Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 98-100 [2017-28260]
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98
Notices
Federal Register
Vol. 83, No. 1
Tuesday, January 2, 2018
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–57–2017]
Foreign-Trade Zone (FTZ) 35—
Philadelphia, Pennsylvania;
Authorization of Production Activity;
Estee Lauder Inc.; (Skin Care,
Fragrance, and Cosmetic Products);
Bristol and Trevose, Pennsylvania
On August 29, 2017, Estee Lauder Inc.
submitted a notification of proposed
production activity to the FTZ Board for
its facility within FTZ 35, in Bristol and
Trevose, Pennsylvania.
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 44159,
September 21, 2017). On December 27,
2017, the 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 27, 2017.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2017–28270 Filed 12–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
daltland on DSKBBV9HB2PROD with NOTICES
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. Brown, Office of AD/CVD
AGENCY:
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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 (Commerce) 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 Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
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.
Commerce 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 Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
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‘‘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, Commerce 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
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce 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 Commerce 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 Commerce may
extend this time if it is reasonable to do
so. In order to provide parties additional
certainty with respect to when
Commerce will exercise its discretion to
extend this 90-day deadline, interested
parties are advised that, with regard to
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Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices
reviews requested on the basis of
anniversary months on or after January
2018, Commerce 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 Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Commerce is providing this notice on
its website, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which Commerce intends to exercise its
discretion in the future.
99
Opportunity to Request a Review: Not
later than the last day of January 2018,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
January for the following periods:
Period of review
Antidumping Duty Proceedings
Brazil: Prestressed Concrete Steel Wire Strand, A–351–837 ......................................................................................................
India: Prestressed Concrete Steel Wire Strand, A–533–828 ........................................................................................................
Mexico: Prestressed Concrete Steel Wire Strand, A–201–831 ....................................................................................................
Republic of Korea: Prestressed Concrete Steel Wire Strand, A–580–852 ..................................................................................
South Africa: Ferrovanadium, A–791–815 ....................................................................................................................................
Thailand: Prestressed Concrete Steel Wire Strand, A–549–820 ..................................................................................................
The People’s Republic of China: Calcium Hypochlorite, A–570–008 ...........................................................................................
The People’s Republic of China: Carbon and Certain Alloy Steel Wire Rod, A–570–012 ..........................................................
The People’s Republic of China: Crepe Paper Products, A–570–895 .........................................................................................
The People’s Republic of China: Ferrovanadium, A–570- 873 ....................................................................................................
The People’s Republic of China: Folding Gift Boxes, A–570- 866 ...............................................................................................
The People’s Republic of China: Potassium Permanganate, A–570–863 ...................................................................................
The People’s Republic of China: Wooden Bedroom Furniture, A–570–890 ................................................................................
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
Countervailing Duty Proceedings
Calcium Hypochlorite, C–570–009 ...........................................................................................
Carbon and Certain Alloy Steel Wire Rod, C–570–013 ..........................................................
Certain Oil Country Tubular Goods, C–570–944 .....................................................................
Circular Welded Carbon Quality Steel Line Pipe, C–570–936 ................................................
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
Suspension Agreements
Russia: Certain Cut-to-Length Carbon Steel, A–821–808 ............................................................................................................
1/1/17–12/31/17
daltland on DSKBBV9HB2PROD with NOTICES
The
The
The
The
People’s
People’s
People’s
People’s
Republic
Republic
Republic
Republic
of
of
of
of
China:
China:
China:
China:
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 Commerce
was unable to locate in prior segments,
Commerce 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 NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce 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
Commerce 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
Commerce 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, Commerce 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
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
2 See also the Enforcement and Compliance
website 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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Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices
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, Commerce 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
website 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.
Commerce 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
January 2018. If Commerce does not
receive, by the last day of January 2018,
a request for review of entries covered
by an order, finding, or suspended
investigation listed in this notice and for
the period identified above, Commerce
will instruct CBP to assess antidumping
or countervailing duties on those entries
at a rate equal to the cash deposit of
estimated antidumping or
countervailing duties required on those
DOC Case No.
A–570–981
C–570–982
A–588–838
A–201–842
A–580–868
C–580–869
A–552–812
....
....
....
....
....
....
....
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Dated: December 22, 2017.
James Maeder,
Senior Director, performing the duties of
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–28260 Filed 12–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) is
automatically initiating the five-year
reviews (Sunset Reviews) of the
antidumping and countervailing duty
(AD/CVD) order(s) listed below. The
International Trade Commission (the
Commission) is publishing concurrently
AGENCY:
with this notice its notice of Institution
of Five-Year Reviews which covers the
same order(s).
DATES:
Applicable (January 1, 2018).
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the Commission
contact Mary Messer, Office of
Investigations, U.S. International Trade
Commission at (202) 205–3193.
SUPPLEMENTARY INFORMATION:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to Commerce’s
conduct of Sunset Reviews is set forth
in Antidumping Proceedings:
Calculation of the Weighted-Average
Dumping Margin and Assessment Rate
in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating Sunset Reviews of the
following antidumping and
countervailing duty order(s):
ITC Case No.
