Initiation of Antidumping and Countervailing Duty Administrative Reviews, 19215-19219 [2018-09311]
Download as PDF
Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices
of the AD order on potassium
permanganate from China with respect
to other companies, we are rescinding
the administrative review covering the
period January 1, 2017, through
December 31, 2018, in full, in
accordance with 19 CFR 351.213(d)(1).
Dated: April 26, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Assessment
BILLING CODE 3510–DS–P
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of potassium permanganate from
China during the POR at rates equal to
the cash deposit rate for estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
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Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
[FR Doc. 2018–09308 Filed 5–1–18; 8:45 am]
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
(Commerce) has received requests to
conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with March
anniversary dates. In accordance with
Commerce’s regulations, we are
initiating those administrative reviews.
DATES: Applicable May 2, 2018.
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
Commerce 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 March
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce 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 Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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19215
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 Commerce’s service
list.
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 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 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 has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., 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 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 (e.g., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
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
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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 Commerce considered collapsing
that entity, complete Q&V data for that
collapsed entity must be submitted.
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Revised Respondent Selection—
Multilayered Wood Flooring From the
People’s Republic of China
The respondent selection procedures
outlined in the February 23, 2018 notice
initiating the sixth administrative
review of the antidumping duty order
on multilayered wood flooring (MLWF)
from the People’s Republic of China
(China) covering the period 12/01/2016–
11/30/2017,2 are revised as follows.
With respect to the sixth administrative
review of MLWF from China, the
February 23, 2018 notice indicated that,
in the event Commerce limits the
number of respondents for individual
examination, Commerce intended to
select respondents based on CBP data
for U.S. imports of MLWF from China
during the period of review.
Subsequently, Commerce placed the
CBP data on the record of the sixth
administrative review of MLWF from
China, and solicited and received
comments. However, as noted below,
the China-wide entity, which is under
review,3 was inadvertently excluded
from the February 23, 2018 notice.
Therefore, upon further consideration,
to ensure parties are not disadvantaged
by this inadvertent omission at this
stage of the review, and in the event
Commerce limits the number of
respondents for individual examination,
Commerce finds it appropriate to select
respondents based on volume data
contained in responses to quantity and
value questionnaires. Further,
Commerce intends to limit the number
of Q&V questionnaires issued in the
review based on the CBP data for U.S.
imports already on the record. Parties
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
8058 (February 23, 2018).
3 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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will be given an additional period of
time to comment on the CBP data used
by Commerce to limit the number of
Q&V questionnaires issued. Commerce
invites comments regarding the CBP
data and our intended respondent
selection procedures within five days of
the publication of this notice in the
Federal Register. Commerce intends to
issue the Q&V questionnaire to the top
ten companies listed in the CBP data by
volume, and additionally intends to
issue a Q&V questionnaire to the Chinawide entity, care of the Embassy of
China in the United States. Parties
subject to the review to which
Commerce does not issue a Q&V
questionnaire may file a response to the
Q&V questionnaire if they desire to be
included in the pool of companies from
which Commerce will select mandatory
respondents. The Q&V questionnaire
will also be available on Commerce’s
website at https://trade.gov/enforcement/
news.asp on the date of publication of
this notice in the Federal Register. All
responses to the Q&V questionnaire
must be submitted by the applicable
deadline noted therein.
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 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 Commerce 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 Commerce 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, Commerce
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
Commerce’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, Commerce analyzes each entity
exporting the subject merchandise. In
accordance with the separate rates
criteria, Commerce 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, Commerce 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 Commerce’s website at
https://enforcement.trade.gov/nme/nmesep-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 Commerce 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 4 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
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
4 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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their official company name,5 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 Commerce’s website at
https://enforcement.trade.gov/nme/nmesep-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
Commerce 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 foreignowned 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,
these exporters and producers will no
19217
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 March 31, 2019.
Period to be
Reviewed
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Antidumping Duty Proceedings
Brazil: Certain Uncoated Paper, A–351–842 ................................................................................................................................
Suzano Papel e Celulose S.A.
India: Certain New Pneumatic Off-the-Road Tires, A–533–869 ...................................................................................................
ATC Tires Private Limited
Indonesia: Certain Uncoated Paper, A–560–828 ..........................................................................................................................
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Portugal: Certain Uncoated Paper, A–471–807 ............................................................................................................................
The Navigator Company, S.A.
Spain: Stainless Steel Bar, A–469–805 ........................................................................................................................................
Sidenor Aceros Especiales S.L.
Thailand: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ......................................................................................
Apex International Logistics
Aquatec Maxcon Asia
Asian Unity Part Co., Ltd.
CSE Technologies Co., Ltd.
Expeditors Ltd.
