Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 39531-39534 [2020-14195]

Download as PDF Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices received no other requests for an administrative review of the antidumping duty order. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ All respondents withdrew their requests for review within 90-days of the publication date of the Initiation Notice. Because we received no other requests for review of the respondents, and no other requests for the review of the order on truck and bus tires from China with respect to other companies subject to the order, we are rescinding the administrative review of the order in its entirety, in accordance with 19 CFR 351.213(d)(1). Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of truck and bus tires from China during the POR at rates equal to the cash deposit rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. Review Truck and Bus Tires from China,’’ dated April 9, 2020; see also Sailun Group’s Letter, ‘‘Sailun Withdrawal of Review Request in POR 1 of the Antidumping Duty Review of Truck and Bus Tires from the People’s Republic of China (A–570– 040),’’ dated April 14, 2020; Guangrao Kaichi Trading’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China—Withdrawal of Request for Antidumping Administrative Review,’’ dated April 30, 2020; Shandong Huasheng’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China—Withdrawal of Request for Antidumping Administrative Review,’’ dated April 30, 2020; Triangle Tyre’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China–Withdrawal of Triangle Tyre Request for the First Administrative Review,’’ dated April 30, 2020; Gaopeng Respondents’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China—Withdrawal of Request for Administrative Review,’’ dated May 6, 2020; Tongli Tyre’s Letter, ‘‘Tongli Withdrawal of Review Request in POR 1 of the Antidumping Duty Review of Truck and Bus Tires from the People’s Republic of China (A–570–040),’’ dated May 14, 2020; Giti Tire’s Letter, ‘‘Truck and Bus Tires from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated May 28, 2020; and see Giti Tire’s Letter, ‘‘Re: Truck and Bus Tires from the People’s Republic of China: Withdrawal of Request for Administrative Review— Clarification,’’ dated June 22, 2020. VerDate Sep<11>2014 01:53 Jul 01, 2020 Jkt 250001 39531 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 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. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). 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 Dated: June 25, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–14193 Filed 6–30–20; 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. 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1 39532 Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices 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 July 2020,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in July for the following periods: Antidumping Duty Proceedings BELGIUM: Citric Acid and Certain Citrate Salts A–423–813 ..................................................................................................... COLOMBIA: Citric Acid and Certain Citrate Salts A–301–803 ................................................................................................... INDIA: Corrosion-Resistant Steel Products A–533–863 ................................................................................................................. Fine Denier Polyester Staple Fiber A–533–875 .................................................................................................................. Polyethylene Terephthalate (Pet) Film A–533–824 ............................................................................................................. IRAN: In-Shell Pistachios A–507–502 ......................................................................................................................................... ITALY: Certain Pasta A–475–818 .................................................................................................................................................... Corrosion-Resistant Steel Products A–475–832 ................................................................................................................. JAPAN: Clad Steel Plate A–588–838 ................................................................................................................................................ Cold-Rolled Steel Flat Products A–588–873 ....................................................................................................................... Polyvinyl Alcohol A–588–861 ............................................................................................................................................... Stainless Steel Sheet and Strip in Coils A–588–845 .......................................................................................................... Steel Concrete Reinforcing Bar A–588–876 ........................................................................................................................ MALAYSIA: Steel Nails A–557–816 ......................................................................................................................................................... Welded Stainless Steel Pressure Pipe A–557–815 ............................................................................................................. OMAN: Steel Nails A–523–808 ......................................................................................................................................................... REPUBLIC OF KOREA: Corrosion-Resistant Steel Products A–580–878 ................................................................................................................. Fine Denier Polyester Staple Fiber A–580–893 .................................................................................................................. Stainless Steel Sheet and Strip in Coils A–580–834 .......................................................................................................... Steel Nails A–580–874 ......................................................................................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Steel Nails A–552–818 ......................................................................................................................................................... Welded Stainless Pressure Pipe A–552–816 ...................................................................................................................... TAIWAN: Corrosion-Resistant Steel Products A–583–856 ................................................................................................................. Fine Denier Polyester Staple Fiber A–583–860 .................................................................................................................. Polyethylene Terephthalate (Pet) Film A–583–837 ............................................................................................................. Stainless Steel Sheet and Strip in Coils A–583–831 .......................................................................................................... Steel Nails A–583–854 ......................................................................................................................................................... THAILAND: Carbon Steel Butt-Weld Pipe Fittings A–549–807 ............................................................................................................... Citric Acid and Certain Citrate Salts A–549–833 ................................................................................................................. Weld Stainless Steel Pressure Pipe A–549–830 ................................................................................................................. 