Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 25521-25524 [2019-11480]
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Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices
Subzone 271B was approved on May 28,
2019, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 271’s
2,000-acre activation limit.
Dated: May 28, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–11477 Filed 5–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–37–2019]
jbell on DSK3GLQ082PROD with NOTICES
Foreign-Trade Zone (FTZ) 230—
Piedmont Triad Area, North Carolina;
Notification of Proposed Production
Activity; MVP International Group, Inc.;
(Candles, Reed Diffusers, Wax Melts);
Elkin and Boonville, North Carolina
The Piedmont Triad Partnership,
grantee of FTZ 230, submitted a
notification of proposed production
activity to the FTZ Board on behalf of
MVP International Group, Inc. (MVP),
located at sites in Elkin and Boonville,
North Carolina. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on May 24, 2019.
The MVP facilities are located within
Subzone 230G. The facilities are used
for the production of candles, reed
diffusers and wax melts. Pursuant to 15
CFR 400.14(b), FTZ activity would be
limited to the specific foreign-status
materials and components and specific
finished products described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt MVP from customs duty
payments on the foreign-status
components used in export production.
On its domestic sales, for the foreignstatus materials/components noted
below, MVP would be able to choose the
duty rates during customs entry
procedures that apply to candles, reed
diffusers and wax melts (duty rate
ranges from duty-free to 6%). MVP
would be able to avoid duty on foreignstatus components which become scrap/
waste. Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
The components and materials
sourced from abroad include: Palm
stearic; plastic lids; wooden bowls and
vessels; plastic bottles, flasks and
containers; glass candle holders; glass
jars, bottles and containers; metal lids of
tin, aluminum, and steel; wood lids;
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cement jars; cork lids; ceramic jars and
containers; mineral oil; reed (rattan);
ceramic bottles and containers; acetate
packing; and, aromatic wax (duty rate
ranges from duty-free to 30%).
The request indicates that certain
materials/components are subject to
special duties under Section 301 of the
Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
15, 2019.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: May 28, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–11478 Filed 5–31–19; 8:45 am]
25521
Needs and Uses: BIS administers a
system of export and re-export controls
in accordance with the EAR. In doing
so, BIS requires that parties wishing to
engage in certain transactions apply for
licenses, submit Encryption Review
Requests, or submit notifications to BIS
through, the Simplified Network
Application Process—Redesign (SNAP–
R), the System for Tracking Export
License Applications (STELA), the
Multipurpose application Form BIS
748P and its two appendices 748P–A
and 748P–B, or by submitting an
Advisory Opinion request pursuant to
the instructions in § 748.3(c) of the EAR.
Affected Public: Businesses and other
for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Mandatory.
This information collection request
may be viewed at reginfo.gov https://
www.reginfo.gov/public/. Follow the
instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–11456 Filed 5–31–19; 8:45 am]
BILLING CODE 3510–33–P
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
International Trade Administration
Submission for OMB Review;
Comment Request
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: Bureau of Industry and
Security.
Title: Simple Network Application
Process and Multipurpose Application
Form.
Form Number(s): 748P, 748P–A,
748P–B.
OMB Control Number: 0694–0088.
Type of Request: Regular submission.
Estimated Total Burden Hours: 31,878
hours.
Estimated Number of Respondents:
64,616 respondents.
Estimated Time per Response: 49
minutes per response.
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
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25522
Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
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)(2)(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)(2)(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 June 2019,2
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
June for the following periods:
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Period of review
Antidumping Duty Proceedings
GERMANY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–428–845 ....................................................
INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–533–873 ............................................................
ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–475–838 ............................................................
JAPAN:
Carbon and Alloy Seamless Standard, Line, and Pressure (over 41⁄2 inches), A–588–850 ................................................
Carbon and Alloy Seamless Standard, Line, and Pressure (under 41⁄2 inches), A–588–851 ..............................................
MEXICO: Prestressed Concrete Steel Rail Tie Wire, A–201–843 ...............................................................................................
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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3 Commerce inadvertently published the wrong
period of review (POR) for Carton-Closing Staples
in Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
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11/22/17–5/31/19
11/22/17–5/31/19
11/22/17–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
to Request Administrative Review, 84 FR 18479
(May 1, 2019). The correct POR is listed above.
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Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices
25523
Period of review
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–580–892 ................................
SOCIALIST REPUBLIC OF VIETNAM: Certain Tool Chests and Cabinets, A–552–821 ............................................................
SPAIN:
Chlorinated Isocyanurates, A–469–814 .................................................................................................................................
Finished Carbon Steel Flanges, A–469–815 .........................................................................................................................
