Initiation of Antidumping and Countervailing Duty Administrative Reviews, 47731-47737 [2020-17205]

Download as PDF Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices Cash Deposit Requirements Because Zhongji and all other companies do not have superseding cash deposit rates, i.e., there have been no final results published in subsequent administrative reviews for Zhongji and all other companies, Commerce will issue revised cash deposit instructions to Customs and Border Protection. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act. Dated: July 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17167 Filed 8–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty order on crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (China) for the period of review (POR) January 1, 2019 through December 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable August 6, 2020. FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On February 3, 2020, Commerce published the notice of opportunity to request an administrative review of the order on solar products from China for the POR of January 1, 2019 through December 31, 2019.1 On February 28, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 5938 (February 3, 2020). VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 47731 with the regulations and terms of an APO is a sanctionable violation. 2020, Commerce received a timely-filed request from Maodi Solar Technology (Dongguan) Co., Ltd. (Moadi), an exporter of subject merchandise, with respect to their entries of subject merchandise during the POR.2 Pursuant to this request and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review solely of Moadi.3 On April 2, 2020, Moadi withdrew its request for an administrative review.4 Dated: August 3, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Rescission of Review [FR Doc. 2020–17186 Filed 8–5–20; 8:45 am] Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Moadi withdrew its request for review. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries of solar products from China. Countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing 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 the date of publication of this notice of rescission of administrative review. Administrative Protective Orders Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders and findings with June anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable August 6, 2020. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, 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: This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an 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 Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders and findings with June anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. 2 See Maodi’s Letter, ‘‘Crystalline Silicon Photovoltaic Products From the People’s Republic of China—Request for Administrative Review,’’ dated February 28, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 19730, 19741 (April 8, 2020). 4 See Moadi’s Letter, ‘‘Crystalline Silicon Photovoltaic Products From the People’s Republic of China—Withdrawal of Request for Administrative Review,’’ dated April 2, 2020. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https://access.trade.gov in accordance PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1 47732 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce’s service list. jbell on DSKJLSW7X2PROD with NOTICES Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. 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, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., 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 this 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 AD proceeding (e.g., investigation, administrative review, new shipper review, or changed circumstances review). For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 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 the Quantity and Value (Q&V) 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 this proceeding where Commerce considered collapsing that entity, complete Q&V 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 has requested 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 a particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.2 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 2 See Trade Preferences Extension Act of 2015, Pub. L. 114–27, 129 Stat. 362 (2015). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 responses to section D of the questionnaire. Separate Rates In proceedings involving non-market economy (NME) countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is Commerce’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, Commerce analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, Commerce assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities. All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, Commerce requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on Commerce’s website at https://enforcement.trade.gov/nme/ nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices ‘‘Instructions for Filing the Certification’’ in the Separate Rate Certification. Separate Rate Certifications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States. Entities that currently do not have a separate rate from a completed segment of the proceeding 3 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate jbell on DSKJLSW7X2PROD with NOTICES 3 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated. VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 structure, acquisitions of new companies or facilities, or changes to their official company name,4 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Application will be available on Commerce’s website at https:// enforcement.trade.gov/nme/nme-seprate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Application, refer to the instructions contained in the application. Separate Rate Applications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Application applies equally to NMEowned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States. For exporters and producers who submit a Separate Rate Application or 4 Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 47733 Certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents. Initiation of Reviews In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following AD and CVD orders and findings. We intend to issue the final results of these reviews not later than June 30, 2021. 5 Commerce is only reviewing entries that were produced, but not exported, by Goodluck India Limited (Goodluck), and/or entries that were exported, but not produced, by Goodluck. Pursuant to a Court of International Trade decision, effective May 10, 2020, Commerce excluded from the antidumping duty order certain cold-drawn mechanical tubing of cargon and allowy steel that was produced and exported by Goodluck. See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value; Notice of Amended Final Determination Pursuant to Court Decision; and Notice of Revocation of Antidumping Duty Order, in Part, 85 FR 31742 (May 27, 2020). E:\FR\FM\06AUN1.SGM 06AUN1 VerDate Sep<11>2014 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices 17:13 Aug 05, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4725 E:\FR\FM\06AUN1.SGM 06AUN1 EN06AU20.001</GPH> jbell on DSKJLSW7X2PROD with NOTICES 47734 VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4725 E:\FR\FM\06AUN1.SGM 06AUN1 47735 EN06AU20.002</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES Duty Absorption Reviews During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an AD order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), Commerce, if requested by a domestic interested party within 30 days of the date of publication of the VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 notice of initiation of the review, will determine whether AD duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Gap Period Liquidation 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 ‘‘gap’’ period of the order (i.e., the period following the expiry of provisional measures and before definitive measures were put into E:\FR\FM\06AUN1.SGM 06AUN1 EN06AU20.003</GPH> 47736 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices place), if such a gap period is applicable to the POR. Administrative Protective Orders and Letters of Appearance Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce’s regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Factual Information Requirements jbell on DSKJLSW7X2PROD with NOTICES Commerce’s regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,6 available at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 6 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.8 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. 47737 Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: August 3, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–17205 Filed 8–5–20; 8:45 am] BILLING CODE 3510–DS–P Extension of Time Limits Regulation DEPARTMENT OF COMMERCE Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce.9 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the National Oceanic and Atmospheric Administration 8 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 9 See 19 CFR 351.302. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 [RTID 0648–XA335] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Mukilteo Multimodal Construction Project in Washington State National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Washington State Department of Transportation (WSDOT) to incidentally harass, by Level A and Level B harassment, marine mammals during pile driving and pile removal activities associated with the Mukilteo Multimodal Construction Project in Washington State. DATES: This authorization is effective from August 1, 2020 through July 31, 2021. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47731-47737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17205]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Antidumping and Countervailing Duty Administrative 
Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has received requests to 
conduct administrative reviews of various antidumping duty (AD) and 
countervailing duty (CVD) orders and findings with June anniversary 
dates. In accordance with Commerce's regulations, we are initiating 
those administrative reviews.

