Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 52068-52071 [2019-21293]

Download as PDF 52068 Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303.1 Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.2 Parties must use the certification formats provided in 19 CFR 351.303(g).3 Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. On April 10, 2013, Commerce modified two regulations related to AD/ CVD proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).4 Parties are advised to review the final rule, available at https:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these segments. To the extent that other regulations govern the submission of factual information in a segment (such as 19 CFR 351.218), these time limits will continue to be applied. Parties are also advised to review the final rule concerning the extension of time limits for submissions in AD/CVD proceedings, available at https:// enforcement.trade.gov/frn/2013/ 1309frn/2013-22853.txt, prior to submitting factual information in these segments.5 jbell on DSK3GLQ082PROD with NOTICES Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance 1 See also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 2 See section 782(b) of the Act. 3 See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013). Answers to frequently asked questions regarding the Final Rule are available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 4 See Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013). 5 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). VerDate Sep<11>2014 18:10 Sep 30, 2019 Jkt 250001 as discussed at 19 CFR 351.103(d)). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.6 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the Commission’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. 6 See PO 00000 19 CFR 351.218(d)(1)(iii). Frm 00009 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: September 23, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–21292 Filed 9–30–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices 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 52069 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 October 2019,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in October for the following periods: jbell on DSK3GLQ082PROD with NOTICES Period of review Antidumping Duty Proceedings AUSTRALIA: Hot-Rolled Steel Flat Products, A–602–809 ........................................................................................................... BRAZIL: Carbon and Certain Alloy Steel Wire Rod, A–351–832 ......................................................................................................... Hot-Rolled Steel Flat Products, A–351–845 .......................................................................................................................... INDIA: Stainless Steel Flanges, A–533–877 ................................................................................................................................. INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A–560–815 .......................................................................................... ITALY: Pressure Sensitive Plastic Tape, A–475–059 ................................................................................................................... JAPAN: Hot-Rolled Steel Flat Products, A–588–874 .................................................................................................................... MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ............................................................................................... MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A–841–805 ............................................................................................ REPUBLIC OF KOREA: Hot-Rolled Flat Products, A–580–883 ................................................................................................... TAIWAN: Steel Concrete Reinforcing Bar, A–583–859 ................................................................................................................ THE NETHERLANDS: Hot-Rolled Flat Products, A–421–813 ..................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Barium Carbonate, A–570–880 .............................................................................................................................................. Barium Chloride, A–570–007 ................................................................................................................................................. Boltless Steel Shelving Units Prepackaged For Sale, A–570–018 ....................................................................................... Certain Cut-To-Length Carbon Steel, A–570–849 ................................................................................................................. Electrolytic Manganese Dioxide, A–570–919 ......................................................................................................................... 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 18:10 Sep 30, 2019 Jkt 250001 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 3/28/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 52070 Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices Period of review Helical Spring Lock Washers, A–570–822 ............................................................................................................................. Polyvinyl Alcohol, A–570–879 ................................................................................................................................................ Steel Wire Garment Hangers, A–570–918 ............................................................................................................................ TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel Wire Rod, A–274–804 ................................................................... TURKEY: Hot-Rolled Steel Flat Products, A–489–826 ................................................................................................................. UNITED KINGDOM: Hot-Rolled Steel Flat Products, A–412–825 ............................................................................................... 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 10/1/18–9/30/19 Countervailing Duty Proceedings BRAZIL: Carbon and Certain Alloy Steel Wire Rod, C–351–833 ........................................................................................................ Hot-Rolled Steel Flat Products, C–351–846 .......................................................................................................................... INDIA: Stainless Steel Flanges, C–533–878 ................................................................................................................................ IRAN: Roasted In Shell Pistachios, C–507–601 ........................................................................................................................... REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C–580–884 ......................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Boltless Steel Shelving Units Prepackaged For Sale, C–570–019 ............................ 1/1/18–12/31/18 1/1/18–12/31/18 1/23/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 1/1/18–12/31/18 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 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 VerDate Sep<11>2014 18:10 Sep 30, 2019 Jkt 250001 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless 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 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. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 requests received by the last day of October 2019. If Commerce does not receive, by the last day of October 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. 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Notices 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: September 23, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. purchasing these cage tags will be provided in a letter to ITQ allocation holders in these fisheries from NMFS within the next several weeks. Authority: 16 U.S.C. 1801 et seq. Dated: September 26, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–21278 Filed 9–30–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FR Doc. 2019–21293 Filed 9–30–19; 8:45 am] BILLING CODE 3510–DS–P RIN 0648–XV013 DEPARTMENT OF COMMERCE Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Oceanic and Atmospheric Administration Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Notice That Vendor Will Provide 2020 Cage Tags National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of vendor to provide fishing year 2020 cage tags. jbell on DSK3GLQ082PROD with NOTICES AGENCY: SUMMARY: NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2020 (January 1, 2020– December 31, 2020) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags. FOR FURTHER INFORMATION CONTACT: Aimee Ahles, Fishery Management Specialist, (978) 281–9373 SUPPLEMENTARY INFORMATION: The Federal Atlantic surfclam and ocean quahog fishery regulations at 50 CFR 648.77(b) authorize the Regional Administrator of the Greater Atlantic Region, NMFS, to specify in the Federal Register a vendor from whom cage tags, required under the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP), shall be purchased. Notice is hereby given that National Band and Tag Company of Newport, Kentucky, is the authorized vendor of cage tags required for the fishing year 2020 Federal surfclam and ocean quahog fisheries. Detailed instructions for VerDate Sep<11>2014 18:10 Sep 30, 2019 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR 69 Review Workshop for Atlantic Menhaden. AGENCY: [RTID 0648–XX018] Jkt 250001 SUMMARY: The SEDAR 69 assessment(s) of the Atlantic stock of Menhaden will consist of a series of workshops and webinars: Stock Identification (ID) Workshop; Stock ID Review Workshop; Stock ID Joint Cooperator Technical Review; Data Workshop; Assessment Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR 69 Review Workshop has been scheduled for November 4, 2019, from 9 a.m. until 6 p.m.; November 5–7, 2019, from 8 a.m. until 6 p.m., and November 8, 2019, from 8 a.m. until 1 p.m. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from or completed prior to the time established by this notice. ADDRESSES: Meeting address: The SEDAR 69 Review Workshop will be held at the Town and Country Inn, 2008 Savannah Highway, Charleston, SC 29407; phone: (843) 571–1000. SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405; www.sedarweb.org. FOR FURTHER INFORMATION CONTACT: Kathleen Howington, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 52071 phone: (843) 571–4366; email: kathleen.howington@safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a threestep process including: (1) Data Workshop; (2) Assessment Process utilizing webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and nongovernmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion at the Review Workshop are as follows: • Review the stock assessment report and determine if it is scientifically sound. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52068-52071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21293]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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

