Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 62293-62296 [2018-26169]
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices
62293
Department contact
Countervailing Duty Proceedings
New Pneumatic Off-The-Road Tires from China (C–570–913) (2nd Review) ...................................
Raw Flexible Magnets from China (C–570–923) (2nd Review) .........................................................
Certain Hot-Rolled Carbon Steel Flat Products from India (C–533–821) (3rd Review) .....................
Certain Hot-Rolled Carbon Steel Flat Products from Indonesia (C–533–813) (3rd Review) .............
Certain Hot-Rolled Carbon Steel Flat Products from Thailand (C–549–818) (3rd Review) ...............
Suspended Investigations
FOR FURTHER INFORMATION CONTACT:
No Sunset Review of suspended
investigations is scheduled for initiation
in January 2019.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation.
This notice is not required by statute,
but is published as a service to the
international trading community.
Dated: November 27, 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. 2018–26171 Filed 11–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
khammond on DSK30JT082PROD with NOTICES
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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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
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Jacqueline Arrowsmith, (202) 482–5255.
Joshua Poole, (202) 482–1293.
Joshua Poole, (202) 482–1293.
Joshua Poole, (202) 482–1293.
Jacqueline Arrowsmith, (202) 482–5255.
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
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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.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(v). If
Commerce finds that a PMS exists under
section 773(e) of the Act, then it will
modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(v) set a deadline for
the submission of PMS allegations and
supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
Section D responses.
Opportunity to Request a Review: Not
later than the last day of December
2018,2 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
December for the following periods:
khammond on DSK30JT082PROD with NOTICES
Period of review
Antidumping duty proceedings
BRAZIL: Carbon Steel Butt-Weld Pipe Fittings, A–351–602 ..............................................................................................
CHILE: Certain Preserved Mushrooms, A–337–804 ..........................................................................................................
GERMANY: Non-Oriented Electrical Steel, A–428–843 .....................................................................................................
INDIA:
Carbazole Violet Pigment 23, A–533–838 ...................................................................................................................
Certain Hot-Rolled Carbon Steel Flat Products, A–533–820 ......................................................................................
Commodity Matchbooks, A–533–848 ..........................................................................................................................
Stainless Steel Wire Rod, A–533–808 .........................................................................................................................
INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, A–560–812 ........................................................................
JAPAN:
Prestressed Concrete Steel Wire Strand, A–588–068 ................................................................................................
Non-Oriented Electrical Steel, A–588–872 ..................................................................................................................
Welded Large Diameter Line Pipe, A–588–857 ..........................................................................................................
OMAN: Circular Welded Carbon-Quality Steel Pipe, A–523–812 ......................................................................................
PAKISTAN: Circular Welded Carbon-Quality Steel Pipe, A–553–903 ...............................................................................
REPUBLIC OF KOREA:
Non-Oriented Electrical Steel, A–580–872 ..................................................................................................................
Welded Astm A–312 Stainless Steel Pipe, A–580–810 ..............................................................................................
Welded Line Pipe, A–580–876 .....................................................................................................................................
RUSSIA: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products, A–821–809 ......................................................
SOCIALIST REPUBLIC OF VIETNAM: Uncovered Innerspring Units, A–552–803 ...........................................................
SOUTH AFRICA: Uncovered Innerspring Units, A–791–821 .............................................................................................
SWEDEN: Non-Oriented Electrical Steel, A–401–809 ........................................................................................................
TAIWAN:
Carbon Steel Butt-Weld Pipe Fittings, A–583–605 ......................................................................................................
Non-Oriented Electrical Steel, A–583–851 ..................................................................................................................
Steel Wire Garment Hangers, A–583–849 ..................................................................................................................
Welded Astm A–312 Stainless Steel Pipe, A–583–815 ..............................................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Carbazole Violet Pigment 23, A–570–892 ...................................................................................................................
Cased Pencils, A–570–827 ..........................................................................................................................................
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, A–570–979 ...................................
Hand Trucks and Certain Parts Thereof, A–570–891 .................................................................................................
Honey, A–570–863 .......................................................................................................................................................
Malleable Cast Iron Pipe Fittings, A–570–881 .............................................................................................................
Melamine, A–570–020 ..................................................................................................................................................
Multilayered Wood Flooring, A–570–970 .....................................................................................................................
Non-Oriented Electrical Steel, A–570–996 ..................................................................................................................
Porcelain-On-Steel Cooking Ware, A–570–506 ...........................................................................................................