K Line Logistics
Pacific Pipe Public Company Limited (also known as Pacific Pipe Company)
Pacific Pipe and Pump
Panalpina World Transport Ltd.
Polypipe Engineering Co., Ltd.
Saha Thai Steel Pipe (Public) Company, Ltd.
Siam Fittings Co., Ltd.
Siam Steel Pipe Co., Ltd.
Thai Malleable Iron and Steel
Thai Oil Group
Thai Premium Pipe Co., Ltd.
Vatana Phaisal Engineering Company
The People’s Republic of China: Glycine, A–570–836 .................................................................................................................
Avid Organics Pvt. Ltd.
Baoding Mantong Fine Chemistry Co., Ltd.
Kumar Industries
Rudraa International
Salvi Chemical Industries
The People’s Republic of China: Multilayered Wood Flooring, A–570–970 .................................................................................
The China-Wide Entity 6
Countervailing Duty Proceedings
India: Certain New Pneumatic Off-the-Road Tires, C–533–870 ...................................................................................................
ATC Tires Private Limited
Balkrishna Industries Limited
Indonesia: Certain Uncoated Paper, C–560–829 .........................................................................................................................
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Turkey: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ........................................................................................
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Birlesik Boru Fabrikalair San ve Tic.
Borusan Istikbal Ticaret T.A.S.
Borusan Gemlik Boru Tesisleri A.S.
Borusan Ihacat Ithalat ve Dagitim A.S.
5 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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3/1/17–2/28/18
3/1/17–2/28/18
3/1/17–2/28/18
3/1/17–2/28/18
3/1/17–2/28/18
12/1/16–11/30/17
6/20/16–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
new trade names may be submitted via a Separate
Rate Certification.
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Period to be
Reviewed
Borusan Ithicat ve Dagitim A.S.
Tubeco Pipe and Steel Corporation, Borusan Holding
Borusan Holding
Borusan Mannesmann Yatirim Holding
Cagil Makina Sanayi ve Ticaret A.S.
Cayirova Boru Sanayi ve Ticaret A.S.
Cimtas Boru Imalatlari ve Ticaret Sirketi
Eksen Makina
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
Guner Eksport
Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.)
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul
Net Boru Sanayi ve Dis Ticaret Koll. Sti.
Toscelik Metal Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Born Sanayii A.S., also known as Umran Steel Pipe Inc.
Yucel Boru ve Profil Endustrisi A.S.
Yucelboru Ihracat Ithalat ve Pazarlama A.S.
Suspension Agreements
Mexico: Fresh Tomatoes, A–201–820 ..........................................................................................................................................
Duty Absorption Reviews
During any administrative review
covering all or part of a period falling
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
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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
6 Commerce inadvertently omitted the ChinaWide Entity from the Initiation Notice which
published on February 23, 2018 (83 FR 8058).
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administrative protective orders in
accordance with the procedures
outlined in Commerce’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
Commerce’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 Commerce; 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.
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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.7 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.8 Commerce
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
7 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.
8 See
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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, Commerce 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, Commerce 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 Commerce 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: April 26, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–09311 Filed 5–1–18; 8:45 am]
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BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Amended Final Results of
Countervailing Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the countervailing duty
administrative review of certain
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) to correct
ministerial errors. The period of review
(POR) is December 1, 2014, through
December 31, 2015.
DATES: Applicable May 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–4261.
AGENCY:
Background
In accordance with section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(b)(5), on
March 16, 2018, Commerce published
its final results of the countervailing
duty administrative review of passenger
tires from China.1 On March 15, 2018,
Shandong Shuangwang Rubber Co., Ltd.
(Shandong Shuangwang) submitted a
request to correct a clerical error in the
Final Results.2 On March 28, 2018, GITI
Tire Global Trading Pte. Ltd./GITI Tire
(USA) Ltd./GITI Radial Tire (Anhui)
Company Ltd. (GITI Anhui Radial)/GITI
Tire (Fujian) Company Ltd (GITI
Fujian)/GITI Tire (Hualin) Company
Ltd. (GITI Hualin) (collectively, GITI)
timely alleged that Commerce made four
ministerial errors in the Final Results.3
1 See Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2014–
2015, 83 FR 11694 (March 16, 2018) (Final Results).
2 See Shandong Shuangwang’s Letter, ‘‘Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China—Request to Correct
Clerical Error in Final Results of Countervailing
Duty Administrative Review,’’ dated March 15,
2018 (Shandong Shuangwang Ministerial
Comments).
3 See GITI’s Letter, ‘‘Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Ministerial Error Comments—Giti Tire Global
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
19219
No other parties submitted ministerial
error allegations or comments on
Shandong Shuangwang’s or GITI’s
allegations.