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

SUPPLEMENTARY INFORMATION:

Background

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

Respondent Selection

    In the event Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below,
    Commerce intends to select respondents based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports during the period of 
review. We intend to release the CBP data under Administrative 
Protective Order (APO) to all parties having an APO within five

[[Page 52069]]

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 
October 2019,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in October for the following periods:
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    \2\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when Commerce is closed.

------------------------------------------------------------------------
                                                        Period of review
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             Antidumping Duty Proceedings
 
AUSTRALIA: Hot-Rolled Steel Flat Products, A-602-809.    10/1/18-9/30/19
BRAZIL:
    Carbon and Certain Alloy Steel Wire Rod, A-351-      10/1/18-9/30/19
     832.............................................
    Hot-Rolled Steel Flat Products, A-351-845........    10/1/18-9/30/19
INDIA: Stainless Steel Flanges, A-533-877............    3/28/18-9/30/19
INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A-   10/1/18-9/30/19
 560-815.............................................
ITALY: Pressure Sensitive Plastic Tape, A-475-059....    10/1/18-9/30/19
JAPAN: Hot-Rolled Steel Flat Products, A-588-874.....    10/1/18-9/30/19
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/18-9/30/19
 201-830.............................................
MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A-     10/1/18-9/30/19
 841-805.............................................
REPUBLIC OF KOREA: Hot-Rolled Flat Products, A-580-      10/1/18-9/30/19
 883.................................................
TAIWAN: Steel Concrete Reinforcing Bar, A-583-859....    10/1/18-9/30/19
THE NETHERLANDS: Hot-Rolled Flat Products, A-421-813.    10/1/18-9/30/19
THE PEOPLE'S REPUBLIC OF CHINA:
    Barium Carbonate, A-570-880......................    10/1/18-9/30/19
    Barium Chloride, A-570-007.......................    10/1/18-9/30/19
    Boltless Steel Shelving Units Prepackaged For        10/1/18-9/30/19
     Sale, A-570-018.................................
    Certain Cut-To-Length Carbon Steel, A-570-849....    10/1/18-9/30/19
    Electrolytic Manganese Dioxide, A-570-919........    10/1/18-9/30/19

