Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 16163-16165 [2017-06491]

Download as PDF Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices Commerce, Enforcement and Compliance, Room 3720, 1401 Constitution Avenue NW., Washington, DC and reference ‘‘Inquiry Into the Status of the People’s Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws, ITA–2017– 0002’’ in the subject line. Instructions: You must submit comments by one of the above methods to ensure that the comments are received and considered. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments and information received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. Any comments and information must be in English or be accompanied by English translations to be considered. The Department will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ITA-2017-0002. FOR FURTHER INFORMATION CONTACT: Albert Hsu at (202) 482–4491 or Daniel Calhoun at (202) 482–1439. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES Background Section 771(18)(A) of the Act defines the term ‘‘nonmarket economy country’’ as any foreign country determined by the Department not to ‘‘operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise.’’ The Department has treated the PRC as an NME country in all past antidumping duty investigations and administrative reviews. See, e.g., Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2012–2013, 79 FR 71089 (December 1, 2014), unchanged in Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 80 VerDate Sep<11>2014 18:32 Mar 31, 2017 Jkt 241001 FR 32087 (June 5, 2015); Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products From the People’s Republic of China, 71 FR 53079 (September 8, 2006); Final Determination of Sales at Less than Fair Value: Certain Paper Clips from the People’s Republic of China, 59 FR 51168 (October 7, 1994). The Department last reviewed the PRC’s NME status in 2006 and determined to continue to treat the PRC as an NME country. See Memorandum for David M. Spooner, Assistant Secretary for Import Administration, ‘‘Antidumping Duty Investigation of Certain Lined Paper Products from the People’s Republic of China (‘China’)—China’s Status as a Non-Market Economy (‘NME’)’’ (August 30, 2006) (2006 PRC NME Determination), available at http:// enforcement.trade.gov/download/prcnme-status/prc-lined-paper-memo08302006.pdf. Initiation of Inquiry As part of the less-than-fair-value investigation of certain aluminum foil from the People’s Republic of China,1 and pursuant to its authority under section 771(18)(C)(ii) of the Act, which states that the Department may make a determination with respect to a country’s NME status ‘‘at any time,’’ the Department is initiating an inquiry into the PRC’s status as an NME country. The Department intends to issue its final determination regarding this review of the PRC’s NME status prior to the issuance of the Department’s preliminary determination in this investigation.2 The Department is conducting this inquiry to solicit and collect the most recent information following the December 11, 2016, change in the PRC’s Protocol of Accession to the World Trade Organization. This inquiry is being conducted solely pursuant to section 771(18) of the Act. Until such time that the Department’s determination of the PRC as an NME country may be revoked as set forth in section 771(18)(C)(i) of the Act, the PRC remains a nonmarket economy under the antidumping and countervailing duty laws. 1 See Certain Aluminum Foil from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, signed March 28, 2017. 2 Once the Department issues its final determination regarding this inquiry into the PRC’s status as an NME country, the Department will consider whether to seek additional information from interested parties to the investigation for purposes of calculating normal value. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 16163 Opportunity for Public Comment and Information As part of this inquiry to review the PRC’s NME status, the Department is interested in receiving public comment and information with respect to the PRC on the following factors enumerated by section 771(18)(B) of the Act, which the Department must take into account in making a market/nonmarket economy determination: (i) The extent to which the currency of the foreign country is convertible into the currency of other countries; (ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management; (iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country; (iv) the extent of government ownership or control of the means of production; (v) the extent of government control over allocation of resources and over price and output decisions of enterprises; and (vi) such other factors as the administering authority considers appropriate. As specified above, to be assured of consideration, any comments and information must be received no later than May 3, 2017. This notice is issued and published pursuant to section 771(18)(C)(ii) of the Act. Dated: March 29, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–06535 Filed 3–31–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\03APN1.SGM 03APN1 16164 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (‘‘the Act’’), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (‘‘the Department’’) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department finds that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of a 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 a 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 a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after April 2017, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. The Department is providing this notice on its Web site, as well as in its ‘‘Opportunity to Request Administrative Review’’ notices, so that interested parties will be aware of the manner in which the Department intends to exercise its discretion in the future. Opportunity To Request A Review: Not later than the last day of April 2017,1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in April for the following periods: Period of review mstockstill on DSK3G9T082PROD with NOTICES Antidumping Duty Proceedings THE PEOPLE’S REPUBLIC OF CHINA: Activated Carbon, A–570–904 ......................................................................................................................................... Drawn Stainless Sinks, A–570–983 ................................................................................................................................. Magnesium Metal, A–570–896 ......................................................................................................................................... Non-Malleable Cast Iron Pipe Fittings, A–570–875 ......................................................................................................... Steel Threaded Rod, A–570–932 ..................................................................................................................................... 4/1/16–3/31/17 4/1/16–3/31/17 4/1/16–3/31/17 4/1/16–3/31/17 4/1/16–3/31/17 Countervailing Duty Proceedings THE PEOPLE’S REPUBLIC OF CHINA: Drawn Stainless Sinks C–570–984 ....................................................................... 1/1/16–12/31/16 Suspension Agreements None. 1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. VerDate Sep<11>2014 18:32 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.2 The Department no longer considers the non-market economy (NME) entity 2 See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. VerDate Sep<11>2014 18:32 Mar 31, 2017 Jkt 241001 as an exporter conditionally subject to an antidumping duty administrative reviews.3 Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.4 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’) on Enforcement and Compliance’s ACCESS Web site at http:// access.trade.gov.5 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of April 2017. If the Department does not receive, by the last day of April 2017, a request for review 3 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 4 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16165 of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: March 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–06491 Filed 3–31–17; 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: 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 May 2017 The following Sunset Reviews are scheduled for initiation in April 2017 and will appear in that month’s Notice E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16163-16165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06491]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD 
Operations, Customs Liaison Unit, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
4735.

