR 351.408(c) or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all segments initiated on
or after May 10, 2013. Please review the
final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
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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 https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
7 See
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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 https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 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 https://
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 https://
enforcement.trade.gov/frn/.
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AGENCY:
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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]
-----------------------------------------------------------------------
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 https://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.
---------------------------------------------------------------------------
\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal
Register notice. In responding to the certification, please follow the
``Instructions for Filing the Certification'' in the Separate Rate
Certification. Separate Rate Certifications are due to the Department
no later than 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 https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice.
In responding to the Separate Rate Status Application, refer to the
instructions contained in the application. Separate Rate Status
Applications are due to the Department no later than 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 https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information.\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 https://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 https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these segments.
These initiations and this notice are in accordance with section
751(a) of the Act (19 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
