Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 33628-33631 [2020-11887]

Download as PDF 33628 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited, or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification khammond on DSKJM1Z7X2PROD with NOTICES Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an 20:46 Jun 01, 2020 Jkt 250001 written description of the subject merchandise is dispositive. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Appendix II Dated: May 22, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 705(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise from China no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. VerDate Sep<11>2014 APO is a violation which is subject to sanction. Scope of the Investigation The merchandise covered by the scope of this investigation is certain collated steel staples. Certain collated steel staples subject to these investigations are made from steel wire having a nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may be manufactured from any type of steel, and are included in the scope of this investigation regardless of whether they are uncoated or coated, and regardless of the type or number of coatings, including but not limited to coatings to inhibit corrosion. Certain collated steel staples may be collated using any material or combination of materials, including but not limited to adhesive, glue, and adhesive film or adhesive or paper tape. Certain collated steel staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM F1667–18a, but can also be made to other specifications. Excluded from the scope of this investigation are any carton-closing staples covered by the scope of the existing antidumping duty order on Carton-Closing Staples from the People’s Republic of China. See Carton-Closing Staples from the People’s Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018). Also excluded are collated fasteners commonly referred to as ‘‘C-ring hog rings’’ and ‘‘D-ring hog rings’’ produced from stainless or carbon steel wire having a nominal diameter of 0.050 to 0.081 inches, inclusive. C-ring hog rings are fasteners whose legs are not perpendicular to the crown, but are curved inward resulting in the fastener forming the shape of the letter ‘‘C’’. D-ring hog rings are fasteners whose legs are straight but not perpendicular to the crown, instead intersecting with the crown at an angle ranging from 30 degrees to 75 degrees. The hog rings subject to the exclusion are collated using glue, adhesive, or tape. The hog rings subject to this exclusion have either a 90 degree blunt point or 15–75 degree divergent point. Certain collated steel staples subject to this investigation are currently classifiable under subheading 8305.20.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether It Is Appropriate to Apply AFA to the EBC Program Comment 2: Whether It Is Appropriate to Apply AFA to Reported ‘‘Other Subsidies’’ Comment 3: Whether to Make an Affirmative Final Critical Circumstances Determination Comment 4: Whether to Apply AFA to the Provision of Electricity for LTAR Comment 5: Whether to Correct the Electricity Benchmark Rates Comment 6: Whether the Land Benchmark Is Flawed Comment 7: Whether to Include the Upstream Subsidy Benefit in the Final Determination 7a. Whether the Deferment of the Upstream Subsidy Allegation Is Improper 7b. Whether All Facts Are on the Record to Calculate Upstream Subsidy Benefit Comment 8: Whether to Apply Benefit AFA for the Provision of Galvanized Steel Wire for LTAR VIII. Recommendation [FR Doc. 2020–11892 Filed 6–1–20; 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 E:\FR\FM\02JNN1.SGM 02JNN1 33629 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce finds that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial Section D responses. Opportunity To Request a Review: Not later than the last day of June 2020,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in June for the following periods: Antidumping Duty Proceedings GERMANY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–428–845 .................................................... INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–533–873 ................................................................. Glycine, A–533–883 ............................................................................................................................................................... ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–475–838 ............................................................ JAPAN: Carbon and Alloy Seamless Standard, Line, and Pressure (over 41⁄2 inches), A–588–850 ................................................ Carbon and Alloy Seamless Standard, Line, and Pressure (under 41⁄2 inches), A–588–851 .............................................. Glycine, A–588–878 ............................................................................................................................................................... MEXICO: Prestressed Concrete Steel Rail Tie Wire, A–201–843 ............................................................................................... REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–580–892 ................................ 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 00:16 Jun 02, 2020 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\02JNN1.SGM 02JNN1 6/1/19–5/31/20 6/1/19–5/31/20 10/31/18–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 10/31/18–5/31/20 6/1/19–6/23/19 6/1/19–5/31/20 33630 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices SOCIALIST REPUBLIC OF VIETNAM: Certain Tool Chests and Cabinets, A–552–821 .................................................................................................................... Laminated Woven Sacks, A–552–823 ................................................................................................................................... SPAIN: Chlorinated Isocyanurates, A–469–814 ................................................................................................................................. Finished Carbon Steel Flanges, A–469–815 ......................................................................................................................... SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–441–801 ............................................ TAIWAN: Helical Spring Lock Washers, A–583–820 .................................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Artist Canvas, A–570–899 ...................................................................................................................................................... Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–570–058 ................................................................. Certain Tool Chests and Cabinets, A–570–056 .................................................................................................................... Chlorinated Isocyanurates, A–570–898 ................................................................................................................................. Furfuryl Alcohol, A–570–835 .................................................................................................................................................. High Pressure Steel Cylinders, A–570–977 ........................................................................................................................... Certain Polyester Staple Fiber, A–570–905 ........................................................................................................................... Prestressed Concrete Steel Rail Tie Wire, A–570–990 ......................................................................................................... Prestressed Concrete Steel Wire Strand, A–570–945 .......................................................................................................... Silicon Metal, A–570–806 ....................................................................................................................................................... Tapered Roller Bearings, A–570–601 .................................................................................................................................... Countervailing Duty Proceedings INDIA: Glycine, C–533–884 .......................................................................................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks, C–552–824 .......................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Glycine, C–570–081 ............................................................................................................................................................... High Pressure Steel Cylinders, C–570–978 .......................................................................................................................... Stainless Steel Flanges, C–570–065 ..................................................................................................................................... 6/1/19–5/31/20 10/11/18–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–6/23/19 6/1/19–5/31/20 6/1/19–5/31/20 6/1/19–5/31/20 9/4/18–12/31/19 8/13/18–12/31/19 9/4/18–12/31/19 1/1/19–12/31/19 1/1/19–12/31/19 Suspension Agreements khammond on DSKJM1Z7X2PROD with NOTICES None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.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 3 See the Enforcement and Compliance website at https://legacy.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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 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. E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices 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. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until July 17, 2020, unless extended.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of June 2020. If Commerce does not receive, by the last day of June 2020, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: May 27, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–11887 Filed 6–1–20; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 29615 (May 18, 2020). VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 DEPARTMENT OF COMMERCE [C–570–127] Certain Non-Refillable Steel Cylinders From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 2, 2020. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 16, 2020, the Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain non-refillable steel cylinders from the People’s Republic of China.1 Currently, the preliminary determination is due no later than June 22, 2020. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request.2 On May 22, 2020, the petitioner in this investigation 3 submitted a timely 1 See Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 85 FR 22407 (April 22, 2020). 2 See 19 CFR 351.205(e). 3 The petitioner is Worthington Industries. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 33631 request that Commerce postpone the preliminary CVD determination.4 According to the petitioner, additional time is necessary to allow Commerce to analyze fully the questionnaire responses, request any necessary clarifications, and determine the extent to which countervailable subsidies have benefited the respondents in the preliminary phase of this proceeding.5 Consistent with 19 CFR 351.205(e), the petitioner stated the reasons for its request, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., August 24, 2020. Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 27, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–11863 Filed 6–1–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA205] Schedules for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshops; correction. AGENCY: NMFS announces that the dates for the Atlantic Shark Identification workshops originally scheduled for May 7, 2020, in Ronkonkoma, NY, and for June 11, SUMMARY: 4 See Petitioner’s Letter, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China—Petitioner’s Request to Postpone Preliminary Determination,’’ dated May 22, 2020. 5 Id. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33628-33631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11887]


