Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 18479-18482 [2019-08824]

Download as PDF Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices administrative review of two companies.5 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.6 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. Accordingly, the revised deadline for the preliminary results of review is now August 12, 2019. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The petitioner timely withdrew its review request, in part, and no other party requested a review of the companies for which the petitioner requested a review. Of the four companies for which the petitioner requested an administrative review, the petitioner withdrew its request for review of two companies, Hangzhou Qingqing Mechanical Co. Ltd. and Hangzhou Yingqing Material Co. Ltd. Accordingly, we are rescinding this review of steel wire garment hangers from China for the period October 1, 2017, through September 30, 2018, in part, with respect to these entities, in accordance with 19 CFR 351.213(d)(1). This administrative review will continue with respect to Hong Kong Wells Ltd. and Shanghai Wells Hanger Co., Ltd. jbell on DSK30RV082PROD with NOTICES Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period October 1, 2017, to September 30, 2018, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days 5 See the petitioner’s letter, ‘‘Re: Tenth Administrative Review of Steel Wire Garment Hangers from China—Petitioner ’s Withdrawal of Review Requests for Specific Companies’’ dated December 14, 2018. 6 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. VerDate Sep<11>2014 19:24 Apr 30, 2019 Jkt 247001 after publication of this notice in the Federal Register, if appropriate. Notification to Importers This notice serves as the only reminder to importers for whom this review is being rescinded, as of the publication date of this notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders 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 APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 25, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–08827 Filed 4–30–19; 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, AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 18479 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 E:\FR\FM\01MYN1.SGM 01MYN1 18480 Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices 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 May 2019,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in May for the following periods: jbell on DSK30RV082PROD with NOTICES Period of Review Antidumping Duty Proceedings AUSTRIA: Carbon and Alloy Steel Cut-To-Length Plate, A–433–812 ............................................................................... BELGIUM: Carbon and Alloy Steel Cut-To-Length Plate, A–423–812 .......................................................................................... Stainless Steel Plate in Coils, A–423–808 ................................................................................................................... BRAZIL: Iron Construction Castings, A–351–503 ............................................................................................................... CANADA: Citric Acid and Citrate Salt, A–122–853 ...................................................................................................................... Polyethylene Terephthalate Resin, A–122–855 ........................................................................................................... FRANCE: Carbon and Alloy Steel Cut-To-Length Plate, A–427–828 ................................................................................ GERMANY: Carbon and Alloy Steel Cut-To-Length Plate, A–428–844 ............................................................................. INDIA: Certain Welded Carbon Steel Standard Pipes and Tubes, A–533–502 ..................................................................... Polyethylene Terephthalate Resin, A–533–861 ........................................................................................................... Silicomanganese, A–533–823 ...................................................................................................................................... INDONESIA: Polyethylene Retail Carrier Bags, A–560–822 .............................................................................................. ITALY: Carbon and Alloy Steel Cut-To-Length Plate, A–475–834 .......................................................................................... Carbon and Alloy Steel Wire Rod, A–475–836 ........................................................................................................... JAPAN: Carbon and Alloy Steel Cut-To-Length Plate, A–588–875 .......................................................................................... Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products, A–588–869 ................................................................. Gray Portland Cement and Cement Clinker, A–588–815 ............................................................................................ KAZAKHSTAN: Silicomanganese, A–834–807 ................................................................................................................... OMAN: Polyethylene Terephthalate Resin, A–523–810 ..................................................................................................... PAKISTAN: Circular Welded Carbon-Quality Steel Pipe,3 A–535–903 .............................................................................. REPUBLIC OF KOREA: Carbon and Alloy Steel Cut-To-Length Plate, A–580–887 .......................................................................................... Carbon and Alloy Steel Wire Rod, A–580–891 ........................................................................................................... Ferrovanadium, A–580–886 ......................................................................................................................................... Polyester Staple Fiber, A–580–839 ............................................................................................................................. 1 See Trade Preferences Extension Act of 2015, Pub. L. 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 19:24 Apr 30, 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 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\01MYN1.SGM 01MYN1 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 10/31/17–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 12/1/17–11/30/18 5/1/18–4/30/19 10/31/17–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices 18481 Period of Review SOCIALIST REPUBLIC OF VIETNAM: Polyethylene Retail Carrier Bags, A–552–806 .................................................... SOUTH AFRICA: Stainless Steel Plate in Coils, A–791–805 ............................................................................................. SPAIN: Carbon and Alloy Steel Wire Rod, A–469–816 ...................................................................................................... TAIWAN: Carbon and Alloy Steel Cut-To-Length Plate, A–583–858 .......................................................................................... Certain Circular Welded Carbon Steel Pipes and Tubes, A–583–008 ........................................................................ Polyester Staple Fiber, A–583–833 ............................................................................................................................. Polyethylene Retail Carrier Bags, A–583–843 ............................................................................................................. Stainless Steel Plate in Coil, A–583–830 .................................................................................................................... Stilbenic Optical Brightening Agents, A–583–848 ....................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: 1-Hydroxyethylidene-1, 1-Diphoshonic Acid (Hedp), A–570–045 ................................................................................ Aluminum Extrusions, A–570–967 ............................................................................................................................... Carton-Closing Staples, A–570–055 ............................................................................................................................ Circular Welded Carbon Quality Steel Line Pipe, A–570–935 .................................................................................... Citric Acid and Citrate Salt, A–570–937 ...................................................................................................................... Iron Construction Castings, A–570–502 ...................................................................................................................... Oil Country Tubular Goods, A–570–943 ...................................................................................................................... Polyethylene Terephthalate Resin, A–570–024 ........................................................................................................... Pure Magnesium, A–570–832 ...................................................................................................................................... Stilbenic Optical Brightening Agents, A–570–972 ....................................................................................................... TURKEY: Carbon and Alloy Steel Wire Rod, A–489–831 ........................................................................................................... Circular Welded Carbon Steel Pipes and Tubes, A–489–501 .................................................................................... Light-Walled Rectangular Pipe and Tube, A–489–815 ................................................................................................ UNITED ARAB EMIRATES: Steel Nails, A–520–804 ......................................................................................................... THE UNITED KINGDOM: Carbon and Alloy Steel Wire Rod, A–412–826 ........................................................................ VENEZUELA: Silicomanganese, A–307–820 ..................................................................................................................... Countervailing Duty Proceedings BRAZIL: Iron Construction Castings, C–351–504 ............................................................................................................... INDIA: Polyethylene Terephthalate Resin, C–533–862 ...................................................................................................... ITALY: Carbon and Alloy Steel Wire Rod, C–475–837 ...................................................................................................... REPUBLIC OF KOREA: Carbon and Alloy Steel Cut-To-Length Plate, C–580–888 ......................................................... SOCIALIST REPUBLIC OF VIETNAM: Polyethylene Retail Carrier Bags, C–552–805 .................................................... SOUTH AFRICA: Stainless Steel Plate in Coils, C–791–806 ............................................................................................ THE PEOPLE’S REPUBLIC OF CHINA: 1-Hydroxyethylidene-1, 1-Diphoshonic Acid (Hedp), C–570–046 ............................................................................... Aluminum Extrusions, C–570–968 ............................................................................................................................... Citric Acid and Citrate Salt, C–570–938 ...................................................................................................................... Polyethylene Terephthalate Resin, C–570–025 ........................................................................................................... jbell on DSK30RV082PROD with NOTICES Suspension Agreements None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or 3 In the Opportunity to Request Administrative Review Notice that published on December 3, 2018 (83 FR 62293), Commerce inadvertently listed the incorrect case number for Circular Welded CarbonQuality Steel Pipe from Pakistan as A–553–903. Commerce is hereby correcting this case number to A–535–903. VerDate Sep<11>2014 19:24 Apr 30, 2019 Jkt 247001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 5/1/18–4/30/19 5/1/18–4/30/19 10/31/17–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 11/3/17–4/30/2018 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 10/31/17–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 5/1/18–4/30/19 10/31/17–4/30/19 5/1/18–4/30/19 1/1/18–12/31/18 1/1/18–12/31/18 9/5/2017–12/31/2018 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 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.4 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to antidumping duty administrative 4 See also the Enforcement and Compliance website at https://trade.gov/enforcement/. E:\FR\FM\01MYN1.SGM 01MYN1 18482 Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices jbell on DSK30RV082PROD with NOTICES reviews.5 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.6 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.7 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 May 2019. If Commerce does not receive, by the last day of May 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 5 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). 6 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. 7 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 19:24 Apr 30, 2019 Jkt 247001 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: April 22, 2019. James Maeder, Associate Deputy Assistant Director for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. of glycine from India, which aligned the final determination in this CVD investigation with the final determination in the companion antidumping duty (AD) investigation of glycine from India.1 A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum that is dated concurrently with this determination and hereby adopted by this notice.2 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.3 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. Accordingly, the revised deadline for the final determination is now April 24, 2019. Period of Investigation [FR Doc. 2019–08824 Filed 4–30–19; 8:45 am] The POI is January 1, 2017, through December 31, 2017. BILLING CODE 3510–DS–P Scope of the Investigation DEPARTMENT OF COMMERCE International Trade Administration The product covered by this investigation is glycine from India. For a complete description of the scope of this investigation, see Appendix I. [C–533–884] Scope Comments Countervailing Duty Investigation of Glycine From India: Affirmative Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of glycine from India during the period of investigation (POI), January 1, 2017, through December 31, 2017. DATES: Applicable May 1, 2019. FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Julie Geiger, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–0698 and (202) 482–2057, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 4, 2018, Commerce published in the Federal Register the Preliminary Determination in the countervailing duty (CVD) investigation PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 We invited parties to comment on Commerce’s Preliminary Scope Decision Memorandum.4 Commerce has reviewed the briefs submitted by interested parties, considered the arguments therein, and has made no changes to the scope of the 1 See Glycine from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 44859 (September 4, 2018) (Preliminary Determination), and accompanying Memorandum, ‘‘Decision Memorandum for the Affirmative Preliminary Determination: Countervailing Duty Investigation of Glycine from India,’’ dated August 27, 2018. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Glycine from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Glycine from India, Japan, the People’s Republic of China and Thailand: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated August 27, 2018 (Preliminary Scope Decision Memorandum). E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18479-18482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08824]

