Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 25429-25431 [2018-11814]
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
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regulations of the FTZ Board (15 CFR
400.22) was received on May 23, 2018.
Tesla, Inc. already has authority to
produce lithium-ion batteries, electric
motors, and stationary energy storage
systems within Subzone 126D. The
current request would add three foreign
status materials/components to the
scope of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreignstatus materials/components described
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt Tesla, Inc. from customs
duty payments on the foreign-status
materials/components used in export
production. On its domestic sales, for
the foreign-status materials/components
noted below, Tesla, Inc. would be able
to choose the duty rates during customs
entry procedures that apply to lithiumion batteries, electric motors, and
stationary energy storage systems (duty
rate ranges from 2.8 to 3.4%). Tesla, Inc.
would be able to avoid duty on foreignstatus components which become scrap/
waste. Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
The materials/components sourced
from abroad include lithium carbonate,
silicon composite material, and acrylic
copolymer (duty rate ranges from 3.7%
to 6.3%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
11, 2018.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: May 29, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–11819 Filed 5–31–18; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
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In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
Opportunity to Request A Review: Not
later than the last day of June 2018,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
June for the following periods:
Period of review
Antidumping Duty Proceedings
JAPAN: Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Over 4 1⁄2 Inches), A–588–850 ................................
JAPAN: Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 4 1⁄2 Inches),A–588–851 ...............................
MEXICO: Prestressed Concrete Steel Rail Tie Wire, A–201–843 ...............................................................................................
SPAIN: Chlorinated Isocyanurates, A–469–814 ...........................................................................................................................
SPAIN: Finished Carbon Steel Flanges, A–469–815 ...................................................................................................................
TAIWAN: Helical Spring Lock Washers, A–583–820 ....................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Artist Canvas, A–570–899 ...........................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Chlorinated Isocyanurates, A–570–898 ......................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Furfuryl Alcohol, A–570–835 .......................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: High Pressure Steel Cylinders, A–570–977 ................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Prestressed Concrete Steel Wire Strand, A–570–945 ................................................
THE PEOPLE’S REPUBLIC OF CHINA: Prestressed Concrete Steel Rail Tie Wire, A–570–990 ..............................................
THE PEOPLE’S REPUBLIC OF CHINA: Polyester Staple Fiber, A–570–905 .............................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Silicon Metal, A–570–806 ............................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Tapered Roller Bearings, A–570–601 .........................................................................
Countervailing Duty Proceedings
THE PEOPLE’S REPUBLIC OF CHINA: High Pressure Steel Cylinders, C–570–978 ................................................................
1/1/17–12/31/17
None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which was produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Note that, for any party Commerce
was unable to locate in prior segments,
Commerce will not accept a request for
an administrative review of that party
absent new information as to the party’s
location. Moreover, if the interested
party who files a request for review is
unable to locate the producer or
exporter for which it requested the
review, the interested party must
provide an explanation of the attempts
it made to locate the producer or
exporter at the same time it files its
request for review, in order for the
Secretary to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce clarified
its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.2
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.3 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.4 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.5
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Commerce is closed.
2 See also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
3 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
4 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
Suspension Agreements
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of June
2018. If Commerce does not receive, by
the last day of June 2018, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, Commerce will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: May 16, 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. 2018–11814 Filed 5–31–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No. 180507461–8461–01]
RIN 0625–XC039
Revisions and Clarifications to User
Fees for Export and Investment
Promotion Services/Events
International Trade
Administration, Department of
Commerce.
ACTION: Notice of revised user fees.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
The International Trade
Administration (ITA) recently
implemented new user fees for its
export and investment promotion
services/events in light of an
independent cost study, which
concluded that ITA was not fully
SUMMARY:
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covering its costs for providing services
under the prior fee structure. Federal
agencies are directed by Office of
Management and Budget (OMB)
Circular A–25 to ensure they recoup
their costs when providing certain
services. ITA is announcing revisions to
its export and investment promotion
User Fee Schedule, published on July
10, 2017.
