Initiation of Antidumping and Countervailing Duty Administrative Reviews, 57705-57709 [2017-26383]
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Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
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Affected Public: Business or other forprofit.
Frequency: Annually.
Respondent’s Obligation: Mandatory.
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Sheleen Dumas,
Departmental PRA Lead, Office of the Chief
Information Officer.
[FR Doc. 2017–26385 Filed 12–6–17; 8:45 am]
BILLING CODE 3510–07–P
57705
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: December 1, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–26379 Filed 12–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has received requests
to conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with October
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
DATES: Applicable December 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–50–2017]
Foreign-Trade Zone (FTZ) 98—
Birmingham, Alabama, Authorization
of Production Activity, Brose
Tuscaloosa, Inc., (Automotive Seats,
Drives and Door Frames), Vance,
Alabama
On August 2, 2017, Brose Tuscaloosa,
Inc. submitted a notification of
proposed production activity to the FTZ
Board for its facility within FTZ 98 in
Vance, Alabama.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (82 FR 37191, August
9, 2017). On November 30, 2017, the
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The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with October
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify the
Department within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://access.trade.gov
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in accordance with 19 CFR 351.303.1
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
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 place the CBP data on the
record within five days of publication of
the initiation notice and to make our
decision regarding respondent selection
within 30 days of publication of the
initiation Federal Register notice.
Comments regarding the CBP data and
respondent selection should be
submitted seven days after the
placement of the CBP data on the record
of this review. Parties wishing to submit
rebuttal comments should submit those
comments five days after the deadline
for the initial comments.
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 has found
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 this
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 this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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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
the Quantity and Value (Q&V)
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 this
proceeding where the Department
considered collapsing that entity,
complete Q&V 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 has requested 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 the Department does not intend to
extend the 90-day deadline unless the
requestor demonstrates that an
extraordinary circumstance has
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.
Separate Rates
In proceedings involving non-market
economy (NME) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
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To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise. In accordance with the
separate rates criteria, the Department
assigns separate rates to companies in
NME cases only if respondents can
demonstrate the absence of both de jure
and de facto government control over
export activities.
All firms listed below that wish to
qualify for separate rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate rate
eligibility, the Department requires
entities for whom a review was
requested, that were assigned a separate
rate in the most recent segment of this
proceeding in which they participated,
to certify that they continue to meet the
criteria for obtaining a separate rate. The
Separate Rate Certification form will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to the Department
no later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Certification applies
equally to NME-owned firms, wholly
foreign-owned firms, and foreign sellers
who purchase and export subject
merchandise to the United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding 2 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
2 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently completed
segment of the proceeding in which they
participated.
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limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,3 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Status Application will be
available on the Department’s Web site
at https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the Separate
Rate Status Application, refer to the
instructions contained in the
application. Separate Rate Status
Applications are due to the Department
no later than 30 calendar days of
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate Status
Application applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a separate-rate status application
or certification and subsequently are
selected as mandatory respondents,
57707
these exporters and producers will no
longer be eligible for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
antidumping and countervailing duty
orders and findings. We intend to issue
the final results of these reviews not
later than October 31, 2018.
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Period to be reviewed
Antidumping Duty Proceedings
Australia: Certain Hot-Rolled Steel Flat Products A–602–809 .............................................................................................................................
BlueScope Steel, Ltd.
BlueScope Steel Americas, Inc
Steelscape LLC
Brazil: Carbon and Certain Alloy Steel Wire Rod A–351–832 .............................................................................................................................
ArcelorMittal Brasil SA
Siderurgica Norte Brasil SA
Sinobras
Villares Metals SA
Votorantim Siderurgia
Brazil: Hot-Rolled Steel Flat Products A–351–845 ...............................................................................................................................................
Aperam South America
ArcelorMittal Brasil
CSN—Companhia Siderurgica Nacional
CSS—Companhia Siderurgica Suape
Marcegaglia do Brasil
Usiminas—Usinas Siderurgicas de Minas Gerais SA
Japan: Certain Hot-Rolled Steel Flat Products A–588–874 .................................................................................................................................