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DEPARTMENT OF COMMERCE

International Trade Administration

Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review

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

FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.

Background

Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.

Respondent Selection

In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 21 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the

[[Page 18480]]

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

AUSTRIA: Carbon and Alloy Steel Cut-To-Length 5/1/18-4/30/19
Plate, A-433-812..............................
BELGIUM:
Carbon and Alloy Steel Cut-To-Length Plate, 5/1/18-4/30/19
A-423-812.................................
Stainless Steel Plate in Coils, A-423-808.. 5/1/18-4/30/19
BRAZIL: Iron Construction Castings, A-351-503.. 5/1/18-4/30/19
CANADA:
Citric Acid and Citrate Salt, A-122-853.... 5/1/18-4/30/19
Polyethylene Terephthalate Resin, A-122-855 5/1/18-4/30/19
FRANCE: Carbon and Alloy Steel Cut-To-Length 5/1/18-4/30/19
Plate, A-427-828..............................
GERMANY: Carbon and Alloy Steel Cut-To-Length 5/1/18-4/30/19
Plate, A-428-844..............................
INDIA:
Certain Welded Carbon Steel Standard Pipes 5/1/18-4/30/19
and Tubes, A-533-502......................
Polyethylene Terephthalate Resin, A-533-861 5/1/18-4/30/19
Silicomanganese, A-533-823................. 5/1/18-4/30/19
INDONESIA: Polyethylene Retail Carrier Bags, A- 5/1/18-4/30/19
560-822.......................................
ITALY:
Carbon and Alloy Steel Cut-To-Length Plate, 5/1/18-4/30/19
A-475-834.................................
Carbon and Alloy Steel Wire Rod, A-475-836. 10/31/17-4/30/19
JAPAN:
Carbon and Alloy Steel Cut-To-Length Plate, 5/1/18-4/30/19
A-588-875.................................
Diffusion-Annealed Nickel-Plated Flat- 5/1/18-4/30/19
Rolled Steel Products, A-588-869..........
Gray Portland Cement and Cement Clinker, A- 5/1/18-4/30/19
588-815...................................
KAZAKHSTAN: Silicomanganese, A-834-807......... 5/1/18-4/30/19
OMAN: Polyethylene Terephthalate Resin, A-523- 5/1/18-4/30/19
810...........................................
PAKISTAN: Circular Welded Carbon-Quality Steel 12/1/17-11/30/18
Pipe,\3\ A-535-903............................
REPUBLIC OF KOREA:
Carbon and Alloy Steel Cut-To-Length Plate, 5/1/18-4/30/19
A-580-887.................................
Carbon and Alloy Steel Wire Rod, A-580-891. 10/31/17-4/30/19
Ferrovanadium, A-580-886................... 5/1/18-4/30/19
Polyester Staple Fiber, A-580-839.......... 5/1/18-4/30/19

[[Page 18481]]