DATES: This user fee schedule will be
effective on July 1, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Joe Carter, International Trade
Administration, Global Markets, Office
of Strategic Planning, 1400 Constitution
Avenue NW, Rm. 21022, Washington,
DC 20230, Phone: (202) 482–2484.
SUPPLEMENTARY INFORMATION:
Background
Section 6 of OMB Circular A–25
directs agencies to asses a user fee
‘‘when a service (or privilege) provides
special benefits to an identifiable
recipient beyond those that accrue to
the general public.’’ A ‘‘user fee’’ is the
amount paid by a recipient of a special
benefit beyond those benefits accruing
to the general public. A ‘‘special
benefit’’ may accrue and a user fee
should be imposed when a government
service: (a) Enables the beneficiary to
obtain more immediate or substantial
gains or values than those that accrue to
the general public; (b) is performed at
the request or for the convenience of the
recipient, and is beyond the services
regularly received by members of the
same industry or group or by the general
public; or (c) provides business stability
or contributes to public confidence in
the business activity of the beneficiary.
ITA offers export and investment
promotion services/events to U.S.
businesses that consist of Standardized
Fee Services/Events and NonStandardized Fee Services/Events. For
each of these services/events, fees are
collected according to the User Fee
Schedule that is made available on the
https://2016.export.gov/csuserfees/
website and agency publications. The
‘‘Standardized Fee Services/Events’’
listed in the User Fee Schedule are
services/events that are performed in
the same general manner by all field
units. Other ‘‘Non-Standardized Fee
Services/Events’’ entail substantive
variation of the scope of work with fees
based on the estimated level of effort
required and all direct costs incurred.
ITA is revising the user fees and
offerings for both Standardized Fee
Services/Events and Non-Standardized
Fee Services/Events based on questions
and concerns raised by ITA clients and
partners since the current fee schedule
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25431
was published on July 10, 2017 (82 FR
31752) that announced updates to the
ITA user fee schedule for export and
investment promotion services/events.
The revised User Fee Schedule below
lists the fee for each Standardized and
Non-Standardized Fee export and
investment promotion service/event.
Fees listed in the revised User Fee
Schedule are for ITA staff time only and
do not include other direct costs (i.e.,
transportation, venue rental, catering/
food, etc.), which will incur an
additional user fee to cover the full cost.
Summary of Revisions
The following services/events, which
were previously considered ‘‘Other
Customized Services/Events,’’ have
been added to the User Fee Schedule to
provide more clarity about ITA service/
event offerings (please see the
descriptions of these services/events in
the section below):
• Conference: Non-Standardized Fee
• Customized Market Research: NonStandardized Fee
• Foreign Buyer Delegation: NonStandardized Fee
• Official Letter: Standardized Fee
• Seminar: Non-Standardized Fee
• Seminar (Investment Promotion):
Non-Standardized Fee
• Trade Event: Non-Standardized Fee
• Trade Event (Investment Promotion):
Non-Standardized Fee
• Virtual Fair: Non-Standardized Fee
• Virtual Introduction: Standardized
Fee
The following services/events have
been renamed:
• Certified Trade Mission: previously
listed as ‘‘Certified Trade/Investment
Mission’’
• Contact List: previously listed as
‘‘Verified Contact List’’
• Facilitated Investment Mission:
previously listed as ‘‘Certified Trade/
Investment Mission’’
• Other Services/Events: previously
listed as ‘‘Other Customized Services/
Events’’
The following services/events have
been removed:
• Investment Promotion—Gold Key
Service: this fee was inadvertently
listed
In addition, the following
clarifications have been made to the fees
previously listed in GM’s User Fee
Schedule:
• Certified Trade Mission: Converted
to a Non-Standardized Fee Service/
Event, except for any Gold Key Service
or Initial Market Check provided to
participants, given substantial variations
in the scope of activities performed that
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]]>Agencies
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25429-25431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11814]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 21 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this antidumping proceeding (i.e.,
investigation, administrative review, new shipper review or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to (a) identify which
companies subject to review previously were collapsed, and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.
[[Page 25430]]
Opportunity to Request A Review: Not later than the last day of
June 2018,\1\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in June for the following periods:
---------------------------------------------------------------------------
\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Commerce is
closed.
