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. daltland on DSKBBV9HB2PROD with NOTICES 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 http://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). VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02MYN1.SGM 02MYN1 19216 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 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. daltland on DSKBBV9HB2PROD with NOTICES 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). VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 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 http://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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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. E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 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 http://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 daltland on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 a Separate Rate Application. Information regarding PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 3/1/17–2/28/18 2/2/17–2/28/18 3/1/17–2/28/18 3/1/17–2/28/18 3/1/17–2/28/18 3/1/17–2/28/18 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. E:\FR\FM\02MYN1.SGM 02MYN1 19218 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 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 daltland on DSKBBV9HB2PROD with NOTICES 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). VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 3/1/17–2/28/18 Please review the final rule, available at http://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 http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 8 See E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 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 http:// 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] daltland on DSKBBV9HB2PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 22:14 May 01, 2018 Jkt 244001 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 
http://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).
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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 http://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).
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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 http://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 http://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.
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    \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 http://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 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit 
established under Part 351 expires, or as otherwise specified by the 
Secretary. See 19 CFR 351.302. In general, an extension request will be 
considered untimely if it is filed after the time limit established 
under Part 351 expires. For submissions which are due from multiple 
parties simultaneously, an

[[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 http://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