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 01:53 Jul 01, 2020 Jkt 250001 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 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 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices THE PEOPLE’S REPUBLIC OF CHINA: Carbon Steel Butt-Weld Pipe Fittings A–570–814 ............................................................................................................... Certain Potassium Phosphate Salts A–570–962 ................................................................................................................. Certain Steel Grating A–570–947 ........................................................................................................................................ Circular Welded Carbon Quality Steel Pipe A–570–910 ..................................................................................................... Cold-Rolled Steel Flat Products A–570–029 ....................................................................................................................... Corrosion-Resistant Steel Products A–570–026 ................................................................................................................. Fine Denier Polyester Staple Fiber A–570–060 .................................................................................................................. Persulfates A–570–847 ........................................................................................................................................................ Quartz Surface Products A–570–084 .................................................................................................................................. Xanthan Gum A–570–985 .................................................................................................................................................... TURKEY: Certain Pasta A–489–805 .................................................................................................................................................... Steel Concrete Reinforcing Bar A–489–829 ........................................................................................................................ UKRAINE: Oil Country Tubular Goods A–823–815 .................................................................................................................... Countervailing Duty Proceedings INDIA: Corrosion-Resistant Steel Products C–533–864 ................................................................................................................. Polyethylene Terephthalate (Pet) Film C–533–825 ............................................................................................................. ITALY: Certain Pasta C–475–819 .................................................................................................................................................... Corrosion-Resistant Steel Products C–475–833 ................................................................................................................. REPUBLIC OF KOREA: Corrosion-Resistant Steel Products C–580–879 ................................................................................ SOCIALIST OF REPUBLIC OF VIETNAM: Steel Nails C–552–819 .......................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Certain Potassium Phosphate Salts C–570–963 ................................................................................................................. Circular Welded Carbon Quality Steel Pipe C–570–911 ..................................................................................................... Cold-Rolled Steel Flat Products C–570–030 ....................................................................................................................... Corrosion-Resistant Steel Products C–570–027 ................................................................................................................. Prestressed Concrete Steel Wire Strand C–570–946 ......................................................................................................... Quartz Surface Products C–570–085 .................................................................................................................................. Steel Grating C–570–948 ..................................................................................................................................................... TURKEY: Certain Pasta C–489–806 .................................................................................................................................................... Steel Concrete Reinforcing Bar C–489–830 ........................................................................................................................ Suspension Agreements 39533 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 11/20/18—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 7/1/19—6/30/20 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 9/21/18—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 1/1/19—12/31/19 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 VerDate Sep<11>2014 01:53 Jul 01, 2020 Jkt 250001 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 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 3 See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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 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. E:\FR\FM\01JYN1.SGM 01JYN1 39534 Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 / Notices when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. 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 July 2020. If Commerce does not receive, by the last day of July 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. 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 01:53 Jul 01, 2020 Jkt 250001 Dated: June 19, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–14195 Filed 6–30–20; 8:45 am] BILLING CODE 3510–DS–P On April 24, 2020, Commerce tolled deadlines in all administrative reviews by 50 days, thereby extending the deadline for these results until July 21, 2020.5 For details regarding the events that occurred subsequent to the initiation of the review, see the Preliminary Decision Memorandum.6 DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration The product covered by this order is emulsion styrene-butadiene rubber from Korea. For a full description of the scope, see the Preliminary Decision Memorandum. [A–580–890] Emulsion Styrene-Butadiene Rubber From the Republic of Korea: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that sales of emulsion styrene butadiene rubber (ESB rubber) from the Republic of Korea (Korea) were made at less than normal value during the period of review (POR) September 1, 2018 through August 31, 2019. We invite interested parties to comment on these preliminary results. DATES: Applicable July 1, 2020. FOR FURTHER INFORMATION CONTACT: Eliza Siordia, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3878. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 12, 2019, Commerce initiated the administrative review of the antidumping duty order on ESB rubber from Korea in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).1 This review covers seven producers/exporters of subject merchandise.2 On December 13, 2019, Commerce selected LG Chem, Ltd. (LG Chem) as the sole mandatory respondent for this review.3 On January 13, 2020, LG Chem notified Commerce that it would not participate in this administrative review.4 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 61011 (November 12, 2019). 2 Id., 84 FR 61014. 3 See Memorandum, ‘‘Administrative Review of the Antidumping Duty Order of Emulsion StyreneButadiene Rubber from the Republic of Korea: Respondent Selection,’’ dated December 13, 2019. 4 See LG Chem’s Letter, ‘‘Emulsion StyreneButadiene Rubber (ESBR) from Korea: LG Chem’s Decision to Stop Participating in AD Review,’’ dated January 13, 2020. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Methodology Commerce is conducting this review in accordance with section 751(a) of the Act. Pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available with adverse inferences (AFA) for LG Chem, because this respondent notified Commerce that it would not participate in the review. For a full description of the methodology and analysis underlying the preliminary application of AFA, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Rates for Non-Selected Companies In accordance with the U.S. Court of Appeals for the Federal Circuit’s decision in Albemarle,7 we are applying a rate based on the rate preliminarily applied to LG Chem in this administrative review (i.e., 44.30 percent) to the companies not selected 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order: Emulsion Styrene-Butadiene Rubber from the Republic of Korea; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See Albemarle Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 2016) (Albemarle). E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39531-39534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14195]


