Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 33628-33631 [2020-11887]
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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
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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
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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.
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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
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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
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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.
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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).
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2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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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
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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
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None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which was produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Note that, for any party Commerce
was unable to locate in prior segments,
Commerce will not accept a request for
an administrative review of that party
absent new information as to the party’s
location. Moreover, if the interested
party who files a request for review is
unable to locate the producer or
exporter for which it requested the
review, the interested party must
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provide an explanation of the attempts
it made to locate the producer or
exporter at the same time it files its
request for review, in order for the
Secretary to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce clarified
its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.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).
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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.
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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]
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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).
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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.
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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.
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]]>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.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity To Request a Review: Not later than the last day of
June 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:
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\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
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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.
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In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\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.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS
[[Page 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
