Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 12086-12089 [2022-04502]

Download as PDF 12086 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Final Results of Review Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: February 24, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Period of Review V. Rate for Non-Examined Companies VI. Subsidies Valuation Information VII. Benchmarks and Interest Rates VIII. Analysis of Programs IX. Recommendation [FR Doc. 2022–04490 Filed 3–2–22; 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 and Join Annual Inquiry Service List Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 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 35 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: (a) Identify which companies subject to review previously were collapsed; and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 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 12087 than 20 days after submission of initial Section D responses. Opportunity To Request a Review: Not later than the last day of March 2022,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March for the following periods: Period of review khammond on DSKJM1Z7X2PROD with NOTICES Antidumping Duty Proceedings AUSTRALIA: Certain Uncoated Paper, A–602–807 ........................................................................................................... BELGIUM: Acetone, A–423–814 ......................................................................................................................................... BRAZIL: Certain Uncoated Paper, A–351- 842 .................................................................................................................. CANADA: Iron Construction Castings, A–122–503 ............................................................................................................ FRANCE: Brass Sheet & Strip, A–427–602 ....................................................................................................................... GERMANY: Brass Sheet & Strip, A–428–602 .................................................................................................................... INDIA: Large Diameter Welded Pipe, A–533–881 .............................................................................................................. INDIA: Off-The-Road Tires, A–533–869 ............................................................................................................................. INDIA: Sulfanilic Acid, A–533–806 ...................................................................................................................................... INDONESIA: Certain Uncoated Paper, A–560–828 ........................................................................................................... ITALY: Brass Sheet & Strip, A–475–601 ............................................................................................................................ PORTUGAL: Certain Uncoated Paper, A–471–807 ........................................................................................................... REPUBLIC OF KOREA: Acetone, A–580–899 ................................................................................................................... RUSSIA: Silicon Metal, A–821–817 .................................................................................................................................... SOUTH AFRICA: Acetone, A–791–824 .............................................................................................................................. SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A–791–823 ..................................................................................... TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ................................................... THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ........................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 ........................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Amorphous Silica Fabric, A–570–038 ............................................................... THE PEOPLE’S REPUBLIC OF CHINA: Biaxial Integral Geogrid Products, A–570–036 ................................................. THE PEOPLE’S REPUBLIC OF CHINA: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 .................. THE PEOPLE’S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, A–570–122 9/10/20–2/28/22. THE PEOPLE’S REPUBLIC OF CHINA: Certain Plastic Decorative Ribbon, A–570–075 ................................................ THE PEOPLE’S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 22C and 999CC, and Parts Thereof, A–570–119 ....................................................................................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 .................... THE PEOPLE’S REPUBLIC OF CHINA: Difluoromethane (R–32), A–570–121 ................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Glycine, A–570–836 .......................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Large Diameter Welded Pipe, A–570–077 ........................................................ THE PEOPLE’S REPUBLIC OF CHINA: Sodium Hexametaphosphate, A–570–908 ........................................................ THE PEOPLE’S REPUBLIC OF CHINA: Certain Tissue Paper Products, A–570–894 ..................................................... THE PEOPLE’S REPUBLIC OF CHINA: Certain Uncoated Paper, A–570–022 ............................................................... UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 ................................................................................................ Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ..................................................................................................... INDIA: Large Diameter Welded Pipe, C–533–882 .............................................................................................................. INDIA: Off-The-Road Tires, C–533–870 ............................................................................................................................. INDIA: Sulfanilic Acid, C–533–807 ...................................................................................................................................... INDONESIA: Certain Uncoated Paper, C–560–829 ........................................................................................................... IRAN: In-Shell Pistachios, C–507–501 ................................................................................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 ........................................................................ THE PEOPLE’S REPUBLIC OF CHINA: Amorphous Silica Fabric, C–570–039 ............................................................... THE PEOPLE’S REPUBLIC OF CHINA: Biaxial Integral Geogrid Products, C–570–037 ................................................. THE PEOPLE’S REPUBLIC OF CHINA: Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ............................... THE PEOPLE’S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, C–570–123 7/13/20–12/31/21. THE PEOPLE’S REPUBLIC OF CHINA: Certain Plastic Decorative Ribbon, C–570–076 ................................................ THE PEOPLE’S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 22C and 999CC, and Parts Thereof, C–570–120 6/19/20–12/31/21. THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 .................... THE PEOPLE’S REPUBLIC OF CHINA: Fine Denier Polyester Staple Fiber, C–570–061 .............................................. THE PEOPLE’S REPUBLIC OF CHINA: Large Diameter Welded Pipe, C–570–078 ....................................................... THE PEOPLE’S REPUBLIC OF CHINA: Certain Uncoated Paper, C–570–023 ............................................................... TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ........................................................................... Suspension Agreements None. 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 8/19/20–2/28/22 3/1/21–2/28/22 8/27/20–2/28/22 3/1/21–2/28/22 3/1/21 –2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 3/1/21–2/28/22 1/1/21–12/31/21 1/1/21 –12/31/21 1/1/21- 12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21 –12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 khammond on DSKJM1Z7X2PROD with NOTICES 12088 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 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 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 3 See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-andcountervailing-duties. VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. 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 further notice.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, 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. 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 41363 (July 10, 2020). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 or Suspended Investigation’’ for requests received by the last day of March 2022. If Commerce does not receive, by the last day of March 2022, 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. Establishment of and Updates to the Annual Inquiry Service List On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register.8 On September 27, 2021, Commerce also published the notice entitled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register.9 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.10 In accordance with the Procedural Guidance, for orders published in the Federal Register before November 4, 2021, Commerce created an annual inquiry service list segment for each order and suspended investigation. Interested parties who wished to be added to the annual inquiry service list 8 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 9 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 10 Id. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES for an order submitted an entry of appearance to the annual inquiry service list segment for the order in ACCESS, and on November 4, 2021, Commerce finalized the initial annual inquiry service lists for each order and suspended investigation. Each annual inquiry service list has been saved as a public service list in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 11 As mentioned in the Procedural Guidance, beginning in January 2022, Commerce will update these annual inquiry service lists on an annual basis when the Opportunity Notice for the anniversary month of the order or suspended investigation is published in the Federal Register.12 Accordingly, Commerce will update the annual inquiry service lists for the above-listed antidumping and countervailing duty proceedings. All interested parties wishing to appear on the updated annual inquiry service list must take one of the two following actions: (1) New interested parties who did not previously submit an entry of appearance must submit a new entry of appearance at this time; (2) Interested parties who were included in the preceding annual inquiry service list must submit an amended entry of appearance to be included in the next year’s annual inquiry service list. For these interested parties, Commerce will change the entry of appearance status from ‘‘Active’’ to ‘‘Needs Amendment’’ for the annual inquiry service lists corresponding to the above-listed proceedings. This will allow those interested parties to make any necessary amendments and resubmit their entries of appearance. If no amendments need to be made, the interested party should indicate in the area on the ACCESS form requesting an explanation for the amendment that it is resubmitting its entry of appearance for inclusion in the annual inquiry service list for the following year. As mentioned in the Final Rule,13 once the petitioners and foreign governments have submitted an entry of appearance for the first time, 11 This segment has been combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 12 See Procedural Guidance, 86 FR at 53206. 13 See Final Rule, 86 FR at 52335. VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 they will automatically be added to the updated annual inquiry service list each year. Interested parties have 30 days after the date of this notice to submit new or amended entries of appearance. Commerce will then finalize the annual inquiry service lists five business days thereafter. For ease of administration, please note that Commerce requests that law firms with more than one attorney representing interested parties in a proceeding designate a lead attorney to be included on the annual inquiry service list. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 14 Accordingly, as stated above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. This notice is not required by statute but is published as a service to the international trading community. Dated: February 24, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–04502 Filed 3–2–22; 8:45 am] BILLING CODE 3510–DS–P 14 Id. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 12089 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB627] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pier 58 Reconstruction and Pier 63 Removal Projects in Seattle, Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorizations; request for comments on proposed authorizations and possible renewals. AGENCY: NMFS has received a request from the City of Seattle (City) for authorization to take marine mammals incidental to the Pier 58 Reconstruction Project and Pier 63 Removal Project in Seattle, Washington. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two incidental harassment authorizations (IHAs) to the City to incidentally take, by Level A and Level B harassment only, marine mammals during the specified activities. NMFS is also requesting comments on possible one-time, one-year renewals of each IHA that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than April 4, 2022. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Written comments should be submitted via email to ITP.Fowler@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments, including all attachments, must not exceed a 25megabyte file size. All comments received are a part of the public record and will generally be posted online at www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act without change. All personal identifying SUMMARY: E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12086-12089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04502]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review and Join 
Annual Inquiry Service List