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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

[[Page 33629]]

Act of 1930, as amended (the Act), may request, in accordance with 19 
CFR 351.213, that the Department of Commerce (Commerce) conduct an 
administrative review of that antidumping or countervailing duty order, 
finding, or suspended investigation.
    All deadlines for the submission of comments or actions by Commerce 
discussed below refer to the number of calendar days from the 
applicable starting date.

Respondent Selection

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

    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------

    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial Section D 
responses.
    Opportunity To Request a Review: Not later than the last day of 
June 2020,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in June for the following periods:
---------------------------------------------------------------------------

    \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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             Antidumping Duty Proceedings
 
GERMANY: Certain Cold-Drawn Mechanical Tubing of          6/1/19-5/31/20
 Carbon and Alloy Steel, A-428-845...................
INDIA:
    Certain Cold-Drawn Mechanical Tubing of Carbon        6/1/19-5/31/20
     and Alloy Steel, A-533-873......................
    Glycine, A-533-883...............................   10/31/18-5/31/20
ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon     6/1/19-5/31/20
 and Alloy Steel, A-475-838..........................
JAPAN:
    Carbon and Alloy Seamless Standard, Line, and         6/1/19-5/31/20
     Pressure (over 4\1/2\ inches), A-588-850........
    Carbon and Alloy Seamless Standard, Line, and         6/1/19-5/31/20
     Pressure (under 4\1/2\ inches), A-588-851.......
    Glycine, A-588-878...............................   10/31/18-5/31/20
MEXICO: Prestressed Concrete Steel Rail Tie Wire, A-      6/1/19-6/23/19
 201-843.............................................
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical          6/1/19-5/31/20
 Tubing of Carbon and Alloy Steel, A-580-892.........

[[Page 33630]]

 
SOCIALIST REPUBLIC OF VIETNAM:
    Certain Tool Chests and Cabinets, A-552-821......     6/1/19-5/31/20
    Laminated Woven Sacks, A-552-823.................   10/11/18-5/31/20
SPAIN:
    Chlorinated Isocyanurates, A-469-814.............     6/1/19-5/31/20
    Finished Carbon Steel Flanges, A-469-815.........     6/1/19-5/31/20
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of      6/1/19-5/31/20
 Carbon and Alloy Steel, A-441-801...................
TAIWAN: Helical Spring Lock Washers, A-583-820.......     6/1/19-5/31/20
THE PEOPLE'S REPUBLIC OF CHINA:
    Artist Canvas, A-570-899.........................     6/1/19-5/31/20
    Certain Cold-Drawn Mechanical Tubing of Carbon        6/1/19-5/31/20
     and Alloy Steel, A-570-058......................
    Certain Tool Chests and Cabinets, A-570-056......     6/1/19-5/31/20
    Chlorinated Isocyanurates, A-570-898.............     6/1/19-5/31/20
    Furfuryl Alcohol, A-570-835......................     6/1/19-5/31/20
    High Pressure Steel Cylinders, A-570-977.........     6/1/19-5/31/20
    Certain Polyester Staple Fiber, A-570-905........     6/1/19-5/31/20
    Prestressed Concrete Steel Rail Tie Wire, A-570-      6/1/19-6/23/19
     990.............................................
    Prestressed Concrete Steel Wire Strand, A-570-945     6/1/19-5/31/20
    Silicon Metal, A-570-806.........................     6/1/19-5/31/20
    Tapered Roller Bearings, A-570-601...............     6/1/19-5/31/20
 
           Countervailing Duty Proceedings
 
INDIA: Glycine, C-533-884............................    9/4/18-12/31/19
SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks,   8/13/18-12/31/19
 C-552-824...........................................
THE PEOPLE'S REPUBLIC OF CHINA:
    Glycine, C-570-081...............................    9/4/18-12/31/19
    High Pressure Steel Cylinders, C-570-978.........    1/1/19-12/31/19
    Stainless Steel Flanges, C-570-065...............    1/1/19-12/31/19
 
                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\
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    \3\ See the Enforcement and Compliance website at https://legacy.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.
---------------------------------------------------------------------------

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS

[[Page 33631]]

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. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
July 17, 2020, unless extended.\7\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 29615 (May 18, 2020).
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    Commerce will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of June 2020. If Commerce does not receive, by the last 
day of June 2020, a request for review of entries covered by an order, 
finding, or suspended investigation listed in this notice and for the 
period identified above, Commerce will instruct CBP to assess 
antidumping or countervailing duties on those entries at a rate equal 
to the cash deposit of estimated antidumping or countervailing duties 
required on those entries at the time of entry, or withdrawal from 
warehouse, for consumption and to continue to collect the cash deposit 
previously ordered.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: May 27, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2020-11887 Filed 6-1-20; 8:45 am]
 BILLING CODE 3510-DS-P