DATES: Applicable August 6, 2020.

FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, 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

    Commerce has received timely requests, in accordance with 19 CFR 
351.213(b), for administrative reviews of various AD and CVD orders and 
findings with June anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by Commerce discussed below 
refer to the number of calendar days from the applicable starting time.

Notice of No Sales

    If a producer or exporter named in this notice of initiation had no 
exports, sales, or entries during the period of review (POR), it must 
notify Commerce within 30 days of publication of this notice in the 
Federal Register. All submissions must be filed electronically at 
https://access.trade.gov in accordance

[[Page 47732]]

with 19 CFR 351.303.\1\ Such submissions are subject to verification in 
accordance with section 782(i) of the Tariff Act of 1930, as amended 
(the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy 
must be served on every party on Commerce's service list.
---------------------------------------------------------------------------

    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

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 POR. We intend to place the CBP data 
on the record within five days of publication of the initiation notice 
and to make our decision regarding respondent selection within 30 days 
of publication of the initiation Federal Register notice. Comments 
regarding the CBP data and respondent selection should be submitted 
within seven days after the placement of the CBP data on the record of 
this review. Parties wishing to submit rebuttal comments should submit 
those comments within five days after the deadline for the initial 
comments.
    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, the following guidelines regarding 
collapsing of companies for purposes of respondent selection will 
apply. In general, Commerce has found that determinations concerning 
whether particular companies should be ``collapsed'' (e.g., 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 this 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 AD proceeding 
(e.g., investigation, administrative review, new shipper review, or 
changed circumstances review). For any company subject to this 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 the 
Quantity and Value (Q&V) 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 this proceeding 
where Commerce considered collapsing that entity, complete Q&V 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 has requested 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 a particular market situation (PMS) 
for purposes of constructed value under section 773(e) of the Act.\2\ 
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.
---------------------------------------------------------------------------

    \2\ See Trade Preferences Extension Act of 2015, Pub. L. 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 responses to 
section D of the questionnaire.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce begins with a rebuttable presumption that all companies within 
the country are subject to government control and, thus, should be 
assigned a single antidumping duty deposit rate. It is Commerce's 
policy to assign all exporters of merchandise subject to an 
administrative review in an NME country this single rate unless an 
exporter can demonstrate that it is sufficiently independent so as to 
be entitled to a separate rate.
    To establish whether a firm is sufficiently independent from 
government control of its export activities to be entitled to a 
separate rate, Commerce analyzes each entity exporting the subject 
merchandise. In accordance with the separate rates criteria, Commerce 
assigns separate rates to companies in NME cases only if respondents 
can demonstrate the absence of both de jure and de facto government 
control over export activities.
    All firms listed below that wish to qualify for separate rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate rate application or 
certification, as described below. For these administrative reviews, in 
order to demonstrate separate rate eligibility, Commerce requires 
entities for whom a review was requested, that were assigned a separate 
rate in the most recent segment of this proceeding in which they 
participated, to certify that they continue to meet the criteria for 
obtaining a separate rate. The Separate Rate Certification form will be 
available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register 
notice. In responding to the certification, please follow the

[[Page 47733]]