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from China. A full description of
the scope of the order is contained in
the Ministerial Errors Memorandum.4
Ministerial Errors
Section 751(h) of the Act and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial. As discussed in Commerce’s
Ministerial Error Memorandum,
Commerce finds that the error alleged
by Shandong Shuangwang and certain
errors alleged by GITI constitute
ministerial errors within the meaning of
19 CFR 351.224(f).5
With regard to Shandong
Shuangwang, in the Final Results, the
company’s name, as listed in Appendix
II, the list of Non-Selected Companies
Under Review, contained a misspelling
of ‘‘Shandong’’ as ‘‘Shangong.’’ The
correct full name of the company
without the misspelling is ‘‘Shandong
Shuangwang Rubber Co., Ltd.’’ This
notice serves to correct the incorrect
exporter company name listed as a nonselected company in the Final Results.
With regard to GITI, we made
ministerial errors with regard to
calculating the sales denominator for
GITI Tire (China) Investment Co., Ltd.,
calculating government grants, and
applying the Adverse Facts Available
Rate to the Export Buyer’s Credits
program.6
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results to correct
the ministerial errors. Specifically, we
are amending the net subsidy rates for
GITI, Cooper (Kunshan) Tire Co., Ltd.
(Cooper), Zhongce Rubber Group
Company Limited, and for the nonTrading Pte. Ltd.’’ dated March 28, 2018 (GITI
Ministerial Comments).
4 See Memorandum ‘‘Administrative Review of
the Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: Decision Memorandum for
Amended Final Results,’’ dated concurrently and
herby adopted by this notice (Decision
Memorandum) for a full description of the scope of
the order.
5 See Decision Memorandum.
6 Id. for a full discussion of these alleged errors.
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19215-19219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09311]
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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 (Commerce) has received requests to
conduct administrative reviews of various antidumping and
countervailing duty orders and findings with March anniversary dates.
In accordance with Commerce's regulations, we are initiating those
administrative reviews.
DATES: Applicable May 2, 2018.
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
Commerce 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 March anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by Commerce 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 Commerce within 30 days of publication of this notice in the
Federal Register. All submissions must be filed electronically at
https://access.trade.gov 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 Commerce's service list.
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\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 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 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 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 has found that determinations concerning
whether particular companies should be ``collapsed'' (e.g., 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 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 (e.g., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this 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
[[Page 19216]]
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 Commerce
considered collapsing that entity, complete Q&V data for that collapsed
entity must be submitted.
Revised Respondent Selection--Multilayered Wood Flooring From the
People's Republic of China
The respondent selection procedures outlined in the February 23,
2018 notice initiating the sixth administrative review of the
antidumping duty order on multilayered wood flooring (MLWF) from the
People's Republic of China (China) covering the period 12/01/2016-11/
30/2017,\2\ are revised as follows. With respect to the sixth
administrative review of MLWF from China, the February 23, 2018 notice
indicated that, in the event Commerce limits the number of respondents
for individual examination, Commerce intended to select respondents
based on CBP data for U.S. imports of MLWF from China during the period
of review. Subsequently, Commerce placed the CBP data on the record of
the sixth administrative review of MLWF from China, and solicited and
received comments. However, as noted below, the China-wide entity,
which is under review,\3\ was inadvertently excluded from the February
23, 2018 notice. Therefore, upon further consideration, to ensure
parties are not disadvantaged by this inadvertent omission at this
stage of the review, and in the event Commerce limits the number of
respondents for individual examination, Commerce finds it appropriate
to select respondents based on volume data contained in responses to
quantity and value questionnaires. Further, Commerce intends to limit
the number of Q&V questionnaires issued in the review based on the CBP
data for U.S. imports already on the record. Parties will be given an
additional period of time to comment on the CBP data used by Commerce
to limit the number of Q&V questionnaires issued. Commerce invites
comments regarding the CBP data and our intended respondent selection
procedures within five days of the publication of this notice in the
Federal Register. Commerce intends to issue the Q&V questionnaire to
the top ten companies listed in the CBP data by volume, and
additionally intends to issue a Q&V questionnaire to the China-wide
entity, care of the Embassy of China in the United States. Parties
subject to the review to which Commerce does not issue a Q&V
questionnaire may file a response to the Q&V questionnaire if they
desire to be included in the pool of companies from which Commerce will
select mandatory respondents. The Q&V questionnaire will also be
available on Commerce's website at https://trade.gov/enforcement/news.asp on the date of publication of this notice in the Federal
Register. All responses to the Q&V questionnaire must be submitted by
the applicable deadline noted therein.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018).
\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).