------------------------------------------------------------------------
Period of review
------------------------------------------------------------------------
Antidumping Duty Proceedings
JAPAN: Carbon and Alloy Seamless Standard, Line and 6/1/17-5/31/18
Pressure Pipe (Over 4 \1/2\ Inches), A-588-850......
JAPAN: Carbon and Alloy Seamless Standard, Line and 6/1/17-5/31/18
Pressure Pipe (Under 4 \1/2\ Inches),A-588-851......
MEXICO: Prestressed Concrete Steel Rail Tie Wire, A- 6/1/17-5/31/18
201-843.............................................
SPAIN: Chlorinated Isocyanurates, A-469-814.......... 6/1/17-5/31/18
SPAIN: Finished Carbon Steel Flanges, A-469-815...... 2/8/17-5/31/18
TAIWAN: Helical Spring Lock Washers, A-583-820....... 6/1/17-5/31/18
THE PEOPLE'S REPUBLIC OF CHINA: Artist Canvas, A-570- 6/1/17-5/31/18
899.................................................
THE PEOPLE'S REPUBLIC OF CHINA: Chlorinated 6/1/17-5/31/18
Isocyanurates, A-570-898............................
THE PEOPLE'S REPUBLIC OF CHINA: Furfuryl Alcohol, A- 6/1/17-5/31/18
570-835.............................................
THE PEOPLE'S REPUBLIC OF CHINA: High Pressure Steel 6/1/17-5/31/18
Cylinders, A-570-977................................
THE PEOPLE'S REPUBLIC OF CHINA: Prestressed Concrete 6/1/17-5/31/18
Steel Wire Strand, A-570-945........................
THE PEOPLE'S REPUBLIC OF CHINA: Prestressed Concrete 6/1/17-5/31/18
Steel Rail Tie Wire, A-570-990......................
THE PEOPLE'S REPUBLIC OF CHINA: Polyester Staple 6/1/17-5/31/18
Fiber, A-570-905....................................
THE PEOPLE'S REPUBLIC OF CHINA: Silicon Metal, A-570- 6/1/17-5/31/18
806.................................................
THE PEOPLE'S REPUBLIC OF CHINA: Tapered Roller 6/1/17-5/31/18
Bearings, A-570-601.................................
Countervailing Duty Proceedings
THE PEOPLE'S REPUBLIC OF CHINA: High Pressure Steel 1/1/17-12/31/17
Cylinders, C-570-978................................
------------------------------------------------------------------------
Suspension Agreements
None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\2\
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\2\ See also the Enforcement and Compliance website at https://trade.gov/enforcement/.
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Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\3\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of the NME entity.\4\ In administrative reviews of antidumping
duty orders on merchandise from NME countries where a review of the NME
entity has not been initiated, but where an individual exporter for
which a review was initiated does not qualify for a separate rate,
Commerce will issue a final decision indicating that the company in
question is part of the NME entity. However, in that situation, because
no review of the NME entity was conducted, the NME entity's entries
were not subject to the review and the rate for the NME entity is not
subject to change as a result of that review (although the rate for the
individual exporter may change as a function of the finding that the
exporter is part of the NME entity). Following initiation of an
antidumping administrative review when there is no review requested of
the NME entity, Commerce will instruct CBP to liquidate entries for all
exporters not named in the initiation notice, including those that were
suspended at the NME entity rate.
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\3\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\4\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\5\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and
[[Page 25431]]
each exporter or producer specified in the request.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of June 2018. If Commerce does not receive, by the last
day of June 2018, a request for review of entries covered by an order,
finding, or suspended investigation listed in this notice and for the
period identified above, Commerce will instruct CBP to assess
antidumping or countervailing duties on those entries at a rate equal
to the cash deposit of estimated antidumping or countervailing duties
required on those entries at the time of entry, or withdrawal from
warehouse, for consumption and to continue to collect the cash deposit
previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: May 16, 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. 2018-11814 Filed 5-31-18; 8:45 am]
BILLING CODE 3510-DS-P