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–441–801 ............................................
TAIWAN: Helical Spring Lock Washers, A–583–820 ....................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Artist Canvas, A–570–899 ......................................................................................................................................................
Carton-Closing Staples,3 A–570–055 ....................................................................................................................................
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–570–058 .................................................................
Certain Tool Chests and Cabinets, A–570–056 ....................................................................................................................
Chlorinated Isocyanurates, A–570–898 .................................................................................................................................
Furfuryl Alcohol, A–570–835 ..................................................................................................................................................
High Pressure Steel Cylinders, A–570–977 ...........................................................................................................................
Polyester Staple Fiber, A–570–905 .......................................................................................................................................
Prestressed Concrete Steel Rail Tie Wire, A–570–990 .........................................................................................................
Prestressed Concrete Steel Wire Strand, A–570–945 ..........................................................................................................
Silicon Metal, A–570–806 .......................................................................................................................................................
Tapered Roller Bearings, A–570–601 ....................................................................................................................................
11/22/17–5/31/19
11/16/17–5/31/19
6/1/18–5/31/19
11/3/17–4/30/19
11/22/17–5/31/19
11/16/17–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
6/1/18–5/31/19
Countervailing Duty Proceedings
THE PEOPLE’S REPUBLIC OF CHINA:
High Pressure Steel Cylinders, C–570–978 ..........................................................................................................................
Stainless Steel Flanges, C–570–065 .....................................................................................................................................
1/1/18–12/31/18
1/23/18–12/31/18
6/1/18–5/31/19
6/1/18–5/31/19
11/22/17–5/31/19
6/1/18–5/31/19
Suspension Agreements
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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
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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.4
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.5 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
4 See also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
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).
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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
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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Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices
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 June
2019. If Commerce does not receive, by
the last day of June 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: May 23, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–11480 Filed 5–31–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–838, C–533–890]
Certain Quartz Surface Products From
India and the Republic of Turkey:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson at (202) 482–4793
(India) and Stephanie Berger at (202)
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AGENCY:
7 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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482–2483 (Republic of Turkey
(Turkey)), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 8, 2019, the U.S. Department
of Commerce (Commerce) received
countervailing duty (CVD) petitions
concerning imports of certain quartz
surface products (quartz surface
products) from India and Turkey, filed
in proper form on behalf of Cambria
Company LLC (the petitioner), a
domestic producer of quartz surface
products.1 The Petitions were
accompanied by antidumping duty (AD)
petitions concerning imports of quartz
surface products from India and
Turkey.2
On May 10, May 13, and May 20,
2019, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions in
separate supplemental questionnaires.3
The petitioner filed responses to the
supplemental questionnaires on May 14,
May 15, May 21, and May 24, 2019.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Governments of India and Turkey (GOI
and GOT, respectively) are providing
countervailable subsidies, within the
1 See the petitioner’s letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Certain Quartz Surface Products from India
and the Republic of Turkey,’’ dated May 8, 2019
(the Petitions).
2 Id.
3 See Commerce’s letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Quartz Surface Products from India:
Supplemental Questions,’’ dated May 10, 2019;
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Certain Quartz Surface
Products from the Republic of Turkey:
Supplemental Questions,’’ dated May 10, 2019;
‘‘Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Quartz
Surface Products from India and the Republic of
Turkey: Supplemental Questions,’’ dated May 13,
2019 (General Issues Supplemental); and
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated May 20, 2019 (May 20, 2019
Memorandum).
4 See the petitioner’s letters, ‘‘Quartz Surface
Products from India: Response to Questionnaire,’’
dated May 14, 2019; ‘‘Quartz Surface Products from
Turkey: Response to Questionnaire,’’ dated May 14,
2019; ‘‘Certain Quartz Surface Products from India
and the Republic of Turkey: Response to General
Issues Questionnaire,’’ dated May 15, 2019 (General
Issues Supplement); ‘‘Certain Quartz Surface
Products from India and the Republic of Turkey:
Supplemental Response on Scope,’’ dated May 21,
2019; and ‘‘Certain Quartz Surface Products from
India and the Republic of Turkey: Amendment to
Petitions,’’ dated May 24, 2019 (Third General
Issues Supplement).
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meaning of sections 701 and 771(5) of
the Act, to producers of quartz surface
products in India and Turkey and that
imports of such products are materially
injuring, or threatening material injury
to, the domestic quartz surface products
industry in the United States. Consistent
with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged
programs on which we are initiating
CVD investigations, the Petitions are
accompanied by information reasonably
available to the petitioner supporting
their allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support necessary for the initiation of
the requested CVD investigations.5
Periods of Investigation
Because the Petitions were filed on
May 8, 2019, the periods of
investigation (POI) are January 1, 2018,
through December 31, 2018, or the most
recently completed fiscal year for the
foreign government and all of the
companies under investigation,
provided the foreign government and
the companies have the same fiscal year.
