Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 30833-30836 [2017-13937]

Download as PDF 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. VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 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. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 30833 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 E:\FR\FM\03JYN1.SGM 03JYN1 30834 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. VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1 1/4/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 1/4/16–6/30/17 7/1/16–6/30/17 3/7/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 1/4/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 6/2/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 7/1/16–6/30/17 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 VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 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 http://trade.gov/enforcement/. 3 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 7/1/16–6/30/17 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. E:\FR\FM\03JYN1.SGM 03JYN1 30836 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices Web site at http://access.trade.gov.5 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. The Department will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of 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 sradovich on DSK3GMQ082PROD with NOTICES AGENCY: 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 http://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]


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

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:
---------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                        Period of review
------------------------------------------------------------------------
                      Antidumping Duty Proceedings
------------------------------------------------------------------------
 
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
------------------------------------------------------------------------
 
                     Countervailing Duty Proceedings
------------------------------------------------------------------------
 
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
------------------------------------------------------------------------
 
                          Suspension Agreements
------------------------------------------------------------------------
 
Ukraine: Oil Country Tubular Goods A-823-815.........     7/1/16-6/30/17
------------------------------------------------------------------------

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

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

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

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

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS

[[Page 30836]]

Web site at http://access.trade.gov.\5\ Further, in accordance with 19 
CFR 351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request.
---------------------------------------------------------------------------

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

    The Department will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of 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