Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 7877-7880 [2019-03927]

Download as PDF Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices requested a review of the China-wide entity in this review, and we did not self-initiate a review, the entity is not under review and the entity’s rate is not subject to change, (i.e., 105.31 percent).8 Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). Assessment Rates Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review in the Federal Register. For any individually examined respondent whose (estimated) ad valorem weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent), Commerce will calculate importer-specific ad valorem assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1).9 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate calculated is not zero or de minimis. Where either the respondent’s ad valorem weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.10 amozie on DSK9F9SC42PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, 8 The China-wide rate was determined in Certain New Pneumatic Off-the-Road Tires from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 20197 (April 15, 2015). 9 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 10 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For the exporter listed above, the cash deposit rate will be equal to the weighted-average dumping margin identified in the ‘‘Final Results’’ section of this notice, above; (2) for previously investigated or reviewed Chinese and non-Chinese exporters that are not under review in this segment of the proceeding but that received a separate rate in a previous segment, the cash deposit rate will continue to be the exporter-specific rate (or exporterproducer chain rate) published for the most recently completed segment of this proceeding in which the exporter was reviewed; (3) for all Chinese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of 105.31 percent; and (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter(s) that supplied that non-China exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping and/ or countervailing duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 7877 accordance with sections 751(a)(1) and 777(i) of the Act. Dated: February 27, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–03923 Filed 3–4–19; 8:45 am] BILLING CODE 3510–DS–P 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. SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\05MRN1.SGM 05MRN1 7878 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices 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. 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 March 2019,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March for the following periods: amozie on DSK9F9SC42PROD with NOTICES Period of review Antidumping Duty Proceedings AUSTRALIA: Uncoated Paper, A–602–807 .................................................................................................................................. BRAZIL: Uncoated Paper, A–351–842 ......................................................................................................................................... CANADA: Iron Construction Castings, A–122–503 ...................................................................................................................... FRANCE: Brass Sheet & Strip, A–427–602 ................................................................................................................................. GERMANY: Brass Sheet & Strip, A–428–602 .............................................................................................................................. INDIA: Off-The-Road Tires, A–533–869 ............................................................................................................................................ Sulfanilic Acid, A–533–806 ..................................................................................................................................................... INDONESIA: Uncoated Paper, A–560–828 .................................................................................................................................. ITALY: Brass Sheet & Strip, A–475–601 ...................................................................................................................................... PORTUGAL: Uncoated Paper, A–471–807 .................................................................................................................................. RUSSIA: Silicon Metal, A–821–817 .............................................................................................................................................. SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A–791–823 ............................................................................................... TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ............................................................. THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 .................................................................................. THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 ............................................................................................................................................. Amorphous Silica Fabric, A–570–038 .................................................................................................................................... Biaxial Integral Geogrid Products, A–570–036 ...................................................................................................................... 1 See Trade Preferences Extension Act of 2015, Pub. L. 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 10/31/17–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices 7879 Period of review Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 .................................................................................................... Chloropicrin, A–570–002 ........................................................................................................................................................ Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ......................................................................................... Glycine, A–570–836 ............................................................................................................................................................... Sodium Hexametaphosphate, A–570–908 ............................................................................................................................. Tissue Paper Products, A–570–894 ...................................................................................................................................... Uncoated Paper, A–570–022 ................................................................................................................................................. UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 .......................................................................................................... Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ................................................................................................................... Off-The-Road Tires, C–533–870 ............................................................................................................................................ Sulfanilic Acid, C–533–807 .................................................................................................................................................... INDONESIA: Uncoated Paper, C–560–829 .................................................................................................................................. IRAN: In-Shell Pistachio Nuts, C–507–501 ................................................................................................................................... SRI LANKA: Off-The-Road Tires, C–542–801 .............................................................................................................................. THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 ............................................................................................................................................ Amorphous Silica Fabric, C–570–039 .................................................................................................................................... Biaxial Integral Geogrid Products, C–570–037 ...................................................................................................................... Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 .................................................................................................... Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ......................................................................................... Fine Denier Polyester Staple Fiber, C–570–061 ................................................................................................................... Uncoated Paper, C–570–023 ................................................................................................................................................. TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ..................................................................................... amozie on DSK9F9SC42PROD with NOTICES Suspension Agreements MEXICO: Fresh Tomatoes, A–201–820 ........................................................................................................................................ 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 VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 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.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 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 3/1/18–2/28/19 10/31/17–2/28/19 11/6/17–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 11/6/17–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 3/1/18–2/28/19 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. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized 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. E:\FR\FM\05MRN1.SGM 05MRN1 7880 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices 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 March 2019. If Commerce does not receive, by the last day of March 2019, 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: February 27, 2019. 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. 2019–03927 Filed 3–4–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology amozie on DSK9F9SC42PROD with NOTICES Proposed Information Collection; Comment Request; NIST Generic Clearance for Program Evaluation Data Collections National Institute of Standards and Technology (NIST), Commerce. AGENCY: 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 ACTION: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or May 6, 2019. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 1401 Constitution Avenue NW, Washington, DC 20230 (or via the internet at PRAcomments@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Maureen O’Reilly, NIST, 100 Bureau Drive, MS 1710, Gaithersburg, MD 20899–1710, telephone 301–975– 3189 or via email to maureen.oreilly@ nist.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract In accordance with Executive Order 12862, the National Institute of Standards and Technology (NIST), a non-regulatory agency of the Department of Commerce, proposes to conduct a number of surveys—both quantitative and qualitative—designed to evaluate our current programs from a customer’s perspective. NIST proposes to perform program evaluation data collections by means of, but not limited to, focus groups, reply cards that accompany product distributions, and Web-based surveys and dialogue boxes that offer customers the opportunity to express their views on the programs they are asked to evaluate. NIST will limit its inquiries to data collections that solicit strictly voluntary opinions and will not collect information that is required or regulated. Steps will be taken to assure anonymity of respondents in each activity covered under this request. II. Method of Collection NIST will collect this information by electronic means when possible, as well as by mail, fax, telephone and personto-person interviews. III. Data OMB Control Number: 0693–0033. Form Number(s): None. Type of Review: Regular submission [revision of a currently approved information collection. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Affected Public: Individuals or households; Business or other for-profit organizations; Not-for-profit institutions; State, Local, or Tribal government. Estimated Number of Respondents: 40,000. Estimated Time Per Response: Varied, dependent upon the data collection method used. The response time may vary from two minutes for a response card or two hours for focus group participation. The average time per response is expected to be 30 minutes. Estimated Total Annual Burden Hours: 20,000. Estimated Total Annual Cost to Public: $0. IV. Request for Comments NIST invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–03894 Filed 3–4–19; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG799 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to City of Juneau Waterfront Improvement Project National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7877-7880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03927]