Silicomanganese, A–570–828 ......................................................................................................................................
TURKEY: Welded Line Pipe, A–489–822 ...........................................................................................................................
UNITED ARAB EMIRATES: Circular Welded Carbon-Quality Steel Pipe A–520–807 ......................................................
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
12/1/17–11/30/18
Countervailing Duty Proceedings
INDIA:
Carbazole Violet Pigment 23, C–533–839, ..................................................................................................................
Certain Hot-Rolled Carbon Steel Flat Products, C–533–821 ......................................................................................
1/1/17–12/31/17
1/1/17–12/31/17
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices
62295
khammond on DSK30JT082PROD with NOTICES
Period of review
Commodity Matchbooks, C–533–849 ..........................................................................................................................
INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, C–560–813 .......................................................................
TAIWAN: Non-Oriented Electrical Steel, C–583–852 .........................................................................................................
THAILAND: Certain Hot-Rolled Carbon Steel Flat Products, C–549–818 .........................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, C–570–980 ..................................
Melamine, C–570–021 .................................................................................................................................................
Non-Oriented Electrical Steel, C–570–997 ..................................................................................................................
Multilayered Wood Flooring, C–570–971 .....................................................................................................................
TURKEY: Welded Line Pipe, C–489–823 ...........................................................................................................................
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
Suspension Agreements
MEXICO:
Sugar, A–201–845 ........................................................................................................................................................
Sugar, C–201–846 .......................................................................................................................................................
12/1/17–11/30/18
1/1/17–12/31/17
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which was produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Note that, for any party Commerce
was unable to locate in prior segments,
Commerce will not accept a request for
an administrative review of that party
absent new information as to the party’s
location. Moreover, if the interested
party who files a request for review is
unable to locate the producer or
exporter for which it requested the
review, the interested party must
provide an explanation of the attempts
it made to locate the producer or
exporter at the same time it files its
request for review, in order for the
Secretary to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
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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.3
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.4 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.5 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
3 See also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
4 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).
5 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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1/1/17–12/31/17
1/1/17–12/31/17
1/1/17–12/31/17
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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.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of
December 2018. If Commerce does not
receive, by the last day of December
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,
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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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: November 27, 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. 2018–26169 Filed 11–30–18; 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:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s):
DOC case
No.
ITC case No.
Country
Product
Commerce
contact
A–570–909 ...
731–TA–1114 ...
China .............................................
Steel Nails (2nd Review) ...............
Matthew Renkey (202) 482–2312.
Filing Information
khammond on DSK30JT082PROD with NOTICES
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 (December 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:
SUMMARY:
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: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
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
completeness of that information.2
Parties must use the certification
1 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
2 See section 782(b) of the Act.
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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 https://
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 https://
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
https://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).
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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
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
5 See Extension of Time Limits, 78 FR 57790
(September 20, 2013).
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Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62293-62296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26169]
-----------------------------------------------------------------------
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
[[Page 62294]]
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.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(v). If Commerce
finds that a PMS exists under section 773(e) of the Act, then it will
modify its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity to Request a Review: Not later than the last day of
December 2018,\2\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in December for the following periods:
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\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
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Period of review
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Antidumping duty proceedings
BRAZIL: Carbon Steel Butt-Weld Pipe Fittings, A- 12/1/17-11/30/18
351-602.......................................
CHILE: Certain Preserved Mushrooms, A-337-804.. 12/1/17-11/30/18
GERMANY: Non-Oriented Electrical Steel, A-428- 12/1/17-11/30/18
843...........................................
INDIA:
Carbazole Violet Pigment 23, A-533-838..... 12/1/17-11/30/18
Certain Hot-Rolled Carbon Steel Flat 12/1/17-11/30/18
Products, A-533-820.......................
Commodity Matchbooks, A-533-848............ 12/1/17-11/30/18
Stainless Steel Wire Rod, A-533-808........ 12/1/17-11/30/18
INDONESIA: Certain Hot-Rolled Carbon Steel Flat 12/1/17-11/30/18
Products, A-560-812...........................
JAPAN:
Prestressed Concrete Steel Wire Strand, A- 12/1/17-11/30/18
588-068...................................
Non-Oriented Electrical Steel, A-588-872... 12/1/17-11/30/18
Welded Large Diameter Line Pipe, A-588-857. 12/1/17-11/30/18
OMAN: Circular Welded Carbon-Quality Steel 12/1/17-11/30/18
Pipe, A-523-812...............................
