Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 35754-35756 [2017-16158]
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
Department will grant the request unless
it finds compelling reasons to deny it.
On July 10, 2017, the petitioner 2
submitted a timely request that the
Department postpone the preliminary
determinations in these LTFV
investigations.3 The petitioner stated
that it requests postponement to provide
adequate time for the Department to
issue supplemental questionnaires and
receive responses.4 The petitioner
further stated that these investigations
involve complex issues, including
further manufacturing, purchases of
major inputs from affiliated parties, and
the application of the ‘‘special rule’’
under section 772(e) of the Act.5
For the reasons stated above and
because there are no compelling reasons
to deny the request, the Department, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determinations by 50
days (i.e., 190 days after the date on
which these investigations were
initiated). As a result, the Department
will issue its preliminary
determinations no later than October 4,
2017. In accordance with section
735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will be 75 days after the date of
publication of the preliminary
determinations, unless postponed at a
later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: July 26, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–16161 Filed 7–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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AGENCY:
2 The petitioner in these investigations is Globe
Specialty Metals, Inc.
3 See Letter from the petitioner, ‘‘Request for
Postponement of Preliminary Determinations,’’
dated July 10, 2017.
4 Id.
5 Id.
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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
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
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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 August 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
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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
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 August 2017,1
interested parties may request
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administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
August for the following periods:
Period of review
Antidumping Duty Proceedings
Germany:
Seamless Line and Pressure Pipe, A–428–820 ..........................................................................................................
Sodium Nitrate A–428–841 ..........................................................................................................................................
Japan:
Brass Sheet & Strip, A–588–704 .................................................................................................................................
Tin Mill Products A–588–854 .......................................................................................................................................
Malaysia: Polyethylene Retail Carrier Bags A–557–813 ....................................................................................................
Mexico: Light-Walled Rectangular Pipe and Tube A–201–836 ..........................................................................................
Republic of Korea:
Large Power Transformers A–580–867 .......................................................................................................................
Light-Walled Rectangular Pipe and Tube A–580–859 .................................................................................................
Romania: Certain Small Diameter Carbon and Alloy Seamless Standard, Line, And Pressure Pipe (Under 4 1⁄2
Inches), A–485–805 .........................................................................................................................................................
Socialist Republic of Vietnam: Silicomanganese A–552–801 .............................................................................................
Thailand: Polyethylene Retail Carrier Bags A–549–821 .....................................................................................................
The People’s Republic of China:.
Floor-Standing, Metal-Top Ironing Tables and Parts Thereof A–570–888 ..................................................................
Hydrofluorocarbon Blends and Components Thereof, A–570–028 .............................................................................
Laminated Woven Sacks A–570–916 ..........................................................................................................................
Light-Walled Rectangular Pipe and Tube A–570–914 .................................................................................................
Passenger Vehicle and Light Truck Tires A–570–016 ................................................................................................
Petroleum Wax Candles A–570–504 ...........................................................................................................................
Polyethylene Retail Carrier Bags A–570–886 ..............................................................................................................
Sodium Nitrate A–570–925 ..........................................................................................................................................
Steel Nails A–570–909 .................................................................................................................................................
Sulfanilic Acid A–570–815 ............................................................................................................................................
Tetrahydrofurfuryl Alcohol A–570–887 .........................................................................................................................
Tow-Behind Lawn Groomers and Parts Thereof A–570–939 ......................................................................................
Ukraine: Silicomanganese A–823–805 ...............................................................................................................................
Countervailing Duty Proceedings
Republic of Korea: Stainless Steel Sheet and Strip In Coils C–580–835 ..........................................................................
The People’s Republic of China:
Laminated Woven Sacks C–570–917 ..........................................................................................................................
Light-Walled Rectangular Pipe and Tube C–570–915 ................................................................................................
Passenger Vehicle and Light Truck Tires C–570–017 ................................................................................................
Sodium Nitrite C–570–926 ...........................................................................................................................................
8/1/16–7/31/17
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2/1/2016–7/31/2017
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Suspension Agreements
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None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which was produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Note that, for any party the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and Non-
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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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
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.
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
2 See also the Enforcement and Compliance Web
site at https://trade.gov/enforcement/.
3 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
4 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
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20:13 Jul 31, 2017
Jkt 241001
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 August 2017. If the
Department does not receive, by the last
day of August 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: July 13, 2017.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–16158 Filed 7–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Calendar of Upcoming 2018 Trade
Missions
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Department
of Commerce, International Trade
Administration (ITA) is announcing
four upcoming trade missions that will
SUMMARY:
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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be recruited, organized and
implemented by ITA. These missions
are:
• 10th Annual U.S. Industry Program
at the International Atomic Energy
Agency (IAEA) General Conference
Trade Mission to Vienna, Austria—
September 18–19, 2017
• Smart Grid and Energy Storage
Business Development Trade Mission to
India—March 5–9, 2018
• Horizontal Trade Mission to the
Caribbean in Conjunction with Trade
Americas—Business Opportunities in
the Caribbean Region Conference—May
6–11, 2018
• Oil and Gas Trade Mission to Rio de
Janeiro, Brazil—September 19–21, 2018
A summary of each mission is found
below. Application information and
more detailed mission information,
including the commercial setting and
sector information, can be found at the
trade mission Web site: https://
export.gov/trademissions.