Scope of the Investigations
The products covered by these
investigations are quartz surface
products from India and Turkey. For a
full description of the scope of these
investigations, see the Appendix to this
notice.
Comments on the Scope of the
Investigations
During our review of the Petitions, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.6 As
a result, the scope of the Petitions was
modified to clarify the description of the
merchandise covered by the Petitions.
The description of the merchandise
covered by these investigations, as
described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
5 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
6 See General Issues Supplemental; see also May
20, 2019 Memorandum.
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]]>Agencies
[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25521-25524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11480]
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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
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request, in accordance with 19 CFR 351.213, that the Department of
Commerce (Commerce) conduct an administrative review of that
antidumping or countervailing duty order, finding, or suspended
investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 21 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this antidumping proceeding (i.e.,
investigation, administrative review, new shipper review or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to (a) identify which
companies subject to review previously were collapsed, and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.
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)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(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
June 2019,\2\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in June 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.
\3\ Commerce inadvertently published the wrong period of review
(POR) for Carton-Closing Staples in Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation; Opportunity to
Request Administrative Review, 84 FR 18479 (May 1, 2019). The
correct POR is listed above.
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Period of review
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Antidumping Duty Proceedings
GERMANY: Certain Cold-Drawn Mechanical Tubing of 11/22/17-5/31/19
Carbon and Alloy Steel, A-428-845...................
INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon 11/22/17-5/31/19
and Alloy Steel, A-533-873..........................
ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon 11/22/17-5/31/19
and Alloy Steel, A-475-838..........................
JAPAN:
Carbon and Alloy Seamless Standard, Line, and 6/1/18-5/31/19
Pressure (over 4\1/2\ inches), A-588-850........
Carbon and Alloy Seamless Standard, Line, and 6/1/18-5/31/19
Pressure (under 4\1/2\ inches), A-588-851.......
MEXICO: Prestressed Concrete Steel Rail Tie Wire, A- 6/1/18-5/31/19
201-843.............................................
[[Page 25523]]
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical 11/22/17-5/31/19
Tubing of Carbon and Alloy Steel, A-580-892.........
SOCIALIST REPUBLIC OF VIETNAM: Certain Tool Chests 11/16/17-5/31/19
and Cabinets, A-552-821.............................
SPAIN:
Chlorinated Isocyanurates, A-469-814............. 6/1/18-5/31/19
Finished Carbon Steel Flanges, A-469-815......... 6/1/18-5/31/19
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of 11/22/17-5/31/19
Carbon and Alloy Steel, A-441-801...................
TAIWAN: Helical Spring Lock Washers, A-583-820....... 6/1/18-5/31/19
THE PEOPLE'S REPUBLIC OF CHINA:
Artist Canvas, A-570-899......................... 6/1/18-5/31/19
Carton-Closing Staples,\3\ A-570-055............. 11/3/17-4/30/19
Certain Cold-Drawn Mechanical Tubing of Carbon 11/22/17-5/31/19
and Alloy Steel, A-570-058......................
Certain Tool Chests and Cabinets, A-570-056...... 11/16/17-5/31/19
Chlorinated Isocyanurates, A-570-898............. 6/1/18-5/31/19
Furfuryl Alcohol, A-570-835...................... 6/1/18-5/31/19
High Pressure Steel Cylinders, A-570-977......... 6/1/18-5/31/19
Polyester Staple Fiber, A-570-905................ 6/1/18-5/31/19
Prestressed Concrete Steel Rail Tie Wire, A-570- 6/1/18-5/31/19
990.............................................
Prestressed Concrete Steel Wire Strand, A-570-945 6/1/18-5/31/19
Silicon Metal, A-570-806......................... 6/1/18-5/31/19
Tapered Roller Bearings, A-570-601............... 6/1/18-5/31/19
Countervailing Duty Proceedings
THE PEOPLE'S REPUBLIC OF CHINA:
High Pressure Steel Cylinders, C-570-978......... 1/1/18-12/31/18
Stainless Steel Flanges, C-570-065............... 1/23/18-12/31/18
Suspension Agreements
None.................................................
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In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\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 an antidumping duty administrative
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
[[Page 25524]]
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 June 2019. If Commerce does not receive, by the last
day of June 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: May 23, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-11480 Filed 5-31-19; 8:45 am]
BILLING CODE 3510-DS-P