PAKISTAN: Circular Welded Carbon-Quality Steel 12/1/17-11/30/18
Pipe, A-553-903...............................
REPUBLIC OF KOREA:
Non-Oriented Electrical Steel, A-580-872... 12/1/17-11/30/18
Welded Astm A-312 Stainless Steel Pipe, A- 12/1/17-11/30/18
580-810...................................
Welded Line Pipe, A-580-876................ 12/1/17-11/30/18
RUSSIA: Certain Hot-Rolled Flat-Rolled Carbon- 12/1/17-11/30/18
Quality Steel Products, A-821-809.............
SOCIALIST REPUBLIC OF VIETNAM: Uncovered 12/1/17-11/30/18
Innerspring Units, A-552-803..................
SOUTH AFRICA: Uncovered Innerspring Units, A- 12/1/17-11/30/18
791-821.......................................
SWEDEN: Non-Oriented Electrical Steel, A-401- 12/1/17-11/30/18
809...........................................
TAIWAN:
Carbon Steel Butt-Weld Pipe Fittings, A-583- 12/1/17-11/30/18
605.......................................
Non-Oriented Electrical Steel, A-583-851... 12/1/17-11/30/18
Steel Wire Garment Hangers, A-583-849...... 12/1/17-11/30/18
Welded Astm A-312 Stainless Steel Pipe, A- 12/1/17-11/30/18
583-815...................................
THE PEOPLE'S REPUBLIC OF CHINA:
Carbazole Violet Pigment 23, A-570-892..... 12/1/17-11/30/18
Cased Pencils, A-570-827................... 12/1/17-11/30/18
Crystalline Silicon Photovoltaic Cells, 12/1/17-11/30/18
Whether or Not Assembled Into Modules, A-
570-979...................................
Hand Trucks and Certain Parts Thereof, A- 12/1/17-11/30/18
570-891...................................
Honey, A-570-863........................... 12/1/17-11/30/18
Malleable Cast Iron Pipe Fittings, A-570- 12/1/17-11/30/18
881.......................................
Melamine, A-570-020........................ 12/1/17-11/30/18
Multilayered Wood Flooring, A-570-970...... 12/1/17-11/30/18
Non-Oriented Electrical Steel, A-570-996... 12/1/17-11/30/18
Porcelain-On-Steel Cooking Ware, A-570-506. 12/1/17-11/30/18
Silicomanganese, A-570-828................. 12/1/17-11/30/18
TURKEY: Welded Line Pipe, A-489-822............ 12/1/17-11/30/18
UNITED ARAB EMIRATES: Circular Welded Carbon- 12/1/17-11/30/18
Quality Steel Pipe A-520-807..................
Countervailing Duty Proceedings
INDIA:
Carbazole Violet Pigment 23, C-533-839,.... 1/1/17-12/31/17
Certain Hot-Rolled Carbon Steel Flat 1/1/17-12/31/17
Products, C-533-821.......................
[[Page 62295]]
Commodity Matchbooks, C-533-849............ 1/1/17-12/31/17
INDONESIA: Certain Hot-Rolled Carbon Steel Flat 1/1/17-12/31/17
Products, C-560-813...........................
TAIWAN: Non-Oriented Electrical Steel, C-583- 1/1/17-12/31/17
852...........................................
THAILAND: Certain Hot-Rolled Carbon Steel Flat 1/1/17-12/31/17
Products, C-549-818...........................
THE PEOPLE'S REPUBLIC OF CHINA:
Crystalline Silicon Photovoltaic Cells, 1/1/17-12/31/17
Whether or Not Assembled Into Modules, C-
570-980...................................
Melamine, C-570-021........................ 1/1/17-12/31/17
Non-Oriented Electrical Steel, C-570-997... 1/1/17-12/31/17
Multilayered Wood Flooring, C-570-971...... 1/1/17-12/31/17
TURKEY: Welded Line Pipe, C-489-823............ 1/1/17-12/31/17
Suspension Agreements
MEXICO:
Sugar, A-201-845........................... 12/1/17-11/30/18
Sugar, C-201-846........................... 1/1/17-12/31/17
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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.\3\
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\3\ 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.\4\ 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.\5\ 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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\4\ 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).
\5\ 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.\6\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request.
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\6\ 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 December 2018. If Commerce does not receive, by the
last day of December 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,
[[Page 62296]]
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: November 27, 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. 2018-26169 Filed 11-30-18; 8:45 am]
BILLING CODE 3510-DS-P