Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 20315-20318 [2017-08730]

Download as PDF Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’), can be found at 19 CFR 351.303.1 This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.2 Parties are hereby reminded that revised certification requirements are in effect for company/ government officials as well as their representatives in these segments.3 The formats for the revised certifications are provided at the end of the Final Rule. The Department intends to reject factual submissions if the submitting party does not comply with the revised certification requirements. On April 10, 2013, the Department modified two regulations related to AD/ CVD 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).4 Parties are advised to review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http:// enforcement.trade.gov/frn/2013/ 1309frn/2013-22853.txt, prior to submitting factual information in these segments.5 Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year srobinson on DSK5SPTVN1PROD with NOTICES 1 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 2 See section 782(b) of the Act. 3 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’) (amending 19 CFR 351.303(g)). 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). VerDate Sep<11>2014 20:35 Apr 28, 2017 Jkt 241001 reviews must file letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (‘‘APO’’) to file an APO application immediately following publication in the Federal Register of this notice of initiation. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the order without further review.6 If we receive an order-specific notice of intent to participate from a domestic interested party, the Department’s 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 6 See PO 00000 19 CFR 351.218(d)(1)(iii). Frm 00003 Fmt 4703 Sfmt 4703 20315 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: April 24, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–08731 Filed 4–28–17; 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. AGENCY: 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 E:\FR\FM\01MYN1.SGM 01MYN1 20316 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices 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 May 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 May 2017,1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in May for the following periods: srobinson on DSK5SPTVN1PROD with NOTICES Period of review Antidumping Duty Proceedings: BELGIUM: Stainless Steel Plate in Coil A–423–808 ................................................................................................... BRAZIL: Iron Construction Castings A–351–503 ......................................................................................................... CANADA: Citric Acid and Citrate Salt A–122–853 ...................................................................................................... CANADA: Polyethylene Terephthalate Resin A–122–855 ........................................................................................... INDIA: Polyethylene Terephthalate Resin A–533–861 ................................................................................................ INDIA: Silicomanganese A–533–823 ........................................................................................................................... INDIA: Welded Carbon Steel Pipe and Tube A–533–502 ........................................................................................... INDONESIA: Polyethylene Retail Carrier Bags A–560–822 ........................................................................................ JAPAN: Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products A–588–869 .................................................... JAPAN: Gray Portland Cement and Cement Clinker A–588–815 ............................................................................... KAZAKHSTAN: Silicomanganese A–834–807 ............................................................................................................. OMAN: Polyethylene Terephthalate Resin A–523–810 ............................................................................................... REPUBLIC OF KOREA: Polyester Staple Fiber A–580–839 ...................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Polyethylene Retail Carrier Bags A–552–806 .............................................. SOUTH AFRICA: Stainless Steel Plate in Coils A–791–805 ...................................................................................... TAIWAN: Certain Circular Welded Carbon Steel Pipes and Tubes A–583–008 ........................................................ TAIWAN: Polyester Staple Fiber A–583–833 .............................................................................................................. TAIWAN: Polyethylene Retail Carrier Bags A–583–843 ............................................................................................. TAIWAN: Stainless Steel Plate in Coils A–583–830 ................................................................................................... TAIWAN: Stilbenic Optical Brightening Agents A–583–848 ........................................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions A–570–967 .............................................................. THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Carbon Quality Steel Line Pipe A–570–935 ................... THE PEOPLE’S REPUBLIC OF CHINA: Citric Acid and Citrate Salt A–570–937 ..................................................... THE PEOPLE’S REPUBLIC OF CHINA: Iron Construction Castings A–570–502 ..................................................... THE PEOPLE’S REPUBLIC OF CHINA: Oil Country Tubular Goods A–570–943 ..................................................... THE PEOPLE’S REPUBLIC OF CHINA: Polyethylene Terephthalate Resin A–570–024 .......................................... 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 20:35 Apr 28, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\01MYN1.SGM 01MYN1 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 10/15/15–4/30/17 10/15/15–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 10/15/15–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 10/15/15–4/30/17 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices 20317 Period of review srobinson on DSK5SPTVN1PROD with NOTICES THE PEOPLE’S REPUBLIC OF CHINA: Pure Magnesium A–570–832 ..................