SOCIALIST REPUBLIC OF VIETNAM: Polyethylene 5/1/18-4/30/19
Retail Carrier Bags, A-552-806................
SOUTH AFRICA: Stainless Steel Plate in Coils, A- 5/1/18-4/30/19
791-805.......................................
SPAIN: Carbon and Alloy Steel Wire Rod, A-469- 10/31/17-4/30/19
816...........................................
TAIWAN:
Carbon and Alloy Steel Cut-To-Length Plate, 5/1/18-4/30/19
A-583-858.................................
Certain Circular Welded Carbon Steel Pipes 5/1/18-4/30/19
and Tubes, A-583-008......................
Polyester Staple Fiber, A-583-833.......... 5/1/18-4/30/19
Polyethylene Retail Carrier Bags, A-583-843 5/1/18-4/30/19
Stainless Steel Plate in Coil, A-583-830... 5/1/18-4/30/19
Stilbenic Optical Brightening Agents, A-583- 5/1/18-4/30/19
848.......................................
THE PEOPLE'S REPUBLIC OF CHINA:
1-Hydroxyethylidene-1, 1-Diphoshonic Acid 5/1/18-4/30/19
(Hedp), A-570-045.........................
Aluminum Extrusions, A-570-967............. 5/1/18-4/30/19
Carton-Closing Staples, A-570-055.......... 11/3/17-4/30/2018
Circular Welded Carbon Quality Steel Line 5/1/18-4/30/19
Pipe, A-570-935...........................
Citric Acid and Citrate Salt, A-570-937.... 5/1/18-4/30/19
Iron Construction Castings, A-570-502...... 5/1/18-4/30/19
Oil Country Tubular Goods, A-570-943....... 5/1/18-4/30/19
Polyethylene Terephthalate Resin, A-570-024 5/1/18-4/30/19
Pure Magnesium, A-570-832.................. 5/1/18-4/30/19
Stilbenic Optical Brightening Agents, A-570- 5/1/18-4/30/19
972.......................................
TURKEY:
Carbon and Alloy Steel Wire Rod, A-489-831. 10/31/17-4/30/19
Circular Welded Carbon Steel Pipes and 5/1/18-4/30/19
Tubes, A-489-501..........................
Light-Walled Rectangular Pipe and Tube, A- 5/1/18-4/30/19
489-815...................................
UNITED ARAB EMIRATES: Steel Nails, A-520-804... 5/1/18-4/30/19
THE UNITED KINGDOM: Carbon and Alloy Steel Wire 10/31/17-4/30/19
Rod, A-412-826................................
VENEZUELA: Silicomanganese, A-307-820.......... 5/1/18-4/30/19

Countervailing Duty Proceedings

BRAZIL: Iron Construction Castings, C-351-504.. 1/1/18-12/31/18
INDIA: Polyethylene Terephthalate Resin, C-533- 1/1/18-12/31/18
862...........................................
ITALY: Carbon and Alloy Steel Wire Rod, C-475- 9/5/2017-12/31/2018
837...........................................
REPUBLIC OF KOREA: Carbon and Alloy Steel Cut- 1/1/18-12/31/18
To-Length Plate, C-580-888....................
SOCIALIST REPUBLIC OF VIETNAM: Polyethylene 1/1/18-12/31/18
Retail Carrier Bags, C-552-805................
SOUTH AFRICA: Stainless Steel Plate in Coils, C- 1/1/18-12/31/18
791-806.......................................
THE PEOPLE'S REPUBLIC OF CHINA:
1-Hydroxyethylidene-1, 1-Diphoshonic Acid 1/1/18-12/31/18
(Hedp), C-570-046.........................
Aluminum Extrusions, C-570-968............. 1/1/18-12/31/18
Citric Acid and Citrate Salt, C-570-938.... 1/1/18-12/31/18
Polyethylene Terephthalate Resin, C-570-025 1/1/18-12/31/18
------------------------------------------------------------------------

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\3\ In the Opportunity to Request Administrative Review Notice
that published on December 3, 2018 (83 FR 62293), Commerce
inadvertently listed the incorrect case number for Circular Welded
Carbon-Quality Steel Pipe from Pakistan as A-553-903. Commerce is
hereby correcting this case number to A-535-903.
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Suspension Agreements

None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\4\
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\4\ 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 antidumping duty administrative

[[Page 18482]]

reviews.\5\ 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.\6\ 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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\5\ 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).
\6\ 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.\7\ 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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\7\ 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 May 2019. If Commerce does not receive, by the last
day of May 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: April 22, 2019.
James Maeder,
Associate Deputy Assistant Director for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2019-08824 Filed 4-30-19; 8:45 am]
BILLING CODE 3510-DS-P

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