SUPPLEMENTARY INFORMATION:

[[Page 16164]]

Background

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Tariff Act of 1930, as amended (``the Act''), may request, in 
accordance with 19 CFR 351.213, that the Department of Commerce (``the 
Department'') conduct an administrative review of that antidumping or 
countervailing duty order, finding, or suspended investigation.
    All deadlines for the submission of comments or actions by the 
Department discussed below refer to the number of calendar days from 
the applicable starting date.

Respondent Selection

    In the event the Department limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, the Department intends 
to select respondents based on U.S. Customs and Border Protection 
(``CBP'') data for U.S. imports during the period of review. We intend 
to release the CBP data under Administrative Protective Order (``APO'') 
to all parties having an APO within five days of publication of the 
initiation notice and to make our decision regarding respondent 
selection within 21 days of publication of the initiation Federal 
Register notice. Therefore, we encourage all parties interested in 
commenting on respondent selection to submit their APO applications on 
the date of publication of the initiation notice, or as soon thereafter 
as possible. The Department invites comments regarding the CBP data and 
respondent selection within five days of placement of the CBP data on 
the record of the review.
    In the event the Department decides it is necessary to limit 
individual examination of respondents and conduct respondent selection 
under section 777A(c)(2) of the Act:
    In general, the Department finds that determinations concerning 
whether particular companies should be ``collapsed'' (i.e., treated as 
a single entity for purposes of calculating antidumping duty rates) 
require a substantial amount of detailed information and analysis, 
which often require follow-up questions and analysis. Accordingly, the 
Department will not conduct collapsing analyses at the respondent 
selection phase of a 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 a 
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 a 
Quantity and Value Questionnaire for purposes of respondent selection, 
in general each company must report volume and value data separately 
for itself. Parties should not include data for any other party, even 
if they believe they should be treated as a single entity with that 
other party. If a company was collapsed with another company or 
companies in the most recently completed segment of a proceeding where 
the Department considered collapsing that entity, complete quantity and 
value data for that collapsed entity must be submitted.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that requests a review 
may withdraw that request within 90 days of the date of publication of 
the notice of initiation of the requested review. The regulation 
provides that the Department may extend this time if it is reasonable 
to do so. In order to provide parties additional certainty with respect 
to when the Department will exercise its discretion to extend this 90-
day deadline, interested parties are advised that, with regard to 
reviews requested on the basis of anniversary months on or after April 
2017, the Department does not intend to extend the 90-day deadline 
unless the requestor demonstrates that an extraordinary circumstance 
prevented it from submitting a timely withdrawal request. 
Determinations by the Department to extend the 90-day deadline will be 
made on a case-by-case basis.
    The Department is providing this notice on its Web site, as well as 
in its ``Opportunity to Request Administrative Review'' notices, so 
that interested parties will be aware of the manner in which the 
Department intends to exercise its discretion in the future.
    Opportunity To Request A Review: Not later than the last day of 
April 2017,\1\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in April for the following periods:
---------------------------------------------------------------------------

    \1\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed.