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DEPARTMENT OF COMMERCE

International Trade Administration


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

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

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

Background

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Tariff Act of 1930, as amended (the Act), may 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

[[Page 39532]]

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 
July 2020,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in July 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.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                      Antidumping Duty Proceedings
------------------------------------------------------------------------
BELGIUM: Citric Acid and Certain Citrate     7/1/19--6/30/20
 Salts A-423-813.
COLOMBIA: Citric Acid and Certain Citrate    7/1/19--6/30/20
 Salts A-301-803.
INDIA:
    Corrosion-Resistant Steel Products A-    7/1/19--6/30/20
     533-863.
    Fine Denier Polyester Staple Fiber A-    7/1/19--6/30/20
     533-875.
    Polyethylene Terephthalate (Pet) Film A- 7/1/19--6/30/20
     533-824.
IRAN: In-Shell Pistachios A-507-502........  7/1/19--6/30/20
ITALY:
    Certain Pasta A-475-818................  7/1/19--6/30/20
    Corrosion-Resistant Steel Products A-    7/1/19--6/30/20
     475-832.
JAPAN:
    Clad Steel Plate A-588-838.............  7/1/19--6/30/20
    Cold-Rolled Steel Flat Products A-588-   7/1/19--6/30/20
     873.
    Polyvinyl Alcohol A-588-861............  7/1/19--6/30/20
    Stainless Steel Sheet and Strip in       7/1/19--6/30/20
     Coils A-588-845.
    Steel Concrete Reinforcing Bar A-588-    7/1/19--6/30/20
     876.
MALAYSIA:
    Steel Nails A-557-816..................  7/1/19--6/30/20
    Welded Stainless Steel Pressure Pipe A-  7/1/19--6/30/20
     557-815.
OMAN:
    Steel Nails A-523-808..................  7/1/19--6/30/20
REPUBLIC OF KOREA:
    Corrosion-Resistant Steel Products A-    7/1/19--6/30/20
     580-878.
    Fine Denier Polyester Staple Fiber A-    7/1/19--6/30/20
     580-893.
    Stainless Steel Sheet and Strip in       7/1/19--6/30/20
     Coils A-580-834.
    Steel Nails A-580-874..................  7/1/19--6/30/20
SOCIALIST REPUBLIC OF VIETNAM:
    Steel Nails A-552-818..................  7/1/19--6/30/20
    Welded Stainless Pressure Pipe A-552-    7/1/19--6/30/20
     816.
TAIWAN:
    Corrosion-Resistant Steel Products A-    7/1/19--6/30/20
     583-856.
    Fine Denier Polyester Staple Fiber A-    7/1/19--6/30/20
     583-860.
    Polyethylene Terephthalate (Pet) Film A- 7/1/19--6/30/20
     583-837.
    Stainless Steel Sheet and Strip in       7/1/19--6/30/20
     Coils A-583-831.
    Steel Nails A-583-854..................  7/1/19--6/30/20
THAILAND:
    Carbon Steel Butt-Weld Pipe Fittings A-  7/1/19--6/30/20
     549-807.
    Citric Acid and Certain Citrate Salts A- 7/1/19--6/30/20
     549-833.
    Weld Stainless Steel Pressure Pipe A-    7/1/19--6/30/20
     549-830.