Hanwa Co., Ltd
Hitachi Metals, Ltd
Honda Trading Canada, Inc
JFE Steel Corporation
JFE Shoji Trade America
Kanematsu Corporation
Kobe Steel, Ltd
Mitsui & Co., Ltd
Miyama Industry Co., Ltd
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel & Sumikin Logistics Co., Ltd
Nisshin Steel Co., Ltd
Okaya & Co., Ltd
Panasonic Corporation
Saint-Gobain KK
Shinsho Corporation
Sumitomo Corporation
Suzukaku Corporation
Tokyo Steel Manufacturing Co., Ltd
Toyota Tsusho Corporation Nagoya
Mexico: Carbon and Certain Alloy Steel Wire Rod A–201–830 ...........................................................................................................................
ArcelorMittal Mexico, S.A. de C.V
ArcelorMittal Las Truchas, S.A. de C.V
Deacero S.A.P.I. de C.V
Ternium Mexico S.A. de C.V
Republic of Korea: Hot-Rolled Steel Flat Products A–580–883 ...........................................................................................................................
Daewood International Corp
Dongbu Steel Co., Ltd
Dongkuk Industries Co., Ltd
Hyundai Steel Co
Marubeni-Itochu Steel Korea
POSCO
POSCO Processing & Service Co
Soon Hong Trading Co
Sungjin Co
The Netherlands: Hot-Rolled Steel Flat Products A–421–813 .............................................................................................................................
Tata Steel Ijmuiden BV
The People’s Republic of China: Certain Passenger Vehicle and Light Truck Tires 4 A–570–016 .....................................................................
Cheng Shin Tire & Rubber (China) Co., Ltd.
Shandong Haolong Rubber Tire Co., Ltd.
The People’s Republic of China: Certain Steel Nails 5 A–570–909 .....................................................................................................................
3 Only changes to the official company name,
rather than trade names, need to be addressed via
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a Separate Rate Application. Information regarding
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10/1/16–9/30/17
3/22/16–9/30/17
3/22/16–9/30/17
10/1/16–9/30/17
3/22/16–9/30/17
3/22/16–9/30/17
8/1/16–7/31/17
8/1/16–7/31/17
new trade names may be submitted via a Separate
Rate Certification.
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Period to be reviewed
The People’s Republic of China: Electrolytic Managanese Dioxide A–570–919 .................................................................................................
Shenzhen Pengcheng South Industry and Trade Co., Ltd.
The People’s Republic of China: Multilayered Wood Flooring 6 A–570–970 .......................................................................................................
Den Hua Sen Tai Wood Co. Ltd
Hangzhou Hanje Tec Co. Ltd
The People’s Republic of China: Steel Wire Garment Hangers A–570–918 .......................................................................................................
Da Sheng Hanger Ind. Co., Ltd
Hangzhou Qingqing Mechanical Co. Ltd
Hangzhou Yingqing Material Co. Ltd
Hangzhou Yinte
Hong Kong Wells Ltd. (USA)
Hong Kong Wells Ltd
Shanghai Guoxing Metal Products Co. Ltd
Shanghai Jianhai International Trade Co. Ltd
Shanghai Wells Hanger Co., Ltd
Shangyu Baoxiang Metal Manufactured Co. Ltd
Shaoxing Andrew Metal Manufactured Co. Ltd
Shaoxing Dingli Metal Clotheshorse Co. Ltd
Shaoxing Gangyuan Metal Manufactured Co. Ltd
Shaoxing Guochao Metallic Products Co., Ltd
Shaoxing Liangbao Metal Manufactured Co. Ltd
Shaoxing Meideli Hanger Co. Ltd
Shaoxing Shunji Metal Clotheshorse Co., Ltd
Shaoxing Tongzhou Metal Manufactured Co. Ltd
Shaoxing Zhongbao Metal Manufactured Co. Ltd
Zhejiang Lucky Cloud Hanger Co. Ltd
Turkey: Hot-Rolled Steel Flat Products A–489–826 .............................................................................................................................................
Agir Haddecilik A.S
Colakoglu Dis Ticaret A.S
Colakoglu Metalurji, A.S
Eregrli Demir ve Celik Fabrikalari T.A.S
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S
Habas Industrial and Medical Gases Production Industries Inc
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi
Iskenderun Iron & Steel Works Co
MMK Atakas Metalurji
Ozkan Iron and Steel Ind
Toscelik Profile and Sheet Ind. Co. Tosyali Holding
Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod C–351–833 .............................................................................................................................
ArcelorMittal Brasil SA
Sinobras—Siderurgica Norte Brasil SA
Villares Metals SA
Votorantim Siderurgia
Brazil: Hot-Rolled Steel Flat Products C–351–846 ..............................................................................................................................................