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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.

SUPPLEMENTARY INFORMATION: 

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

[[Page 7878]]

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.

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, Pub. L. 114-27, 
129 Stat. 362 (2015).
---------------------------------------------------------------------------

    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 
March 2019,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in March 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.

------------------------------------------------------------------------
                                                        Period of review
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             Antidumping Duty Proceedings
 
AUSTRALIA: Uncoated Paper, A-602-807.................     3/1/18-2/28/19
BRAZIL: Uncoated Paper, A-351-842....................     3/1/18-2/28/19
CANADA: Iron Construction Castings, A-122-503........     3/1/18-2/28/19
FRANCE: Brass Sheet & Strip, A-427-602...............     3/1/18-2/28/19
GERMANY: Brass Sheet & Strip, A-428-602..............     3/1/18-2/28/19
INDIA:
    Off-The-Road Tires, A-533-869....................     3/1/18-2/28/19
    Sulfanilic Acid, A-533-806.......................     3/1/18-2/28/19
INDONESIA: Uncoated Paper, A-560-828.................     3/1/18-2/28/19
ITALY: Brass Sheet & Strip, A-475-601................     3/1/18-2/28/19
PORTUGAL: Uncoated Paper, A-471-807..................     3/1/18-2/28/19
RUSSIA: Silicon Metal, A-821-817.....................     3/1/18-2/28/19
SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A-791-   10/31/17-2/28/19
 823.................................................
TAIWAN: Light-Walled Rectangular Welded Carbon Steel      3/1/18-2/28/19
 Pipe and Tube, A-583-803............................
THAILAND: Circular Welded Carbon Steel Pipes and          3/1/18-2/28/19
 Tubes, A-549-502....................................
THE PEOPLE'S REPUBLIC OF CHINA:
    Ammonium Sulfate, A-570-049......................     3/1/18-2/28/19
    Amorphous Silica Fabric, A-570-038...............     3/1/18-2/28/19
    Biaxial Integral Geogrid Products, A-570-036.....     3/1/18-2/28/19

[[Page 7879]]

 
    Carbon and Alloy Steel Cut-To-Length Plate, A-570-    3/1/18-2/28/19
     047.............................................
    Chloropicrin, A-570-002..........................     3/1/18-2/28/19
    Circular Welded Austenitic Stainless Pressure         3/1/18-2/28/19
     Pipe, A-570-930.................................
    Glycine, A-570-836...............................     3/1/18-2/28/19
    Sodium Hexametaphosphate, A-570-908..............     3/1/18-2/28/19
    Tissue Paper Products, A-570-894.................     3/1/18-2/28/19
    Uncoated Paper, A-570-022........................     3/1/18-2/28/19
UKRAINE: Carbon and Alloy Steel Wire Rod, A-823-816..   10/31/17-2/28/19
 
           Countervailing Duty Proceedings
 
INDIA:
    Fine Denier Polyester Staple Fiber, C-533-876....   11/6/17-12/31/18
    Off-The-Road Tires, C-533-870....................    1/1/18-12/31/18
    Sulfanilic Acid, C-533-807.......................    1/1/18-12/31/18
INDONESIA: Uncoated Paper, C-560-829.................    1/1/18-12/31/18
IRAN: In-Shell Pistachio Nuts, C-507-501.............    1/1/18-12/31/18
SRI LANKA: Off-The-Road Tires, C-542-801.............    1/1/18-12/31/18
THE PEOPLE'S REPUBLIC OF CHINA:
    Ammonium Sulfate, C-570-050......................    1/1/18-12/31/18
    Amorphous Silica Fabric, C-570-039...............    1/1/18-12/31/18
    Biaxial Integral Geogrid Products, C-570-037.....    1/1/18-12/31/18
    Carbon and Alloy Steel Cut-To-Length Plate, C-570-   1/1/18-12/31/18
     048.............................................
    Circular Welded Austenitic Stainless Pressure        1/1/18-12/31/18
     Pipe, C-570-931.................................
    Fine Denier Polyester Staple Fiber, C-570-061....   11/6/17-12/31/18
    Uncoated Paper, C-570-023........................    1/1/18-12/31/18
TURKEY: Circular Welded Carbon Steel Pipes and Tubes,    1/1/18-12/31/18
 C-489-502...........................................
 
                Suspension Agreements
 
MEXICO: Fresh Tomatoes, A-201-820....................     3/1/18-2/28/19
------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \3\ See also the Enforcement and Compliance website at https://trade.gov/enforcement/.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized

[[Page 7880]]

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.
---------------------------------------------------------------------------

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

    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 March 2019. If Commerce does not receive, by the 
last day of March 2019, 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: February 27, 2019.
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. 2019-03927 Filed 3-4-19; 8:45 am]
 BILLING CODE 3510-DS-P
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