------------------------------------------------------------------------
                                                      Period of review
------------------------------------------------------------------------
           Antidumping Duty Proceedings
 
THE PEOPLE'S REPUBLIC OF CHINA:
    Activated Carbon, A-570-904...................        4/1/16-3/31/17
    Drawn Stainless Sinks, A-570-983..............        4/1/16-3/31/17
    Magnesium Metal, A-570-896....................        4/1/16-3/31/17
    Non-Malleable Cast Iron Pipe Fittings, A-570-         4/1/16-3/31/17
     875..........................................
    Steel Threaded Rod, A-570-932.................        4/1/16-3/31/17
 
          Countervailing Duty Proceedings
 
THE PEOPLE'S REPUBLIC OF CHINA: Drawn Stainless          1/1/16-12/31/16
 Sinks C-570-984..................................
 
               Suspension Agreements
 
None.
------------------------------------------------------------------------


[[Page 16165]]

    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. If the interested party intends for the 
Secretary to review sales of merchandise by an exporter (or a producer 
if that producer also exports merchandise from other suppliers) which 
was produced in more than one country of origin and each country of 
origin is subject to a separate order, then the interested party must 
state specifically, on an order-by-order basis, which exporter(s) the 
request is intended to cover.
    Note that, for any party the Department was unable to locate in 
prior segments, the Department will not accept a request for an 
administrative review of that party absent new information as to the 
party's location. Moreover, if the interested party who files a request 
for review is unable to locate the producer or exporter for which it 
requested the review, the interested party must provide an explanation 
of the attempts it made to locate the producer or exporter at the same 
time it files its request for review, in order for the Secretary to 
determine if the interested party's attempts were reasonable, pursuant 
to 19 CFR 351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), the Department clarified its 
practice with respect to the collection of final antidumping duties on 
imports of merchandise where intermediate firms are involved. The 
public should be aware of this clarification in determining whether to 
request an administrative review of merchandise subject to antidumping 
findings and orders.\2\
---------------------------------------------------------------------------

    \2\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.
---------------------------------------------------------------------------

    The Department no longer considers the non-market economy (NME) 
entity as an exporter conditionally subject to an antidumping duty 
administrative reviews.\3\ Accordingly, the NME entity will not be 
under review unless the Department specifically receives a request for, 
or self-initiates, a review of the NME entity.\4\ In administrative 
reviews of antidumping duty orders on merchandise from NME countries 
where a review of the NME entity has not been initiated, but where an 
individual exporter for which a review was initiated does not qualify 
for a separate rate, the Department will issue a final decision 
indicating that the company in question is part of the NME entity. 
However, in that situation, because no review of the NME entity was 
conducted, the NME entity's entries were not subject to the review and 
the rate for the NME entity is not subject to change as a result of 
that review (although the rate for the individual exporter may change 
as a function of the finding that the exporter is part of the NME 
entity).
---------------------------------------------------------------------------

    \3\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \4\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

    Following initiation of an antidumping administrative review when 
there is no review requested of the NME entity, the Department will 
instruct CBP to liquidate entries for all exporters not named in the 
initiation notice, including those that were suspended at the NME 
entity rate.
    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web 
site at http://access.trade.gov.\5\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request.
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    The Department will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of April 2017. If the Department does not receive, by 
the last day of April 2017, a request for review of entries covered by 
an order, finding, or suspended investigation listed in this notice and 
for the period identified above, the Department will instruct CBP to 
assess antidumping or countervailing duties on those entries at a rate 
equal to the cash deposit of (or bond for) estimated antidumping or 
countervailing duties required on those entries at the time of entry, 
or withdrawal from warehouse, for consumption and to continue to 
collect the cash deposit previously ordered.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-06491 Filed 3-31-17; 8:45 am]
 BILLING CODE 3510-DS-P