Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 30833-30836 [2017-13937]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Industry and Security’s Office of
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations in
which the person had an interest at the
time of his conviction.
BIS has received notice of Jose
Abraham Benavides-Cira’s conviction
for violating the AECA, and has
provided notice and an opportunity for
Jose Abraham Benavides-Cira to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Jose Abraham Benavides-Cira.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Jose Abraham
Benavides-Cira’s export privileges under
the Regulations for a period of five years
from the date of Jose Abraham
Benavides-Cira’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Jose Abraham Benavides-Cira
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 23, 2021, Jose Abraham BenavidesCira, with a last known address of
Inmate Number: 85048–379, FCI Big
Spring, 1900 Simler Avenue, Big Spring,
TX 79720, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(the ‘‘Denied Person’’), may not, directly
or indirectly, participate in any way in
any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
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Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Jose Abraham
Benavides-Cira by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Jose Abraham
Benavides-Cira may file an appeal of
this Order with the Under Secretary of
Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of part 756
of the Regulations.
Fifth, a copy of this Order shall be
delivered to Jose Abraham BenavidesCira, and shall be published in the
Federal Register.
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Sixth, this Order is effective
immediately and shall remain in effect
until May 23, 2021.
Dated: June 27, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–13970 Filed 6–30–17; 8:45 am]
BILLING CODE 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 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
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
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 July 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 July 2017,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
July for the following periods:
Period of review
sradovich on DSK3GMQ082PROD with NOTICES
Antidumping Duty Proceedings
India: Corrosion-Resistant Steel Products A–533–863 .................................................................................................................
India: Polyethylene Terephthalate (Pet) Film A–533–824 ............................................................................................................
Iran: In-Shell Pistachios A–507–502 .............................................................................................................................................
Italy: Certain Pasta A–475–818 .....................................................................................................................................................
Italy: Corrosion-Resistant Steel Products A–475–832 ..................................................................................................................
Japan: Clad Steel Plate A–588–838 .............................................................................................................................................
Japan: Cold-Rolled Steel Flat Products A–588–873 .....................................................................................................................
Japan: Polyvinyl Alcohol A–588–861 ............................................................................................................................................
Japan: Stainless Steel Sheet and Strip in Coils A–588–845 ........................................................................................................
Malaysia: Steel Nails A–557–816 ..................................................................................................................................................
Malaysia: Welded Stainless Steel Pressure Pipe A–557–815 ......................................................................................................
Oman: Steel Nails A–523–808 ......................................................................................................................................................
Republic of Korea: Corrosion-Resistant Steel Products A–580–878 ............................................................................................
Republic of Korea: Stainless Steel Sheet and Strip in Coils A–580–834 .....................................................................................
Republic of Korea: Steel Nails A–580–874 ...................................................................................................................................
Socialist Republic of Vietnam: Steel Nails A–552–818 .................................................................................................................
Socialist Republic of Vietnam: Welded Stainless Pressure Pipe A–522–816 ..............................................................................
Taiwan: Corrosion-Resistant Steel Products A–583–856 .............................................................................................................
Taiwan: Polyethylene Terephthalate (Pet) Film A–583–837 .........................................................................................................
Taiwan: Stainless Steel Sheet and Strip in Coils A–583–831 ......................................................................................................
Taiwan: Steel Nails A–583–854 ....................................................................................................................................................
Thailand: Carbon Steel Butt-Weld Pipe Fittings A–549–807 ........................................................................................................
Thailand: Weld Stainless Steel Pressure Pipe A–549–830 ..........................................................................................................
The People’s Republic of China: Carbon Steel Butt-Weld Pipe Fittings A–570–814 ...................................................................
Certain Potassium Phosphate Salts A–570–962 ...................................................................................................................
Certain Steel Grating A–570–947 ..........................................................................................................................................
Circular Welded Carbon Quality Steel Pipe A–570–910 .......................................................................................................
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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3/7/16–6/30/17
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
30835
Period of review
Cold-Rolled Steel Flat Products A–570–029 .........................................................................................................................
Corrosion-Resistant Steel Products A–570–026 ....................................................................................................................
Persulfates A–570–847 ..........................................................................................................................................................
Xanthan Gum A–570–985 ......................................................................................................................................................
Turkey: Certain Pasta A–489–805 ................................................................................................................................................
3/7/16–6/30/17
1/4/16–6/30/17
7/1/16–6/30/17
7/1/16–6/30/17
7/1/16–6/30/17
Countervailing Duty Proceedings
India: Corrosion-Resistant Steel Products C–533–864 .................................................................................................................
India: Polyethylene Terephthalate (Pet) Film C–533–825 ............................................................................................................
Italy: Certain Pasta C–475–819 ....................................................................................................................................................
Italy: Corrosion-Resistant Steel Products C–475–833 ..................................................................................................................
Republic of Korea: Corrosion-Resistant Steel Products C–580–879 ...........................................................................................
Socialist of Republic of Vietnam: Steel Nails C–552–819 ............................................................................................................
The People’s Republic of China: Certain Potassium Phosphate Salts C–570–963 .....................................................................
