Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 25521-25524 [2019-11480]

Download as PDF 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; VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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 http:// 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03JNN1.SGM 03JNN1 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: jbell on DSK3GLQ082PROD with NOTICES 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. VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03JNN1.SGM 03JNN1 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 jbell on DSK3GLQ082PROD with NOTICES 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 VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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 http://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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03JNN1.SGM 03JNN1 25524 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Notices website at http://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) jbell on DSK3GLQ082PROD with NOTICES AGENCY: 7 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 16:26 May 31, 2019 Jkt 247001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03JNN1.SGM 03JNN1

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

[[Page 25522]]

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).
---------------------------------------------------------------------------

    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.

------------------------------------------------------------------------
                                                        Period of review
------------------------------------------------------------------------
             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 http://trade.gov/enforcement/.
---------------------------------------------------------------------------

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

    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 http://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.
---------------------------------------------------------------------------

    \7\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Commerce will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of 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