Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 45949-45952 [2019-18936]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
communities, including in qualified
Opportunity Zones. The Department
requests information from and the
perspectives of multiple stakeholders
who support economic development in
Opportunity Zones, including State,
local and tribal officials, institutions of
higher education, nonprofits,
philanthropic organizations and other
impact investors, economic
development and other experts in
relevant disciplines, and affected
stakeholders in the private sector.
IV. Specific Information Requested
To assist in Department’s approach to
Opportunity Zones, DOC invites ideas
and information on the following
questions:
1. How can the Federal Government
target and streamline infrastructure
programs in qualified Opportunity
Zones and other economically
distressed communities to create longterm sustainable economic growth?
a. For example, what actions could
DOC agencies and bureaus (EDA,
MBDA, etc.) take under existing
authorities to focus Federal investments
and programs on distressed
communities and regions that include
qualified Opportunity Zones?
2. How can public and/or private
sector recipients leverage Federal grants
and loans in a more integrated way?
a. For example, what policies could
the Federal Government implement that
would make it easier for recipients to
receive and manage multiple types of
public and private investments, such as
through streamlining application
procedures and/or aligning program
requirements?
b. What types of information or tools
(including web-based) would be helpful
for entrepreneurs, investors, and other
stakeholders to facilitate understanding
of applicable Federal programs and
resources to support investments in
Opportunity Zones?
3. How can coordination between
Federal, state, and local capital
investment be improved to maximize
economic development to the benefit of
qualified Opportunity Zones?
a. For example, what policies,
technical assistance, or tools could the
Federal Government provide
communities to attract private
investment and spur economic
development?
b. What additional resources or policy
changes might communities need to
successfully compete for private
investment in rural Opportunity Zones?
4. How can the Federal Government
provide increased statutory and/or
administrative flexibility in existing
Federal programs in qualified
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Opportunity Zones to increase
economic development outcomes?
a. For example, how can Federal
requirements or guidance for regional
economic development planning foster
improved coordination of resources for
infrastructure, workforce development,
housing, and safety in qualified
Opportunity Zones and surrounding
areas?
5. What data would be useful for the
Federal Government to collect to
evaluate the economic development
impact of program investments that are
designed to assist distressed
communities in qualified Opportunity
Zones?
a. What data would be useful for the
government to collect to determine that
increased investment has provided
inclusive opportunities for businesses
and residents of distressed areas,
including in qualified Opportunity
Zones?
b. What data would be useful in
determining that increased private
investment in qualified Opportunities
Zones increased regional
competitiveness, innovation and
resilience?
V. How will this information be used?
The Department aims to use the
information received to help inform
policies and procedures related to
Federal economic development
programs. In particular, the Department
seeks to use information received to
identify administrative flexibilities and
propose legislative changes to improve
coordination and streamlining of
Federal economic programs to spur
private investment in qualified
Opportunity Zones and other
economically distressed areas.
*
*
*
*
*
Dated: August 26, 2019.
John Fleming,
Assistant Secretary of Commerce for
Economic Development.
[FR Doc. 2019–18947 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
AGENCY:
PO 00000
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45949
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
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 September
2019,2 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
September for the following periods:
Period of review
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Antidumping Duty Proceedings Period of Review
BELARUS:
Steel Concrete Reinforcing Bars A–822–804 ........................................................................................................................
BRAZIL:
Cold-Rolled Steel Flat Products A–351–843 .........................................................................................................................
Emulsion Styrene-Butadiene Rubber A–351–849 .................................................................................................................
INDIA:
Cold-Rolled Steel Flat Products A–533–865 .........................................................................................................................
Lined Paper Products A–533–843 .........................................................................................................................................
Oil Country Tubular Goods A–533–857 .................................................................................................................................
INDONESIA:
Steel Concrete Reinforcing Bars A–560–811 ........................................................................................................................
JAPAN:
Stainless Steel Wire Rod A–588–843 ....................................................................................................................................
LATVIA:
Stainless Concrete Reinforcing Bars A–449–804 ..................................................................................................................