[[Page 39533]]

 
THE PEOPLE'S REPUBLIC OF CHINA:
    Carbon Steel Butt-Weld Pipe Fittings A-  7/1/19--6/30/20
     570-814.
    Certain Potassium Phosphate Salts A-570- 7/1/19--6/30/20
     962.
    Certain Steel Grating A-570-947........  7/1/19--6/30/20
    Circular Welded Carbon Quality Steel     7/1/19--6/30/20
     Pipe A-570-910.
    Cold-Rolled Steel Flat Products A-570-   7/1/19--6/30/20
     029.
    Corrosion-Resistant Steel Products A-    7/1/19--6/30/20
     570-026.
    Fine Denier Polyester Staple Fiber A-    7/1/19--6/30/20
     570-060.
    Persulfates A-570-847..................  7/1/19--6/30/20
    Quartz Surface Products A-570-084......  11/20/18--6/30/20
    Xanthan Gum A-570-985..................  7/1/19--6/30/20
TURKEY:
    Certain Pasta A-489-805................  7/1/19--6/30/20
    Steel Concrete Reinforcing Bar A-489-    7/1/19--6/30/20
     829.
UKRAINE: Oil Country Tubular Goods A-823-    7/1/19--6/30/20
 815.
                     Countervailing Duty Proceedings
------------------------------------------------------------------------
 
INDIA:
    Corrosion-Resistant Steel Products C-    1/1/19--12/31/19
     533-864.
    Polyethylene Terephthalate (Pet) Film C- 1/1/19--12/31/19
     533-825.
ITALY:
    Certain Pasta C-475-819................  1/1/19--12/31/19
    Corrosion-Resistant Steel Products C-    1/1/19--12/31/19
     475-833.
REPUBLIC OF KOREA: Corrosion-Resistant       1/1/19--12/31/19
 Steel Products C-580-879.
SOCIALIST OF REPUBLIC OF VIETNAM: Steel      1/1/19--12/31/19
 Nails C-552-819.
THE PEOPLE'S REPUBLIC OF CHINA:
    Certain Potassium Phosphate Salts C-570- 1/1/19--12/31/19
     963.
    Circular Welded Carbon Quality Steel     1/1/19--12/31/19
     Pipe C-570-911.
    Cold-Rolled Steel Flat Products C-570-   1/1/19--12/31/19
     030.
    Corrosion-Resistant Steel Products C-    1/1/19--12/31/19
     570-027.
    Prestressed Concrete Steel Wire Strand   1/1/19--12/31/19
     C-570-946.
    Quartz Surface Products C-570-085......  9/21/18--12/31/19
    Steel Grating C-570-948................  1/1/19--12/31/19
TURKEY:
    Certain Pasta C-489-806................  1/1/19--12/31/19
    Steel Concrete Reinforcing Bar C-489-    1/1/19--12/31/19
     830.
                          Suspension Agreements
------------------------------------------------------------------------
None.......................................
------------------------------------------------------------------------

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

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

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

[[Page 39534]]

when there is no review requested of the NME entity, Commerce will 
instruct CBP to liquidate entries for all exporters not named in the 
initiation notice, including those that were suspended at the NME 
entity rate.
---------------------------------------------------------------------------

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

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS website 
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
July 17, 2020, unless extended.\7\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 July 2020. If Commerce does not receive, by the last 
day of July 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: June 19, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2020-14195 Filed 6-30-20; 8:45 am]
BILLING CODE 3510-DS-P