Circular Welded Carbon Quality Steel Pipe C–570–911 .......................................................................................................
Cold-Rolled Steel Flat Products C–570–030 .........................................................................................................................
Corrosion-Resistant Steel Products C–570–027 ...................................................................................................................
Prestressed Concrete Steel Wire Strand C–570–946 ...........................................................................................................
Steel Grating C–570–948 .......................................................................................................................................................
Turkey: Certain Pasta C–489–806 ................................................................................................................................................
11/6/15–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
11/6/15–12/31/16
11/6/15–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
12/22/15–12/31/16
11/6/15–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
1/1/16–12/31/16
Suspension Agreements
sradovich on DSK3GMQ082PROD with NOTICES
Ukraine: Oil Country Tubular Goods A–823–815 .........................................................................................................................
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
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explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), the Department
clarified its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.2
The Department no longer considers
the non-market economy (NME) entity
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
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).
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the NME entity.4 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, the Department will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, the Department will
instruct CBP to liquidate entries for all
exporters not named in the initiation
notice, including those that were
suspended at the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
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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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 July 2017. If the
Department does not receive, by the last
day of July 2017, a request for review of
entries covered by an order, finding, or
suspended investigation listed in this
notice and for the period identified
above, the Department will instruct CBP
to assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: June 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–13937 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–DS–P
Department) published the preliminary
results of the 2015–2016 administrative
review of the antidumping duty order
on certain frozen warmwater shrimp
from Thailand. The review covers 160
producers/exporters of the subject
merchandise. The period of review
(POR) is February 1, 2015, through
January 31, 2016.
We gave interested parties an
opportunity to comment on the
preliminary results. After analyzing the
comments received, our final results
remain unchanged from the preliminary
results. Finally, we find that four
companies had no shipments of subject
merchandise during the POR.
DATES: Effective July 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Alice Maldonado,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–4987
and (202) 482–4682, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers 160 producers/
exporters of the subject merchandise.
The respondents which the Department
selected for individual examination are
Mayao 1 and Thai Union/Pakfood.2 The
respondents which were not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
On March 6, 2017, the Department
published the Preliminary Results.3 We
invited parties to comment on the
preliminary results of the review.4 In
April 2017, we received a case brief
from Mayao and certain of the
individual companies comprising Thai
Union/Pakfood (collectively, the
respondents); 5 we also received a
DEPARTMENT OF COMMERCE
1 Mayao
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: Final Results of
Antidumping Duty Administrative
Review; Final Determination of No
Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2017, the
Department of Commerce (the
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AGENCY:
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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consists of the following companies: A
Foods 1991 Co., Limited and May Ao Foods Co.,
Ltd.
2 Thai Union/Pakfood consists of the following
companies: Thai Union Group Public Co., Ltd. (also
known as Thai Union Frozen Products Public Co.,
Ltd.), Thai Union Seafood Company Limited,
Pakfood Public Company Limited, Asia Pacific
(Thailand) Co., Ltd., Chaophraya Cold Storage Co.
Ltd., Okeanos Co. Ltd., Okeanos Food Co. Ltd., and
Takzin Samut Co. Ltd.
3 See Certain Frozen Warmwater Shrimp From
Thailand; Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2015–2016, 82 FR
12540 (March 6, 2017) (Preliminary Results).
4 Id.
5 Thai Union/Pakfood’s case brief was not filed on
behalf of the following companies which are
included in the Thai/Union/Pakfood collapsed
entity: Asia Pacific (Thailand) Co., Ltd., Chaophraya
Cold Storage Co. Ltd., Okeanos Food Co. Ltd., and
Takzin Samut Co. Ltd.
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rebuttal brief from the Ad Hoc Shrimp
Trade Action Committee (the
petitioner). The Department conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.6
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
Analysis of Comments Received
All issues raised in the case briefs by
parties are listed in the Appendix to this
notice and addressed in the Issues and
Decision Memorandum. Parties can find
a complete discussion of these issues
and the corresponding
recommendations in the Issues and
Decision memorandum, which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and 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
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Determination of No Shipments
As noted in the Preliminary Results,
we received no shipment claims from
five companies involved in this
administrative review: Calsonic Kansei
(Thailand) Co., Ltd. (Calsonic Kansei);
Grobest Frozen Foods Co., Ltd.
(Grobest); Lucky Union Foods Co., Ltd.
(Lucky Union); Marine Gold Products
6 For a complete description of the Scope of the
Order, see the memorandum from Gary Taverman,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled, ‘‘Issues and
Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Frozen Warmwater Shrimp from Thailand,’’
(dated concurrently with these results) (Issues and
Decision Memorandum), which is hereby adopted
by this notice.
E:\FR\FM\03JYN1.SGM
03JYN1
]]>Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30833-30836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13937]
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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 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
[[Page 30834]]
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 July
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
July 2017,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in July 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
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India: Corrosion-Resistant Steel Products A-533-863.. 1/4/16-6/30/17
India: Polyethylene Terephthalate (Pet) Film A-533- 7/1/16-6/30/17
824.................................................