MEXICO:
Emulsion Styrene-Butadiene Rubber A–201–848 .................................................................................................................
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A–201–847 .................................................................
Magnesia Carbon Bricks A–201–837 .....................................................................................................................................
MOLDOVA:
Steel Concrete Reinforcing Bars A–841–804 ........................................................................................................................
POLAND:
Emulsion Styrene-Butadiene Rubber A–455–805 .................................................................................................................
Steel Concrete Reinforcing Bars A–455–803 ........................................................................................................................
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products A–580–881 .........................................................................................................................
Emulsion Styrene-Butadiene Rubber A–580–890 .................................................................................................................
Heavy Walled Rectangular Welded Carbon Pipes and Tubes A–580–880 ..........................................................................
Oil Country Tubular Goods A–580–870 .................................................................................................................................
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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9/1/18–8/31/19
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45951
Period of review
Stainless Steel Wire Rod A–580–829 ....................................................................................................................................
SOCIALIST REPUBLIC OF VIETNAM:
Oil Country Tubular Goods A–552–817 .................................................................................................................................
TAIWAN:
Forged Steel Fittings A–583–863 ...........................................................................................................................................
Narrow Woven Ribbons With Woven Selvedge A–583–844 .................................................................................................
Raw Flexible Magnets A–583–842 ........................................................................................................................................
Stainless Steel Wire Rod A–583–828 ....................................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Foundry Coke A–570–862 .....................................................................................................................................................
Freshwater Crawfish Tailmeat A–570–848 ............................................................................................................................
Kitchen Appliance Shelving and Racks A–570–941 ..............................................................................................................
Lined Paper Products A–570–901 .........................................................................................................................................
Magnesia Carbon Bricks A–570–954 .....................................................................................................................................
Narrow Woven Ribbons With Woven Selvedge A–570–952 .................................................................................................
New Pneumatic Off-the-Road Tires A–570–912 ....................................................................................................................
Raw Flexible Magnets A–570–922 ........................................................................................................................................
Steel Concrete Reinforcing Bars A–570–860 ........................................................................................................................
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A–489–824 .................................................................
Oil Country Tubular Goods A–489–816 .................................................................................................................................
UKRAINE:
Steel Concrete Reinforcing Bars A–823–809 ........................................................................................................................
UNITED KINGDOM:
Cold-Rolled Steel Flat Products A–412–824 .........................................................................................................................
9/1/18—8/31/19
9/1/18–8/31/19
5/17/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18—8/31/19
9/1/18–5/15/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–2/3/19
9/1/18–8/31/19
9/1/18—8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
9/1/18–8/31/19
Countervailing Duty Proceedings
BRAZIL:
Cold-Rolled Steel Flat Products C–351–844 .........................................................................................................................
INDIA:
Cold-Rolled Steel Flat Products C–533–866 .........................................................................................................................
Lined Paper Products C–533–844 .........................................................................................................................................
Oil Country Tubular Goods C–533–858 .................................................................................................................................
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products C–580–882 .........................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA:
Kitchen Appliance Shelving and Racks C–570–942 ..............................................................................................................
Magnesia Carbon Bricks C–570–955 ....................................................................................................................................
Narrow Woven Ribbons With Woven Selvedge C–570–953 .................................................................................................
Raw Flexible Magnets C–570–923 ........................................................................................................................................
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes C–489–825 .................................................................
Oil Country Tubular Goods C–489–817 .................................................................................................................................
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
1/1/18–12/31/18
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
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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
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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
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merchandise subject to antidumping
findings and orders.3
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.4 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.5 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
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3 See
also the Enforcement and Compliance
website at https://trade.gov/enforcement/.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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requests received by the last day of
September 2019. If Commerce does not
receive, by the last day of September
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: August 19, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–18936 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–090, C–570–091]
Certain Steel Trailer Wheels 12 to 16.5
Inches From the People’s Republic of
China: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on imports of certain steel wheels
12 to 16.5 inches in diameter (certain
steel wheels) from the People’s Republic
of China (China).