[[Page 52070]]

 
    Helical Spring Lock Washers, A-570-822...........    10/1/18-9/30/19
    Polyvinyl Alcohol, A-570-879.....................    10/1/18-9/30/19
    Steel Wire Garment Hangers, A-570-918............    10/1/18-9/30/19
TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel      10/1/18-9/30/19
 Wire Rod, A-274-804.................................
TURKEY: Hot-Rolled Steel Flat Products, A-489-826....    10/1/18-9/30/19
UNITED KINGDOM: Hot-Rolled Steel Flat Products, A-412-   10/1/18-9/30/19
 825.................................................
 
           Countervailing Duty Proceedings
BRAZIL:
    Carbon and Certain Alloy Steel Wire Rod, C-351-      1/1/18-12/31/18
     833.............................................
    Hot-Rolled Steel Flat Products, C-351-846........    1/1/18-12/31/18
INDIA: Stainless Steel Flanges, C-533-878............   1/23/18-12/31/18
IRAN: Roasted In Shell Pistachios, C-507-601.........    1/1/18-12/31/18
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C-    1/1/18-12/31/18
 580-884.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Boltless Steel           1/1/18-12/31/18
 Shelving Units Prepackaged For Sale, C-570-019......
 
                Suspension Agreements
None.................................................
------------------------------------------------------------------------

    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. If the interested party intends for the 
Secretary to review sales of merchandise by an exporter (or a producer 
if that producer also exports merchandise from other suppliers) which 
was produced in more than one country of origin and each country of 
origin is subject to a separate order, then the interested party must 
state specifically, on an order-by-order basis, which exporter(s) the 
request is intended to cover.
    Note that, for any party Commerce was unable to locate in prior 
segments, Commerce will not accept a request for an administrative 
review of that party absent new information as to the party's location. 
Moreover, if the interested party who files a request for review is 
unable to locate the producer or exporter for which it requested the 
review, the interested party must provide an explanation of the 
attempts it made to locate the producer or exporter at the same time it 
files its request for review, in order for the Secretary to determine 
if the interested party's attempts were reasonable, pursuant to 19 CFR 
351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice 
with respect to the collection of final antidumping duties on imports 
of merchandise where intermediate firms are involved. The public should 
be aware of this clarification in determining whether to request an 
administrative review of merchandise subject to antidumping findings 
and orders.\3\
---------------------------------------------------------------------------

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

    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
reviews.\4\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity.\5\ In administrative reviews of antidumping 
duty orders on merchandise from NME countries where a review of the NME 
entity has not been initiated, but where an individual exporter for 
which a review was initiated does not qualify for a separate rate, 
Commerce will issue a final decision indicating that the company in 
question is part of the NME entity. However, in that situation, because 
no review of the NME entity was conducted, the NME entity's entries 
were not subject to the review and the rate for the NME entity is not 
subject to change as a result of that review (although the rate for the 
individual exporter may change as a function of the finding that the 
exporter is part of the NME entity). Following initiation of an 
antidumping administrative review when there is no review requested of 
the NME entity, Commerce will instruct CBP to liquidate entries for all 
exporters not named in the initiation notice, including those that were 
suspended at the NME entity rate.
---------------------------------------------------------------------------

    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \5\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized 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 October 2019. If Commerce does not receive, by the 
last day of October 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.

[[Page 52071]]

    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: September 23, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2019-21293 Filed 9-30-19; 8:45 am]
BILLING CODE 3510-DS-P

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