``Instructions for Filing the Certification'' in the Separate Rate 
Certification. Separate Rate Certifications are due to Commerce no 
later than 30 calendar days after publication of this Federal Register 
notice. The deadline and requirement for submitting a Certification 
applies equally to NME-owned firms, wholly foreign-owned firms, and 
foreign sellers who purchase and export subject merchandise to the 
United States.
    Entities that currently do not have a separate rate from a 
completed segment of the proceeding \3\ should timely file a Separate 
Rate Application to demonstrate eligibility for a separate rate in this 
proceeding. In addition, companies that received a separate rate in a 
completed segment of the proceeding that have subsequently made 
changes, including, but not limited to, changes to corporate structure, 
acquisitions of new companies or facilities, or changes to their 
official company name,\4\ should timely file a Separate Rate 
Application to demonstrate eligibility for a separate rate in this 
proceeding. The Separate Rate Application will be available on 
Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. 
In responding to the Separate Rate Application, refer to the 
instructions contained in the application. Separate Rate Applications 
are due to Commerce no later than 30 calendar days after publication of 
this Federal Register notice. The deadline and requirement for 
submitting a Separate Rate Application applies equally to NME-owned 
firms, wholly foreign-owned firms, and foreign sellers that purchase 
and export subject merchandise to the United States.
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    \3\ Such entities include entities that have not participated in 
the proceeding, entities that were preliminarily granted a separate 
rate in any currently incomplete segment of the proceeding (e.g., an 
ongoing administrative review, new shipper review, etc.) and 
entities that lost their separate rate in the most recently 
completed segment of the proceeding in which they participated.
    \4\ Only changes to the official company name, rather than trade 
names, need to be addressed via a Separate Rate Application. 
Information regarding new trade names may be submitted via a 
Separate Rate Certification.
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    For exporters and producers who submit a Separate Rate Application 
or Certification and subsequently are selected as mandatory 
respondents, these exporters and producers will no longer be eligible 
for separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.

Initiation of Reviews

    In accordance with 19 CFR 351.221(c)(1)(i), we are initiating 
administrative reviews of the following AD and CVD orders and findings. 
We intend to issue the final results of these reviews not later than 
June 30, 2021.
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    \5\ Commerce is only reviewing entries that were produced, but 
not exported, by Goodluck India Limited (Goodluck), and/or entries 
that were exported, but not produced, by Goodluck. Pursuant to a 
Court of International Trade decision, effective May 10, 2020, 
Commerce excluded from the antidumping duty order certain cold-drawn 
mechanical tubing of cargon and allowy steel that was produced and 
exported by Goodluck. See Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Notice of Court Decision Not in 
Harmony With Final Determination of Sales at Less Than Fair Value; 
Notice of Amended Final Determination Pursuant to Court Decision; 
and Notice of Revocation of Antidumping Duty Order, in Part, 85 FR 
31742 (May 27, 2020).

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Duty Absorption Reviews

    During any administrative review covering all or part of a period 
falling between the first and second or third and fourth anniversary of 
the publication of an AD order under 19 CFR 351.211 or a determination 
under 19 CFR 351.218(f)(4) to continue an order or suspended 
investigation (after sunset review), Commerce, if requested by a 
domestic interested party within 30 days of the date of publication of 
the notice of initiation of the review, will determine whether AD 
duties have been absorbed by an exporter or producer subject to the 
review if the subject merchandise is sold in the United States through 
an importer that is affiliated with such exporter or producer. The 
request must include the name(s) of the exporter or producer for which 
the inquiry is requested.

Gap Period Liquidation

    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 ``gap'' period of the order (i.e., the 
period following the expiry of provisional measures and before 
definitive measures were put into

[[Page 47737]]

place), if such a gap period is applicable to the POR.

Administrative Protective Orders and Letters of Appearance

    Interested parties must submit applications for disclosure under 
administrative protective orders in accordance with the procedures 
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures 
apply to administrative reviews included in this notice of initiation. 
Parties wishing to participate in any of these administrative reviews 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of separate letters of appearance as discussed at 19 
CFR 351.103(d)).

Factual Information Requirements

    Commerce's regulations identify five categories of factual 
information in 19 CFR 351.102(b)(21), which are summarized as follows: 
(i) Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). These regulations require any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The regulations, at 19 
CFR 351.301, also provide specific time limits for such factual 
submissions based on the type of factual information being submitted. 
Please review the Final Rule,6 available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information in this segment. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\7\
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    \6\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
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    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information using 
the formats provided at the end of the Final Rule.8 Commerce 
intends to reject factual submissions in any proceeding segments if the 
submitting party does not comply with applicable certification 
requirements.
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    \8\ See section 782(b) of the Act; see also Final Rule; and the 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation

    Parties may request an extension of time limits before a time limit 
established under Part 351 expires, or as otherwise specified by 
Commerce.\9\ In general, an extension request will be considered 
untimely if it is filed after the time limit established under Part 351 
expires. For submissions which are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. on the due date. Examples include, but are 
not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 
351.309; (2) factual information to value factors under 19 CFR 
351.408(c), or to measure the adequacy of remuneration under 19 CFR 
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, 
clarification and correction filed pursuant to 19 CFR 
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate 
country and surrogate values and rebuttal; (4) comments concerning CBP 
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce 
may elect to specify a different time limit by which extension requests 
will be considered untimely for submissions which are due from multiple 
parties simultaneously. In such a case, Commerce will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This policy also requires that an extension request 
must be made in a separate, stand-alone submission, and clarifies the 
circumstances under which Commerce will grant untimely-filed requests 
for the extension of time limits. Please review the Final Rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
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    \9\ See 19 CFR 351.302.
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    These initiations and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: August 3, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2020-17205 Filed 8-5-20; 8:45 am]
BILLING CODE 3510-DS-P
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