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Stilbenic Optical Brightening Agents A–570–972 ...................................... TURKEY: Circular Welded Carbon Steel Pipes and Tubes A–489–501 ..................................................................... TURKEY: Light-Walled Rectangular Pipe and Tube A–489–815 ................................................................................ UNITED ARAB EMIRATES: Steel Nails A–520–804 ................................................................................................... VENEZUELA: Silicomanganese A–307–820 ............................................................................................................... Countervailing Duty Proceedings: BRAZIL: Iron Construction Castings C–351–504 ........................................................................................................ INDIA: Polyethylene Terephthalate Resin C–533–862 ................................................................................................ SOCIALIST REPUBLIC OF VIETNAM: Polyethylene Retail Carrier Bags C–552–805 .............................................. SOUTH AFRICA: Stainless Steel Plate in Coils C–791–806 ...................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions C–570–968 .............................................................. THE PEOPLE’S REPUBLIC OF CHINA: Citric Acid and Citrate Salt C–570–938 ..................................................... THE PEOPLE’S REPUBLIC OF CHINA: Polyethylene Terephthalate Resin C–570–025 .......................................... Suspension Agreements: None. 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 VerDate Sep<11>2014 20:35 Apr 28, 2017 Jkt 241001 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 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 2 See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/. 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 5/1/16–4/30/17 1/1/16–12/31/16 8/14/15–12/31/16 1/1/16–12/31/16 1/1/16–12/31/16 1/1/16–12/31/16 1/1/16–12/31/16 8/14/15–12/31/16 (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 May 2017. If the Department does not receive, by the last day of May 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. 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\01MYN1.SGM 01MYN1 20318 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices 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: April 25, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–08730 Filed 4–28–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–835] Furfuryl Alcohol From the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (‘‘Department’’) finds that revocation of the antidumping duty (‘‘AD’’) order on furfuryl alcohol from the People’s Republic of China (‘‘PRC’’) would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective May 1, 2017. FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5139. SUPPLEMENTARY INFORMATION: srobinson on DSK5SPTVN1PROD with NOTICES AGENCY: Background On January 3, 2017, the Department published the notice of initiation of the fourth sunset review of the Order,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 On January 21, 2017, Penn A Kem, LLC (‘‘PennAKem’’), a domestic interested party (formerly known as Penn 1 See Notice of Antidumping Duty Order: Furfuryl Alcohol From the People’s Republic of China (PRC), 60 FR 32302 (June 21, 1995) (‘‘Order’’). 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 82 FR 84 (January 3, 2017) (‘‘Notice of Initiation’’). VerDate Sep<11>2014 20:35 Apr 28, 2017 Jkt 241001 Specialty Chemicals, Inc. and Great Lakes Chemical, the former a petitioner in the underlying investigation), timely notified the Department of its intent to participate within the deadline specified in 19 CFR 351.218(d)(1)(i). On February 1, 2017, the Department received a complete substantive response from PennAKem within the 30-day period specified in 19 CFR 351.218(d)(3)(i).3 The Department received no substantive responses from respondent interested parties. Based on the notice of intent to participate and adequate response filed by PennAKem, and the lack of response from any respondent interested party, the Department conducted an expedited sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Order The merchandise covered by this order is furfuryl alcohol (C4H3OCH2OH). Furfuryl alcohol is a primary alcohol, and is colorless or pale yellow in appearance. It is used in the manufacture of resins and as a wetting agent and solvent for coating resins, nitrocellulose, cellulose acetate, and other soluble dyes. The product subject to this order is classifiable under subheading 2932.13.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.4 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and 3 See Submission from PennAKem to the Department, ‘‘Fourth Sunset Review of the Antidumping Duty Order on Furfuryl Alcohol from the People’s Republic of China; Domestic Interested Party Substantive Response to the Notice of Initiation’’ (‘‘Substantive Response’’), dated February 1, 2017. 4 See the Department’s memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order on Furfuryl Alcohol from the People’s Republic of China,’’ dated concurrently with this notice. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of the Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the antidumping duty order on furfuryl alcohol from the PRC would be likely to lead to a continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage margins up to 50.43 percent. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: April 25, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–08732 Filed 4–28–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Advisory Committee for the Sustained National Climate Assessment Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public meeting. AGENCY: E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Notices]
[Pages 20315-20318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08730]


