Initiation of Five-Year (Sunset) Reviews, 45887-45888 [2018-19766]

Download as PDF 45887 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 4. Discussion of the Methodology a. Preliminary Determination of No Shipments b. Non-Market Economy Country Status c. Separate Rates 5. Use of Application of Facts Otherwise Available 6. Use of Adverse Inference 7. Sample Rate Calculation 8. Surrogate Country 9. Date of Sale 10. Normal Value Comparisons 11. Factor Valuation Methodology 12. Comparisons to Normal Value 13. Currency Conversion 14. Recommendation In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) listed below. The International Trade Commission (the Commission) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s). SUMMARY: DATES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–19698 Filed 9–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DOC case No. A–533–823 A–588–857 A–834–807 A–307–820 ... ... ... ... daltland on DSKBBV9HB2PROD with NOTICES Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping and countervailing duty order(s): SUPPLEMENTARY INFORMATION: ITC case No. Country Product 731–TA–929 731–TA–919 731–TA–930 731–TA–931 India ............. Japan ........... Kazakhstan .. Venezuela .... Silicomanganese (3rd Review) ................................... Welded Large Diameter Line Pipe (3rd Review) ........ Silicomanganese (3rd Review) ................................... Silicomanganese (3rd Review) ................................... Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on Commerce’s website at the following address: http:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303.1 Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and 1 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 Applicable September 1, 2018. Background 18:49 Sep 10, 2018 Jkt 244001 Commerce contact completeness of that information.2 Parties must use the certification formats provided in 19 CFR 351.303(g).3 Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. On April 10, 2013, Commerce modified two regulations related to AD/ CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at http:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such 2 See section 782(b) of the Act. also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 3 See PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Jacqueline Jacqueline Jacqueline Jacqueline Arrowsmith, Arrowsmith, Arrowsmith, Arrowsmith, (202) (202) (202) (202) 482–5255. 482–5255. 482–5255. 482–5255. as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at http:// enforcement.trade.gov/frn/2013/ 1309frn/2013-22853.txt, prior to submitting factual information in these segments.5 Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). E:\FR\FM\11SEN1.SGM 11SEN1 daltland on DSKBBV9HB2PROD with NOTICES 45888 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Dated: August 30, 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. Information Required From Interested Parties DEPARTMENT OF COMMERCE Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.6 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the Commission’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). 6 See 19 CFR 351.218(d)(1)(iii). VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 [FR Doc. 2018–19766 Filed 9–10–18; 8:45 am] BILLING CODE 3510–DS–P 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45887-45888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19766]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the Department of Commerce (Commerce) is automatically initiating 
the five-year reviews (Sunset Reviews) of the antidumping and 
countervailing duty (AD/CVD) order(s) listed below. The International 
Trade Commission (the Commission) is publishing concurrently with this 
notice its notice of Institution of Five-Year Reviews which covers the 
same order(s).

DATES: Applicable September 1, 2018.

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For 
information from the Commission contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce's procedures for the conduct of Sunset Reviews are set 
forth in its Procedures for Conducting Five-Year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or 
analytical issues relevant to Commerce's conduct of Sunset Reviews is 
set forth in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

Initiation of Review

    In accordance with section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating the Sunset Reviews of the following antidumping and 
countervailing duty order(s):

--------------------------------------------------------------------------------------------------------------------------------------------------------
      DOC case No.             ITC case No.               Country                 Product                            Commerce contact
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-533-823..............  731-TA-929.............  India..................  Silicomanganese (3rd   Jacqueline Arrowsmith, (202) 482-5255.
                                                                            Review).
A-588-857..............  731-TA-919.............  Japan..................  Welded Large Diameter  Jacqueline Arrowsmith, (202) 482-5255.
                                                                            Line Pipe (3rd
                                                                            Review).
A-834-807..............  731-TA-930.............  Kazakhstan.............  Silicomanganese (3rd   Jacqueline Arrowsmith, (202) 482-5255.
                                                                            Review).
A-307-820..............  731-TA-931.............  Venezuela..............  Silicomanganese (3rd   Jacqueline Arrowsmith, (202) 482-5255.
                                                                            Review).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Commerce's 
regulations, Commerce's schedule for Sunset Reviews, a listing of past 
revocations and continuations, and current service lists, available to 
the public on Commerce's website at the following address: http://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews 
must be filed in accordance with Commerce's regulations regarding 
format, translation, and service of documents. These rules, including 
electronic filing requirements via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS), can be found at 19 CFR 351.303.\1\
---------------------------------------------------------------------------

    \1\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Any party submitting factual information in an AD/CVD proceeding 
must certify to the accuracy and completeness of that information.\2\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\3\ Commerce intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \2\ See section 782(b) of the Act.
    \3\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

    On April 10, 2013, Commerce modified two regulations related to AD/
CVD proceedings: The definition of factual information (19 CFR 
351.102(b)(21)), and the time limits for the submission of factual 
information (19 CFR 351.301).\4\ Parties are advised to review the 
final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these 
segments. To the extent that other regulations govern the submission of 
factual information in a segment (such as 19 CFR 351.218), these time 
limits will continue to be applied. Parties are also advised to review 
the final rule concerning the extension of time limits for submissions 
in AD/CVD proceedings, available at http://enforcement.trade.gov/frn/2013/1309frn/2013-22853.txt, prior to submitting factual information in 
these segments.\5\
---------------------------------------------------------------------------

    \4\ See Definition of Factual Information and Time Limits for 
Submission of Factual Information: Final Rule, 78 FR 21246 (April 
10, 2013).
    \5\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).
---------------------------------------------------------------------------

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), Commerce will maintain and make 
available a public service list for these proceedings. Parties wishing 
to participate in any of these five-year reviews must file letters of 
appearance as discussed at 19 CFR 351.103(d)). To facilitate the timely 
preparation of the public service list, it is requested that those 
seeking recognition as interested parties to a proceeding submit an 
entry of appearance within 10 days of the publication of the Notice of 
Initiation. Because deadlines in Sunset Reviews can be very short, we 
urge interested parties who want access to proprietary

[[Page 45888]]

information under administrative protective order (APO) to file an APO 
application immediately following publication in the Federal Register 
of this notice of initiation. Commerce's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306.

Information Required From Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to 
participate in a Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with Commerce's regulations, if we do 
not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, Commerce will 
automatically revoke the order without further review.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, Commerce's regulations provide that 
all parties wishing to participate in a Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that Commerce's information requirements are distinct from 
the Commission's information requirements. Consult Commerce's 
regulations for information regarding Commerce's conduct of Sunset 
Reviews. Consult Commerce's regulations at 19 CFR part 351 for 
definitions of terms and for other general information concerning 
antidumping and countervailing duty proceedings at Commerce.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: August 30, 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. 2018-19766 Filed 9-10-18; 8:45 am]
 BILLING CODE 3510-DS-P