Companhia Siderurgica Nacional S.A
Republic of Korea: Hot-Rolled Steel Flat Products C–580–884 ..........................................................................................................................
DCE Inc
Dong Chuel America Inc
Dongbu Steel Co., Ltd
Dongkuk Industries Co., Ltd
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company
POSCO
Soon Hong Trading Co., Ltd
Sung-A Steel Co., Ltd
Turkey: Oil Country Tubular Goods 7 C–489–817 ................................................................................................................................................
Borusan Mannesmann Boru Sanayi ve Ticaret A.S
Borusan Istikbal Ticaret
Cayirova Boru San A.S
Cayirova Boru Sanayi ve Ticaret A.S
HG Tubulars Canada Ltd
Yucel Boru Ihracat ve Pazarlama A.S
Yucelboru Ihracat, Ithalat
Suspension Agreements
Russia: Uranium A–821–802 ................................................................................................................................................................................
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Duty Absorption Reviews
During any administrative review
covering all or part of a period falling
4 The companies listed above were misspelled in
the initiation notice that published on October 16,
2017 (82 FR 48051). The correct spelling of the
companies is listed in this notice.
5 In the initiation that published on October 16,
2017 (82 FR 48051), the Department incorrectly
identified that an administrative review was
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initiated on the antidumping duty order of Certain
Steel Nails from the PRC for R-Time Group Inc.;
Unicore Tianjin Fasteners Co. Ltd.; Anjing Caiquing
Hardware Co., Ltd.; and Nanjing Caiquing Hardware
Co. Ltd. The Department is now correcting that
notice: The Department is initiating administrative
reviews on the antidumping duty order of Certain
Steel Nails from the PRC for the following
companies: (1) Ri-Time Group Inc.; (2) Unicorn
Tianjin Fasteners Co. Ltd.; (3) Nanjing Caiqing
Hardware Co., Ltd.; (4) Hebei Handform Plastic
Products Co. Ltd.; (5) Hebei Minghao Imp. & Exp.
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12/1/15–11/30/16
10/1/16–9/30/17
3/22/16–9/30/17
1/1/16–12/31/16
1/15/16–12/31/16
8/12/16–12/31/16
1/1/16–12/31/16
10/1/16–9/30/17
Co. Ltd.; (6) Hengtuo Metal Products Co. Ltd; (7)
Shandong Dinglong Import & Export Co., Ltd; (8)
Nanjing Toua Hardware & Tools Co., Ltd.; and (9)
Hebei Minmetals Co. Ltd.
6 The companies listed above were inadvertently
omitted from the initiation notice that published on
February 13, 2017 (82 FR 10457).
7 In the initiation notice that published on
November 13, 2017 (82 FR 52268) the Department
inadvertently duplicated the list of companies for
Oil Country Tubular Goods from Tukey and
included Tosyali Dis Ticaret A.S. in the initiation.
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between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether antidumping duties
have been absorbed by an exporter or
producer subject to the review if the
subject merchandise is sold in the
United States through an importer that
is affiliated with such exporter or
producer. The request must include the
name(s) of the exporter or producer for
which the inquiry is requested.
Gap Period Liquidation
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 POR.
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Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in the Department’s regulations
at 19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
The Department’s regulations identify
five categories of factual information in
19 CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in this
segment.
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information.8 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives. All segments of any
antidumping duty or countervailing
duty proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.9 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary.
See 19 CFR 351.302. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
8 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
9 See
However, as noted in that initiation notice, this
company was excluded from the CVD order as a
result of litigation. See Oil Country Tubular Goods
from the Republic of Turkey: Amendment of
Countervailing Duty Order, 82 FR 46483 (October
26, 2017). This notice serves as a correction.
VerDate Sep<11>2014
18:50 Dec 06, 2017
Jkt 244001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
57709
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: December 1, 2017.
James Maeder,
Senior Director performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–26383 Filed 12–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation of Anti-Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Diamond Sawblades Manufacturers’
Coalition (the petitioner), the
Department of Commerce (the
Department) is initiating an anticircumvention inquiry to determine
whether certain imports of diamond
sawblades and parts thereof (diamond
sawblades) comprised of cores and
AGENCY:
E:\FR\FM\07DEN1.SGM
07DEN1
Agencies
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57705-57709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26383]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with October anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: Applicable December 7, 2017.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, 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.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with October anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (POR), it must
notify the Department within 30 days of publication of this notice in
the Federal Register. All submissions must be filed electronically at
https://access.trade.gov
[[Page 57706]]
in accordance with 19 CFR 351.303.\1\ Such submissions are subject to
verification in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act). Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served on every party on the
Department's service list.