DATES: Applicable September 3, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle
Clahane and Charles Doss at (202) 482–
5449 and (202) 482–4474, respectively
(AD), and Keith Haynes at 202–482–
5139 (CVD), AD/CVD Operations, Office
III, Enforcement and Compliance, U.S.
Department of Commerce, 1401
AGENCY:
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Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on July 9, 2019,
Commerce published its affirmative
final determination of sales at less than
fair value (LTFV) and affirmative
finding of critical circumstances in the
AD investigation of certain steel wheels
from China, and its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of steel wheels
from China and affirmative finding of
critical circumstances.1 On August 22,
2019, the ITC notified Commerce of its
final affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
certain steel wheels from China, within
the meaning of sections 705(b)(1)(A)(i)
and 735(b)(1)(A)(i) of the Act.2 The ITC
also notified Commerce of its negative
findings concerning critical
circumstances with regard to imports of
this product from China.3
Scope of the Orders
The products covered by these orders
are certain steel wheels 12 to 16.5
inches in diameter from China. For a
complete description of the scope of the
orders, see the appendix to this notice.
AD Order
On August 22, 2019, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of steel wheels from China that
are sold in the United States at LTFV.
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing this
AD order. Because the ITC determined
that imports of certain steel wheels from
1 See Certain Steel Trailer Wheels 12 to 16.5
Inches in Diameter from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value, and Final Affirmative
Determination of Critical Circumstances, 84 FR
32707 (July 9, 2019) (AD Final Determination); see
also Certain Steel Trailer Wheels 12 to 16.5 Inches
in Diameter from the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination, and Final Affirmative
Determination of Critical Circumstances, 84 FR
32723 (July 9, 2019) (CVD Final Determination).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated August 22, 2019 (ITC
Notification); see also Steel Trailer Wheels from
China, Inv. No. 701–TA–609 and 731–TA–1421
(USITC Publication 4943).
3 Id.
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]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 45949-45952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18936]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 21 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
[[Page 45950]]
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
September 2019,\2\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in September for the following periods:
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\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
------------------------------------------------------------------------
Period of review
------------------------------------------------------------------------
Antidumping Duty Proceedings Period of Review
------------------------------------------------------------------------
BELARUS:
Steel Concrete Reinforcing Bars A-822-804........ 9/1/18-8/31/19
BRAZIL:
Cold-Rolled Steel Flat Products A-351-843........ 9/1/18-8/31/19
Emulsion Styrene-Butadiene Rubber A-351-849...... 9/1/18-8/31/19
INDIA:
Cold-Rolled Steel Flat Products A-533-865........ 9/1/18-8/31/19
Lined Paper Products A-533-843................... 9/1/18-8/31/19
Oil Country Tubular Goods A-533-857.............. 9/1/18-8/31/19
INDONESIA:
Steel Concrete Reinforcing Bars A-560-811........ 9/1/18-8/31/19
JAPAN:
Stainless Steel Wire Rod A-588-843............... 9/1/18-8/31/19
LATVIA:
Stainless Concrete Reinforcing Bars A-449-804.... 9/1/18-8/31/19
MEXICO:
Emulsion Styrene-Butadiene Rubber A-201-848...... 9/1/18-8/31/19
Heavy Walled Rectangular Welded Carbon Steel 9/1/18-8/31/19
Pipes and Tubes A-201-847.......................
Magnesia Carbon Bricks A-201-837................. 9/1/18-8/31/19
MOLDOVA:
Steel Concrete Reinforcing Bars A-841-804........ 9/1/18-8/31/19
POLAND:
Emulsion Styrene-Butadiene Rubber A-455-805...... 9/1/18-8/31/19
Steel Concrete Reinforcing Bars A-455-803........ 9/1/18-8/31/189
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products A-580-881........ 9/1/18-8/31/19
Emulsion Styrene-Butadiene Rubber A-580-890...... 9/1/18-8/31/19
Heavy Walled Rectangular Welded Carbon Pipes and 9/1/18-8/31/19
Tubes A-580-880.................................