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

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.

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

[[Page 20316]]

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 May 
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 May 
2017,\1\ interested parties may request administrative review of the 
following orders, findings, or suspended investigations, with 
anniversary dates in May 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:
    BELGIUM: Stainless Steel Plate in Coil A-             5/1/16-4/30/17
     423-808...................................
    BRAZIL: Iron Construction Castings A-351-             5/1/16-4/30/17
     503.......................................
    CANADA: Citric Acid and Citrate Salt A-122-           5/1/16-4/30/17
     853.......................................
    CANADA: Polyethylene Terephthalate Resin A-         10/15/15-4/30/17
     122-855...................................
    INDIA: Polyethylene Terephthalate Resin A-          10/15/15-4/30/17
     533-861...................................
    INDIA: Silicomanganese A-533-823...........           5/1/16-4/30/17
    INDIA: Welded Carbon Steel Pipe and Tube A-           5/1/16-4/30/17
     533-502...................................
    INDONESIA: Polyethylene Retail Carrier Bags           5/1/16-4/30/17
     A-560-822.................................
    JAPAN: Diffusion-Annealed Nickel-Plated               5/1/16-4/30/17
     Flat-Rolled Steel Products A-588-869......
    JAPAN: Gray Portland Cement and Cement                5/1/16-4/30/17
     Clinker A-588-815.........................
    KAZAKHSTAN: Silicomanganese A-834-807......           5/1/16-4/30/17
    OMAN: Polyethylene Terephthalate Resin A-           10/15/15-4/30/17
     523-810...................................
    REPUBLIC OF KOREA: Polyester Staple Fiber A-          5/1/16-4/30/17
     580-839...................................
    SOCIALIST REPUBLIC OF VIETNAM: Polyethylene           5/1/16-4/30/17
     Retail Carrier Bags A-552-806.............
    SOUTH AFRICA: Stainless Steel Plate in                5/1/16-4/30/17
     Coils A-791-805...........................
    TAIWAN: Certain Circular Welded Carbon                5/1/16-4/30/17
     Steel Pipes and Tubes A-583-008...........
    TAIWAN: Polyester Staple Fiber A-583-833...           5/1/16-4/30/17
    TAIWAN: Polyethylene Retail Carrier Bags A-           5/1/16-4/30/17
     583-843...................................
    TAIWAN: Stainless Steel Plate in Coils A-             5/1/16-4/30/17
     583-830...................................
    TAIWAN: Stilbenic Optical Brightening                 5/1/16-4/30/17
     Agents A-583-848..........................
    THE PEOPLE'S REPUBLIC OF CHINA: Aluminum              5/1/16-4/30/17
     Extrusions A-570-967......................
    THE PEOPLE'S REPUBLIC OF CHINA: Circular              5/1/16-4/30/17
     Welded Carbon Quality Steel Line Pipe A-
     570-935...................................
    THE PEOPLE'S REPUBLIC OF CHINA: Citric Acid           5/1/16-4/30/17
     and Citrate Salt A-570-937................
    THE PEOPLE'S REPUBLIC OF CHINA: Iron                  5/1/16-4/30/17
     Construction Castings A-570-502...........
    THE PEOPLE'S REPUBLIC OF CHINA: Oil Country           5/1/16-4/30/17
     Tubular Goods A-570-943...................
    THE PEOPLE'S REPUBLIC OF CHINA:                     10/15/15-4/30/17
     Polyethylene Terephthalate Resin A-570-024

[[Page 20317]]

 
    THE PEOPLE'S REPUBLIC OF CHINA: Pure                  5/1/16-4/30/17
     Magnesium A-570-832.......................
    THE PEOPLE'S REPUBLIC OF CHINA: Stilbenic             5/1/16-4/30/17
     Optical Brightening Agents A-570-972......
    TURKEY: Circular Welded Carbon Steel Pipes            5/1/16-4/30/17
     and Tubes A-489-501.......................
    TURKEY: Light-Walled Rectangular Pipe and             5/1/16-4/30/17
     Tube A-489-815............................
    UNITED ARAB EMIRATES: Steel Nails A-520-804           5/1/16-4/30/17
    VENEZUELA: Silicomanganese A-307-820.......           5/1/16-4/30/17
Countervailing Duty Proceedings:
    BRAZIL: Iron Construction Castings C-351-            1/1/16-12/31/16
     504.......................................
    INDIA: Polyethylene Terephthalate Resin C-          8/14/15-12/31/16
     533-862...................................
    SOCIALIST REPUBLIC OF VIETNAM: Polyethylene          1/1/16-12/31/16
     Retail Carrier Bags C-552-805.............
    SOUTH AFRICA: Stainless Steel Plate in               1/1/16-12/31/16
     Coils C-791-806...........................
    THE PEOPLE'S REPUBLIC OF CHINA: Aluminum             1/1/16-12/31/16
     Extrusions C-570-968......................
    THE PEOPLE'S REPUBLIC OF CHINA: Citric Acid          1/1/16-12/31/16
     and Citrate Salt C-570-938................
    THE PEOPLE'S REPUBLIC OF CHINA:                     8/14/15-12/31/16
     Polyethylene Terephthalate Resin C-570-025
Suspension Agreements:
    None.......................................
------------------------------------------------------------------------

    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). 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.
---------------------------------------------------------------------------

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

    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 May 2017. If the Department does not receive, by the 
last day of May 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.

[[Page 20318]]

    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: April 25, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2017-08730 Filed 4-28-17; 8:45 am]
 BILLING CODE 3510-DS-P