---------------------------------------------------------------------------
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 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 Commerce 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 Commerce 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,
Commerce 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 Commerce'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, Commerce analyzes each entity exporting the subject
merchandise. In accordance with the separate rates criteria, Commerce
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, Commerce 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 Commerce's website 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 Commerce 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 \4\ 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 limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to
[[Page 19217]]
their official company name,\5\ 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
Commerce's website 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 Commerce 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.
---------------------------------------------------------------------------
\4\ 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.
\5\ 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.
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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 March 31, 2019.
------------------------------------------------------------------------
Period to be
Reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
Brazil: Certain Uncoated Paper, A-351-842............ 3/1/17-2/28/18
Suzano Papel e Celulose S.A.
India: Certain New Pneumatic Off-the-Road Tires, A- 2/2/17-2/28/18
533-869.............................................
ATC Tires Private Limited
Indonesia: Certain Uncoated Paper, A-560-828......... 3/1/17-2/28/18
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Portugal: Certain Uncoated Paper, A-471-807.......... 3/1/17-2/28/18
The Navigator Company, S.A.
Spain: Stainless Steel Bar, A-469-805................ 3/1/17-2/28/18
Sidenor Aceros Especiales S.L.
Thailand: Circular Welded Carbon Steel Pipes and 3/1/17-2/28/18
Tubes, A-549-502....................................
Apex International Logistics
Aquatec Maxcon Asia
Asian Unity Part Co., Ltd.
CSE Technologies Co., Ltd.
Expeditors Ltd.
K Line Logistics
Pacific Pipe Public Company Limited (also known
as Pacific Pipe Company)
Pacific Pipe and Pump
Panalpina World Transport Ltd.
Polypipe Engineering Co., Ltd.
Saha Thai Steel Pipe (Public) Company, Ltd.
Siam Fittings Co., Ltd.
Siam Steel Pipe Co., Ltd.
Thai Malleable Iron and Steel
Thai Oil Group
Thai Premium Pipe Co., Ltd.
Vatana Phaisal Engineering Company
The People's Republic of China: Glycine, A-570-836... 3/1/17-2/28/18
Avid Organics Pvt. Ltd.
Baoding Mantong Fine Chemistry Co., Ltd.
Kumar Industries
Rudraa International
Salvi Chemical Industries
The People's Republic of China: Multilayered Wood 12/1/16-11/30/17
Flooring, A-570-970.................................
The China-Wide Entity \6\
Countervailing Duty Proceedings
India: Certain New Pneumatic Off-the-Road Tires, C- 6/20/16-12/31/17
533-870.............................................
ATC Tires Private Limited
Balkrishna Industries Limited
Indonesia: Certain Uncoated Paper, C-560-829......... 1/1/17-12/31/17
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Turkey: Circular Welded Carbon Steel Pipes and Tubes, 1/1/17-12/31/17
C-489-502...........................................
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Birlesik Boru Fabrikalair San ve Tic.
Borusan Istikbal Ticaret T.A.S.
Borusan Gemlik Boru Tesisleri A.S.
Borusan Ihacat Ithalat ve Dagitim A.S.
[[Page 19218]]
Borusan Ithicat ve Dagitim A.S.
Tubeco Pipe and Steel Corporation, Borusan
Holding
Borusan Holding
Borusan Mannesmann Yatirim Holding
Cagil Makina Sanayi ve Ticaret A.S.
Cayirova Boru Sanayi ve Ticaret A.S.
Cimtas Boru Imalatlari ve Ticaret Sirketi
Eksen Makina
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
Guner Eksport
Guven Steel Pipe (also known as Guven Celik Born
San. Ve Tic. Ltd.)
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S.
Istanbul
Net Boru Sanayi ve Dis Ticaret Koll. Sti.
Toscelik Metal Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Born Sanayii A.S., also known as
Umran Steel Pipe Inc.
Yucel Boru ve Profil Endustrisi A.S.
Yucelboru Ihracat Ithalat ve Pazarlama A.S.
Suspension Agreements
Mexico: Fresh Tomatoes, A-201-820.................... 3/1/17-2/28/18
------------------------------------------------------------------------
Duty Absorption Reviews
During any administrative review covering all or part of a period
falling 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.
---------------------------------------------------------------------------
\6\ Commerce inadvertently omitted the China-Wide Entity from
the Initiation Notice which published on February 23, 2018 (83 FR
8058).
---------------------------------------------------------------------------
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 Commerce'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
Commerce'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 Commerce; 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.\7\ 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.\8\ Commerce
intends to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable revised certification
requirements.
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\7\ See section 782(b) of the Act.
\8\ 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.
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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
[[Page 19219]]
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, Commerce 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, Commerce 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 Commerce 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: April 26, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-09311 Filed 5-1-18; 8:45 am]
BILLING CODE 3510-DS-P