---------------------------------------------------------------------------
\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
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 place
the CBP data on the record within five days of publication of the
initiation notice and to make our decision regarding respondent
selection within 30 days of publication of the initiation Federal
Register notice. Comments regarding the CBP data and respondent
selection should be submitted seven days after the placement of the CBP
data on the record of this review. Parties wishing to submit rebuttal
comments should submit those comments five days after the deadline for
the initial comments.
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 has found 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 this 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
this 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
the Quantity and Value (Q&V) 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 this proceeding
where the Department considered collapsing that entity, complete Q&V
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 has requested 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 the
Department does not intend to extend the 90-day deadline unless the
requestor demonstrates that an extraordinary circumstance has 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.
Separate Rates
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject merchandise. In accordance with the separate rates criteria,
the Department assigns separate rates to companies in NME cases only if
respondents can demonstrate the absence of both de jure and de facto
government control over export activities.
All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's Web site at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal
Register notice. In responding to the certification, please follow the
``Instructions for Filing the Certification'' in the Separate Rate
Certification. Separate Rate Certifications are due to the Department
no later than 30 calendar days after publication of this Federal
Register notice. The deadline and requirement for submitting a
Certification applies equally to NME-owned firms, wholly foreign-owned
firms, and foreign sellers who purchase and export subject merchandise
to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \2\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not
[[Page 57707]]
limited to, changes to corporate structure, acquisitions of new
companies or facilities, or changes to their official company name,\3\
should timely file a Separate Rate Application to demonstrate
eligibility for a separate rate in this proceeding. The Separate Rate
Status Application will be available on the Department's Web site at
https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of
publication of this Federal Register notice. In responding to the
Separate Rate Status Application, refer to the instructions contained
in the application. Separate Rate Status Applications are due to the
Department no later than 30 calendar days of publication of this
Federal Register notice. The deadline and requirement for submitting a
Separate Rate Status Application applies equally to NME-owned firms,
wholly foreign-owned firms, and foreign sellers that purchase and
export subject merchandise to the United States.
---------------------------------------------------------------------------
\2\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\3\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
---------------------------------------------------------------------------
For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following antidumping and countervailing
duty orders and findings. We intend to issue the final results of these
reviews not later than October 31, 2018.
------------------------------------------------------------------------
Period to be reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Australia: Certain Hot-Rolled Steel Flat 3/22/16-9/30/17
Products A-602-809............................
BlueScope Steel, Ltd.
BlueScope Steel Americas, Inc
Steelscape LLC
Brazil: Carbon and Certain Alloy Steel Wire Rod 10/1/16-9/30/17
A-351-832.....................................
ArcelorMittal Brasil SA
Siderurgica Norte Brasil SA
Sinobras
Villares Metals SA
Votorantim Siderurgia
Brazil: Hot-Rolled Steel Flat Products A-351- 3/22/16-9/30/17
845...........................................
Aperam South America
ArcelorMittal Brasil
CSN--Companhia Siderurgica Nacional
CSS--Companhia Siderurgica Suape
Marcegaglia do Brasil
Usiminas--Usinas Siderurgicas de Minas
Gerais SA
Japan: Certain Hot-Rolled Steel Flat Products A- 3/22/16-9/30/17
588-874.......................................
Hanwa Co., Ltd
Hitachi Metals, Ltd
Honda Trading Canada, Inc
JFE Steel Corporation
JFE Shoji Trade America
Kanematsu Corporation
Kobe Steel, Ltd
Mitsui & Co., Ltd
Miyama Industry Co., Ltd
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel & Sumikin Logistics Co., Ltd
Nisshin Steel Co., Ltd
Okaya & Co., Ltd
Panasonic Corporation
Saint-Gobain KK
Shinsho Corporation
Sumitomo Corporation
Suzukaku Corporation
Tokyo Steel Manufacturing Co., Ltd
Toyota Tsusho Corporation Nagoya
Mexico: Carbon and Certain Alloy Steel Wire Rod 10/1/16-9/30/17
A-201-830.....................................
ArcelorMittal Mexico, S.A. de C.V
ArcelorMittal Las Truchas, S.A. de C.V
Deacero S.A.P.I. de C.V
Ternium Mexico S.A. de C.V
Republic of Korea: Hot-Rolled Steel Flat 3/22/16-9/30/17
Products A-580-883............................