Iran: In-Shell Pistachios A-507-502.................. 7/1/16-6/30/17
Italy: Certain Pasta A-475-818....................... 7/1/16-6/30/17
Italy: Corrosion-Resistant Steel Products A-475-832.. 1/4/16-6/30/17
Japan: Clad Steel Plate A-588-838.................... 7/1/16-6/30/17
Japan: Cold-Rolled Steel Flat Products A-588-873..... 3/7/16-6/30/17
Japan: Polyvinyl Alcohol A-588-861................... 7/1/16-6/30/17
Japan: Stainless Steel Sheet and Strip in Coils A-588- 7/1/16-6/30/17
845.................................................
Malaysia: Steel Nails A-557-816...................... 7/1/16-6/30/17
Malaysia: Welded Stainless Steel Pressure Pipe A-557- 7/1/16-6/30/17
815.................................................
Oman: Steel Nails A-523-808.......................... 7/1/16-6/30/17
Republic of Korea: Corrosion-Resistant Steel Products 1/4/16-6/30/17
A-580-878...........................................
Republic of Korea: Stainless Steel Sheet and Strip in 7/1/16-6/30/17
Coils A-580-834.....................................
Republic of Korea: Steel Nails A-580-874............. 7/1/16-6/30/17
Socialist Republic of Vietnam: Steel Nails A-552-818. 7/1/16-6/30/17
Socialist Republic of Vietnam: Welded Stainless 7/1/16-6/30/17
Pressure Pipe A-522-816.............................
Taiwan: Corrosion-Resistant Steel Products A-583-856. 6/2/16-6/30/17
Taiwan: Polyethylene Terephthalate (Pet) Film A-583- 7/1/16-6/30/17
837.................................................
Taiwan: Stainless Steel Sheet and Strip in Coils A- 7/1/16-6/30/17
583-831.............................................
Taiwan: Steel Nails A-583-854........................ 7/1/16-6/30/17
Thailand: Carbon Steel Butt-Weld Pipe Fittings A-549- 7/1/16-6/30/17
807.................................................
Thailand: Weld Stainless Steel Pressure Pipe A-549- 7/1/16-6/30/17
830.................................................
The People's Republic of China: Carbon Steel Butt- 7/1/16-6/30/17
Weld Pipe Fittings A-570-814........................
Certain Potassium Phosphate Salts A-570-962...... 7/1/16-6/30/17
Certain Steel Grating A-570-947.................. 7/1/16-6/30/17
Circular Welded Carbon Quality Steel Pipe A-570- 7/1/16-6/30/17
910.............................................
[[Page 30835]]
Cold-Rolled Steel Flat Products A-570-029........ 3/7/16-6/30/17
Corrosion-Resistant Steel Products A-570-026..... 1/4/16-6/30/17
Persulfates A-570-847............................ 7/1/16-6/30/17
Xanthan Gum A-570-985............................ 7/1/16-6/30/17
Turkey: Certain Pasta A-489-805...................... 7/1/16-6/30/17
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Countervailing Duty Proceedings
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India: Corrosion-Resistant Steel Products C-533-864.. 11/6/15-12/31/16
India: Polyethylene Terephthalate (Pet) Film C-533- 1/1/16-12/31/16
825.................................................
Italy: Certain Pasta C-475-819....................... 1/1/16-12/31/16
Italy: Corrosion-Resistant Steel Products C-475-833.. 11/6/15-12/31/16
Republic of Korea: Corrosion-Resistant Steel Products 11/6/15-12/31/16
C-580-879...........................................
Socialist of Republic of Vietnam: Steel Nails C-552- 1/1/16-12/31/16
819.................................................
The People's Republic of China: Certain Potassium 1/1/16-12/31/16
Phosphate Salts C-570-963...........................
Circular Welded Carbon Quality Steel Pipe C-570- 1/1/16-12/31/16
911.............................................
Cold-Rolled Steel Flat Products C-570-030........ 12/22/15-12/31/16
Corrosion-Resistant Steel Products C-570-027..... 11/6/15-12/31/16
Prestressed Concrete Steel Wire Strand C-570-946. 1/1/16-12/31/16
Steel Grating C-570-948.......................... 1/1/16-12/31/16
Turkey: Certain Pasta C-489-806...................... 1/1/16-12/31/16
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Suspension Agreements
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Ukraine: Oil Country Tubular Goods A-823-815......... 7/1/16-6/30/17
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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
[[Page 30836]]
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 July 2017. If the Department does not receive, by
the last day of July 2017, a request for review of entries covered by
an order, finding, or suspended investigation listed in this notice and
for the period identified above, the Department will instruct CBP to
assess antidumping or countervailing duties on those entries at a rate
equal to the cash deposit of (or bond for) estimated antidumping or
countervailing duties required on those entries at the time of entry,
or withdrawal from warehouse, for consumption and to continue to
collect the cash deposit previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: June 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017-13937 Filed 6-30-17; 8:45 am]
BILLING CODE 3510-DS-P
