Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 20315-20318 [2017-08730]
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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 https://
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 https://
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).
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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
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19 CFR 351.218(d)(1)(iii).
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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
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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:
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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.
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20317
Period of review
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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
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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 https://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.
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(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 https://
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).
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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’’).
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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.
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Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://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 https://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]
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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:
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\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
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Period of review
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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\
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\2\ See also the Enforcement and Compliance Web site at https://trade.gov/enforcement/.
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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.
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\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.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS'') on Enforcement and Compliance's ACCESS Web
site at https://access.trade.gov.\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.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of 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