Daewood International Corp
Dongbu Steel Co., Ltd
Dongkuk Industries Co., Ltd
Hyundai Steel Co
Marubeni-Itochu Steel Korea
POSCO
POSCO Processing & Service Co
Soon Hong Trading Co
Sungjin Co
The Netherlands: Hot-Rolled Steel Flat Products 3/22/16-9/30/17
A-421-813.....................................
Tata Steel Ijmuiden BV
The People's Republic of China: Certain 8/1/16-7/31/17
Passenger Vehicle and Light Truck Tires \4\ A-
570-016.......................................
Cheng Shin Tire & Rubber (China) Co., Ltd.
Shandong Haolong Rubber Tire Co., Ltd.
The People's Republic of China: Certain Steel 8/1/16-7/31/17
Nails \5\ A-570-909...........................
[[Page 57708]]
The People's Republic of China: Electrolytic 10/1/16-9/30/17
Managanese Dioxide A-570-919..................
Shenzhen Pengcheng South Industry and Trade
Co., Ltd.
The People's Republic of China: Multilayered 12/1/15-11/30/16
Wood Flooring \6\ A-570-970...................
Den Hua Sen Tai Wood Co. Ltd
Hangzhou Hanje Tec Co. Ltd
The People's Republic of China: Steel Wire 10/1/16-9/30/17
Garment Hangers A-570-918.....................
Da Sheng Hanger Ind. Co., Ltd
Hangzhou Qingqing Mechanical Co. Ltd
Hangzhou Yingqing Material Co. Ltd
Hangzhou Yinte
Hong Kong Wells Ltd. (USA)
Hong Kong Wells Ltd
Shanghai Guoxing Metal Products Co. Ltd
Shanghai Jianhai International Trade Co.
Ltd
Shanghai Wells Hanger Co., Ltd
Shangyu Baoxiang Metal Manufactured Co. Ltd
Shaoxing Andrew Metal Manufactured Co. Ltd
Shaoxing Dingli Metal Clotheshorse Co. Ltd
Shaoxing Gangyuan Metal Manufactured Co.
Ltd
Shaoxing Guochao Metallic Products Co., Ltd
Shaoxing Liangbao Metal Manufactured Co.
Ltd
Shaoxing Meideli Hanger Co. Ltd
Shaoxing Shunji Metal Clotheshorse Co., Ltd
Shaoxing Tongzhou Metal Manufactured Co.
Ltd
Shaoxing Zhongbao Metal Manufactured Co.
Ltd
Zhejiang Lucky Cloud Hanger Co. Ltd
Turkey: Hot-Rolled Steel Flat Products A-489- 3/22/16-9/30/17
826...........................................
Agir Haddecilik A.S
Colakoglu Dis Ticaret A.S
Colakoglu Metalurji, A.S
Eregrli Demir ve Celik Fabrikalari T.A.S
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S
Habas Industrial and Medical Gases
Production Industries Inc
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi
Iskenderun Iron & Steel Works Co
MMK Atakas Metalurji
Ozkan Iron and Steel Ind
Toscelik Profile and Sheet Ind. Co. Tosyali
Holding
Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod 1/1/16-12/31/16
C-351-833.....................................
ArcelorMittal Brasil SA
Sinobras--Siderurgica Norte Brasil SA
Villares Metals SA
Votorantim Siderurgia
Brazil: Hot-Rolled Steel Flat Products C-351- 1/15/16-12/31/16
846...........................................
Companhia Siderurgica Nacional S.A
Republic of Korea: Hot-Rolled Steel Flat 8/12/16-12/31/16
Products C-580-884............................
DCE Inc
Dong Chuel America Inc
Dongbu Steel Co., Ltd
Dongkuk Industries Co., Ltd
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company
POSCO
Soon Hong Trading Co., Ltd
Sung-A Steel Co., Ltd
Turkey: Oil Country Tubular Goods \7\ C-489-817 1/1/16-12/31/16
Borusan Mannesmann Boru Sanayi ve Ticaret
A.S
Borusan Istikbal Ticaret
Cayirova Boru San A.S
Cayirova Boru Sanayi ve Ticaret A.S
HG Tubulars Canada Ltd
Yucel Boru Ihracat ve Pazarlama A.S
Yucelboru Ihracat, Ithalat
Suspension Agreements
Russia: Uranium A-821-802...................... 10/1/16-9/30/17
------------------------------------------------------------------------
Duty Absorption Reviews
---------------------------------------------------------------------------
\4\ The companies listed above were misspelled in the initiation
notice that published on October 16, 2017 (82 FR 48051). The correct
spelling of the companies is listed in this notice.