For each mission, recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://export.gov/
trademissions) and other Internet Web
sites, press releases to general and trade
media, direct mail, broadcast fax,
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
The following Conditions for
Participation will be used for each
mission: Applicants must submit a
completed and signed mission
application and supplemental
application materials, including
adequate information on their products
and/or services, primary market
objectives, and goals for participation. If
the Department of Commerce receives
an incomplete application, the
Department may either: Reject the
application, request additional
information/clarification, or take the
lack of information into account when
evaluating the application. If the
requisite minimum number of
participants is not selected for a
particular mission by the recruitment
deadline, the mission may be cancelled.
Each applicant must also certify that
the products and services it seeks to
export through the mission are either
produced in the United States, or, if not,
are marketed under the name of a U.S.
firm and have at least fifty-one percent
U.S. content by value. In the case of a
trade association or organization, the
applicant must certify that, for each firm
or service provider to be represented by
the association/organization, the
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]]>Agencies
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35754-35756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16158]
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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 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 August
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
[[Page 35755]]
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
August 2017,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in August 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
Germany:
Seamless Line and Pressure Pipe, A-428-820. 8/1/16-7/31/17
Sodium Nitrate A-428-841................... 8/1/16-7/31/17
Japan:
Brass Sheet & Strip, A-588-704............. 8/1/16-7/31/17
Tin Mill Products A-588-854................ 8/1/16-7/31/17
Malaysia: Polyethylene Retail Carrier Bags A- 8/1/16-7/31/17
557-813.......................................
Mexico: Light-Walled Rectangular Pipe and Tube 8/1/16-7/31/17
A-201-836.....................................
Republic of Korea:
Large Power Transformers A-580-867......... 8/1/16-7/31/17
Light-Walled Rectangular Pipe and Tube A- 8/1/16-7/31/17
580-859...................................
Romania: Certain Small Diameter Carbon and 8/1/16-7/31/17
Alloy Seamless Standard, Line, And Pressure
Pipe (Under 4 \1/2\ Inches), A-485-805........
Socialist Republic of Vietnam: Silicomanganese 8/1/16-7/31/17
A-552-801.....................................
Thailand: Polyethylene Retail Carrier Bags A- 8/1/16-7/31/17
549-821.......................................
The People's Republic of China:................
Floor-Standing, Metal-Top Ironing Tables 8/1/16-7/31/17
and Parts Thereof A-570-888...............
Hydrofluorocarbon Blends and Components 2/1/2016-7/31/2017
Thereof, A-570-028........................
Laminated Woven Sacks A-570-916............ 8/1/16-7/31/17
Light-Walled Rectangular Pipe and Tube A- 8/1/16-7/31/17
570-914...................................
Passenger Vehicle and Light Truck Tires A- 8/1/16-7/31/17
570-016...................................
Petroleum Wax Candles A-570-504............ 8/1/16-7/31/17
Polyethylene Retail Carrier Bags A-570-886. 8/1/16-7/31/17
Sodium Nitrate A-570-925................... 8/1/16-7/31/17
Steel Nails A-570-909...................... 8/1/16-7/31/17
Sulfanilic Acid A-570-815.................. 8/1/16-7/31/17
Tetrahydrofurfuryl Alcohol A-570-887....... 8/1/16-7/31/17
Tow-Behind Lawn Groomers and Parts Thereof 8/1/16-7/31/17
A-570-939.................................
Ukraine: Silicomanganese A-823-805............. 8/1/16-7/31/17
Countervailing Duty Proceedings
Republic of Korea: Stainless Steel Sheet and 1/1/16-12/31/16
Strip In Coils C-580-835......................
The People's Republic of China:
Laminated Woven Sacks C-570-917............ 1/1/16-12/31/16
Light-Walled Rectangular Pipe and Tube C- 1/1/16-12/31/16
570-915...................................
Passenger Vehicle and Light Truck Tires C- 1/1/16-12/31/16
570-017...................................
Sodium Nitrite C-570-926................... 1/1/16-12/31/16
Suspension Agreements
None...........................................
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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-
[[Page 35756]]
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).
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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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Following initiation of an antidumping administrative review when
there is no review requested of the NME entity, the Department will
instruct CBP to liquidate entries for all exporters not named in the
initiation notice, including those that were suspended at the NME
entity rate.
All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS Web site
at https://access.trade.gov.\5\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request.
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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 August 2017. If the Department does not receive, by
the last day of August 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: July 13, 2017.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-16158 Filed 7-31-17; 8:45 am]
BILLING CODE 3510-DS-P