Oil Country Tubular Goods A-580-870.............. 9/1/18-8/31/19
[[Page 45951]]
Stainless Steel Wire Rod A-580-829............... 9/1/18--8/31/19
SOCIALIST REPUBLIC OF VIETNAM:
Oil Country Tubular Goods A-552-817.............. 9/1/18-8/31/19
TAIWAN:
Forged Steel Fittings A-583-863.................. 5/17/18-8/31/19
Narrow Woven Ribbons With Woven Selvedge A-583- 9/1/18-8/31/19
844.............................................
Raw Flexible Magnets A-583-842................... 9/1/18-8/31/19
Stainless Steel Wire Rod A-583-828............... 9/1/18-8/31/19
THE PEOPLE'S REPUBLIC OF CHINA:
Foundry Coke A-570-862........................... 9/1/18--8/31/19
Freshwater Crawfish Tailmeat A-570-848........... 9/1/18-5/15/19
Kitchen Appliance Shelving and Racks A-570-941... 9/1/18-8/31/19
Lined Paper Products A-570-901................... 9/1/18-8/31/19
Magnesia Carbon Bricks A-570-954................. 9/1/18-8/31/19
Narrow Woven Ribbons With Woven Selvedge A-570- 9/1/18-8/31/19
952.............................................
New Pneumatic Off-the-Road Tires A-570-912....... 9/1/18-2/3/19
Raw Flexible Magnets A-570-922................... 9/1/18-8/31/19
Steel Concrete Reinforcing Bars A-570-860........ 9/1/18--8/31/19
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel 9/1/18-8/31/19
Pipes and Tubes A-489-824.......................
Oil Country Tubular Goods A-489-816.............. 9/1/18-8/31/19
UKRAINE:
Steel Concrete Reinforcing Bars A-823-809........ 9/1/18-8/31/19
UNITED KINGDOM:
Cold-Rolled Steel Flat Products A-412-824........ 9/1/18-8/31/19
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
BRAZIL:
Cold-Rolled Steel Flat Products C-351-844........ 1/1/18-12/31/18
INDIA:
Cold-Rolled Steel Flat Products C-533-866........ 1/1/18-12/31/18
Lined Paper Products C-533-844................... 1/1/18-12/31/18
Oil Country Tubular Goods C-533-858.............. 1/1/18-12/31/18
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products C-580-882........ 1/1/18-12/31/18
THE PEOPLE'S REPUBLIC OF CHINA:
Kitchen Appliance Shelving and Racks C-570-942... 1/1/18-12/31/18
Magnesia Carbon Bricks C-570-955................. 1/1/18-12/31/18
Narrow Woven Ribbons With Woven Selvedge C-570- 1/1/18-12/31/18
953.............................................
Raw Flexible Magnets C-570-923................... 1/1/18-12/31/18
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel 1/1/18-12/31/18
Pipes and Tubes C-489-825.......................
Oil Country Tubular Goods C-489-817.............. 1/1/18-12/31/18
------------------------------------------------------------------------
Suspension Agreements
------------------------------------------------------------------------
None.................................................
------------------------------------------------------------------------
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of
[[Page 45952]]
merchandise subject to antidumping findings and orders.\3\
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\3\ See also the Enforcement and Compliance website at https://trade.gov/enforcement/.
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Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\4\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of the NME entity.\5\ In administrative reviews of antidumping
duty orders on merchandise from NME countries where a review of the NME
entity has not been initiated, but where an individual exporter for
which a review was initiated does not qualify for a separate rate,
Commerce will issue a final decision indicating that the company in
question is part of the NME entity. However, in that situation, because
no review of the NME entity was conducted, the NME entity's entries
were not subject to the review and the rate for the NME entity is not
subject to change as a result of that review (although the rate for the
individual exporter may change as a function of the finding that the
exporter is part of the NME entity). Following initiation of an
antidumping administrative review when there is no review requested of
the NME entity, Commerce will instruct CBP to liquidate entries for all
exporters not named in the initiation notice, including those that were
suspended at the NME entity rate.
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\4\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\5\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request.
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of September 2019. If Commerce does not receive, by the
last day of September 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: August 19, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-18936 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-DS-P