\5\ In the initiation that published on October 16, 2017 (82 FR
48051), the Department incorrectly identified that an administrative
review was initiated on the antidumping duty order of Certain Steel
Nails from the PRC for R-Time Group Inc.; Unicore Tianjin Fasteners
Co. Ltd.; Anjing Caiquing Hardware Co., Ltd.; and Nanjing Caiquing
Hardware Co. Ltd. The Department is now correcting that notice: The
Department is initiating administrative reviews on the antidumping
duty order of Certain Steel Nails from the PRC for the following
companies: (1) Ri-Time Group Inc.; (2) Unicorn Tianjin Fasteners Co.
Ltd.; (3) Nanjing Caiqing Hardware Co., Ltd.; (4) Hebei Handform
Plastic Products Co. Ltd.; (5) Hebei Minghao Imp. & Exp. Co. Ltd.;
(6) Hengtuo Metal Products Co. Ltd; (7) Shandong Dinglong Import &
Export Co., Ltd; (8) Nanjing Toua Hardware & Tools Co., Ltd.; and
(9) Hebei Minmetals Co. Ltd.
\6\ The companies listed above were inadvertently omitted from
the initiation notice that published on February 13, 2017 (82 FR
10457).
\7\ In the initiation notice that published on November 13, 2017
(82 FR 52268) the Department inadvertently duplicated the list of
companies for Oil Country Tubular Goods from Tukey and included
Tosyali Dis Ticaret A.S. in the initiation. However, as noted in
that initiation notice, this company was excluded from the CVD order
as a result of litigation. See Oil Country Tubular Goods from the
Republic of Turkey: Amendment of Countervailing Duty Order, 82 FR
46483 (October 26, 2017). This notice serves as a correction.
---------------------------------------------------------------------------
During any administrative review covering all or part of a period
falling
[[Page 57709]]
between the first and second or third and fourth anniversary of the
publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine
whether antidumping duties have been absorbed by an exporter or
producer subject to the review if the subject merchandise is sold in
the United States through an importer that is affiliated with such
exporter or producer. The request must include the name(s) of the
exporter or producer for which the inquiry is requested.
Gap Period Liquidation
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 POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in the Department's regulations at 19 CFR 351.305. Those
procedures apply to administrative reviews included in this notice of
initiation. Parties wishing to participate in any of these
administrative reviews should ensure that they meet the requirements of
these procedures (e.g., the filing of separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
The Department's regulations identify five categories of factual
information in 19 CFR 351.102(b)(21), which are summarized as follows:
(i) Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). These regulations require
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The regulations, at 19
CFR 351.301, also provide specific time limits for such factual
submissions based on the type of factual information being submitted.
Please review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information.\8\ Parties are hereby reminded that
revised certification requirements are in effect for company/government
officials as well as their representatives. All segments of any
antidumping duty or countervailing duty proceedings initiated on or
after August 16, 2013, should use the formats for the revised
certifications provided at the end of the Final Rule.\9\ The Department
intends to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable revised certification
requirements.
---------------------------------------------------------------------------
\8\ See section 782(b) of the Act.
\9\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by the
Secretary. See 19 CFR 351.302. In general, an extension request will be
considered untimely if it is filed after the time limit established
under Part 351 expires. For submissions which are due from multiple
parties simultaneously, an extension request will be considered
untimely if it is filed after 10:00 a.m. on the due date. Examples
include, but are not limited to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual information to value factors
under 19 CFR 351.408(c), or to measure the adequacy of remuneration
under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and
rebuttal, clarification and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate
country and surrogate values and rebuttal; (4) comments concerning U.S.
Customs and Border Protection data; and (5) quantity and value
questionnaires. Under certain circumstances, the Department may elect
to specify a different time limit by which extension requests will be
considered untimely for submissions which are due from multiple parties
simultaneously. In such a case, the Department will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This modification also requires that an extension
request must be made in a separate, stand-alone submission, and
clarifies the circumstances under which the Department will grant
untimely-filed requests for the extension of time limits. These
modifications are effective for all segments initiated on or after
October 21, 2013. Please review the final rule, available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
submitting factual information in these segments.
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: December 1, 2017.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-26383 Filed 12-6-17; 8:45 am]
BILLING CODE 3510-DS-P