Country
Product
Department contact
731–TA–1195
701–TA–486 ..
731–TA–739 ..
731–TA–1200
731–TA–1199
701–TA–488 ..
731–TA–1198
China .........................
China .........................
Japan .........................
Mexico .......................
Republic of Korea .....
Republic of Korea ......
Vietnam .....................
Utility Scale Wind Towers (1st Review) ...
Utility Scale Wind Towers (1st Review) ...
Clad Steel Plate (4th Review) ..................
Large Residential Washers (1st Review)
Large Residential Washers (1st Review)
Large Residential Washers (1st Review)
Utility Scale Wind Towers (1st Review) ...
Robert James, (202) 482–0649.
Matthew Renkey, (202) 482–2312.
Robert James, (202) 482–0649.
Robert James, (202) 482–0649.
Robert James, (202) 482–0649.
Jacqueline Arrowsmith, (202) 482–5255.
Matthew Renkey, (202) 482–2312.
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerces’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
VerDate Sep<11>2014
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.
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Jkt 244001
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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]]>Agencies
[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 98-100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28260]
-----------------------------------------------------------------------
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. 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.
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 (Commerce) 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 Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce 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. Commerce 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 Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce 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, Commerce 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 Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce 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 Commerce 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 Commerce may extend this time if it is reasonable to do
so. In order to provide parties additional certainty with respect to
when Commerce will exercise its discretion to extend this 90-day
deadline, interested parties are advised that, with regard to
[[Page 99]]
reviews requested on the basis of anniversary months on or after
January 2018, Commerce 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 Commerce to extend the 90-day deadline will be made
on a case-by-case basis.
Commerce is providing this notice on its website, as well as in its
``Opportunity to Request Administrative Review'' notices, so that
interested parties will be aware of the manner in which Commerce
intends to exercise its discretion in the future.
Opportunity to Request a Review: Not later than the last day of
January 2018,\1\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in January 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
Brazil: Prestressed Concrete Steel Wire Strand, A-351- 1/1/17-12/31/17
837.................................................
India: Prestressed Concrete Steel Wire Strand, A-533- 1/1/17-12/31/17
828.................................................
Mexico: Prestressed Concrete Steel Wire Strand, A-201- 1/1/17-12/31/17
831.................................................
Republic of Korea: Prestressed Concrete Steel Wire 1/1/17-12/31/17
Strand, A-580-852...................................
South Africa: Ferrovanadium, A-791-815............... 1/1/17-12/31/17
Thailand: Prestressed Concrete Steel Wire Strand, A- 1/1/17-12/31/17
549-820.............................................
The People's Republic of China: Calcium Hypochlorite, 1/1/17-12/31/17
A-570-008...........................................
The People's Republic of China: Carbon and Certain 1/1/17-12/31/17
Alloy Steel Wire Rod, A-570-012.....................
The People's Republic of China: Crepe Paper Products, 1/1/17-12/31/17
A-570-895...........................................
The People's Republic of China: Ferrovanadium, A-570- 1/1/17-12/31/17
873.................................................
The People's Republic of China: Folding Gift Boxes, A- 1/1/17-12/31/17
570- 866............................................
The People's Republic of China: Potassium 1/1/17-12/31/17
Permanganate, A-570-863.............................
The People's Republic of China: Wooden Bedroom 1/1/17-12/31/17
Furniture, A-570-890................................
Countervailing Duty Proceedings
The People's Republic of China: Calcium Hypochlorite, 1/1/17-12/31/17
C-570-009...........................................
The People's Republic of China: Carbon and Certain 1/1/17-12/31/17
Alloy Steel Wire Rod, C-570-013.....................
The People's Republic of China: Certain Oil Country 1/1/17-12/31/17
Tubular Goods, C-570-944............................
The People's Republic of China: Circular Welded 1/1/17-12/31/17
Carbon Quality Steel Line Pipe, C-570-936...........
Suspension Agreements
Russia: Certain Cut-to-Length Carbon Steel, A-821-808 1/1/17-12/31/17
------------------------------------------------------------------------
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 Commerce was unable to locate in prior
segments, Commerce 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), Commerce 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 website at https://trade.gov/enforcement/.
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Commerce 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
Commerce 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,
Commerce 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
[[Page 100]]
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, Commerce will
instruct CBP to liquidate entries for all exporters not named in the
initiation notice, including those that were suspended at the NME
entity rate.
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\3\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\4\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
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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Commerce 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 January 2018. If Commerce does not receive, by the
last day of January 2018, a request for review of entries covered by an
order, finding, or suspended investigation listed in this notice and
for the period identified above, Commerce will instruct CBP to assess
antidumping or countervailing duties on those entries at a rate equal
to the cash deposit of 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: December 22, 2017.
James Maeder,
Senior Director, performing the duties of Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-28260 Filed 12-29-17; 8:45 am]
BILLING CODE 3510-DS-P