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

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

SUPPLEMENTARY INFORMATION:

Background

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

Respondent Selection

    In the event Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, Commerce intends to 
select respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports during the period of review. We intend to release 
the CBP data under Administrative Protective Order (APO) to all parties 
having an APO within five days of publication of the initiation notice 
and to make our decision regarding respondent selection within 35 days 
of publication of the initiation Federal Register notice. Therefore, we 
encourage all parties interested in commenting on respondent selection 
to submit their APO applications on the date of publication of the 
initiation notice, or as soon thereafter as possible. Commerce invites 
comments regarding the CBP data and respondent selection within five 
days of placement of the CBP data on the record of the review.
    In the event Commerce decides it is necessary to limit individual 
examination of respondents and conduct respondent selection under 
section 777A(c)(2) of the Act:
    In general, Commerce finds that determinations concerning whether 
particular companies should be ``collapsed'' (i.e., treated as a single 
entity for purposes of calculating antidumping duty rates) require a 
substantial amount of detailed information and analysis, which often 
require follow-up questions and analysis. Accordingly, Commerce will 
not conduct collapsing analyses at the respondent selection phase of a 
review and will not collapse companies at the respondent selection 
phase unless there has been a determination to collapse certain 
companies in a previous segment of this antidumping proceeding (i.e., 
investigation, administrative review, new shipper review or changed 
circumstances review). For any company subject to a review, if Commerce 
determined, or continued to treat, that company as collapsed with 
others, Commerce will assume that such companies continue to operate in 
the same manner and will collapse them for respondent selection 
purposes. Otherwise, Commerce will not collapse companies for purposes 
of respondent selection. Parties are requested to: (a) Identify which 
companies subject to review previously were collapsed; and (b) provide 
a citation to the proceeding in which they were collapsed. Further, if 
companies are requested to complete a Quantity and Value Questionnaire 
for purposes of respondent selection, in general each company must 
report volume and value data separately for itself. Parties should not 
include data for any other party, even if they believe they should be 
treated as a single entity with that other party. If a company was 
collapsed with another company or companies in the most recently 
completed segment of a proceeding where Commerce considered collapsing 
that entity, complete quantity and value data for that collapsed entity 
must be submitted.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that requests a review 
may withdraw that request within 90 days of the date of publication of 
the notice of initiation of the requested review. The regulation 
provides that Commerce may extend this time if it is reasonable to do 
so. Determinations by Commerce to extend the 90-day deadline will be 
made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of constructed value under section 773(e) of the Act.\1\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v).

[[Page 12087]]

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 
March 2022,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in March for the following periods:
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    \2\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when Commerce is closed.

------------------------------------------------------------------------
                                                     Period of review
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
AUSTRALIA: Certain Uncoated Paper, A-602-807...           3/1/21-2/28/22
BELGIUM: Acetone, A-423-814....................           3/1/21-2/28/22
BRAZIL: Certain Uncoated Paper, A-351- 842.....           3/1/21-2/28/22
CANADA: Iron Construction Castings, A-122-503..           3/1/21-2/28/22
FRANCE: Brass Sheet & Strip, A-427-602.........           3/1/21-2/28/22
GERMANY: Brass Sheet & Strip, A-428-602........           3/1/21-2/28/22
INDIA: Large Diameter Welded Pipe, A-533-881...           3/1/21-2/28/22
INDIA: Off-The-Road Tires, A-533-869...........           3/1/21-2/28/22
INDIA: Sulfanilic Acid, A-533-806..............           3/1/21-2/28/22
INDONESIA: Certain Uncoated Paper, A-560-828...           3/1/21-2/28/22
ITALY: Brass Sheet & Strip, A-475-601..........           3/1/21-2/28/22
PORTUGAL: Certain Uncoated Paper, A-471-807....           3/1/21-2/28/22
REPUBLIC OF KOREA: Acetone, A-580-899..........           3/1/21-2/28/22
RUSSIA: Silicon Metal, A-821-817...............           3/1/21-2/28/22
SOUTH AFRICA: Acetone, A-791-824...............           3/1/21-2/28/22
SOUTH AFRICA: Carbon and Alloy Steel Wire Rod,            3/1/21-2/28/22
 A-791-823.....................................
TAIWAN: Light-Walled Rectangular Welded Carbon            3/1/21-2/28/22
 Steel Pipe and Tube, A-583-803................
THAILAND: Circular Welded Carbon Steel Pipes              3/1/21-2/28/22
 and Tubes, A-549-502..........................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium                  3/1/21-2/28/22
 Sulfate, A-570-049............................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous                 3/1/21-2/28/22
 Silica Fabric, A-570-038......................
THE PEOPLE'S REPUBLIC OF CHINA: Biaxial                   3/1/21-2/28/22
 Integral Geogrid Products, A-570-036..........
THE PEOPLE'S REPUBLIC OF CHINA: Certain Carbon            3/1/21-2/28/22
 and Alloy Steel Cut-To-Length Plate, A-570-047
THE PEOPLE'S REPUBLIC OF CHINA: Certain
 Corrosion Inhibitors, A-570-122 9/10/20-2/28/
 22............................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic           3/1/21-2/28/22
 Decorative Ribbon, A-570-075..................
THE PEOPLE'S REPUBLIC OF CHINA: Certain                  8/19/20-2/28/22
 Vertical Shaft Engines Between 22C and 999CC,
 and Parts Thereof, A-570-119..................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded           3/1/21-2/28/22
 Austenitic Stainless Pressure Pipe, A-570-930.
THE PEOPLE'S REPUBLIC OF CHINA: Difluoromethane          8/27/20-2/28/22
 (R-32), A-570-121.............................
THE PEOPLE'S REPUBLIC OF CHINA: Glycine, A-570-           3/1/21-2/28/22
 836...........................................
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter           3/1/21 -2/28/22
 Welded Pipe, A-570-077........................
THE PEOPLE'S REPUBLIC OF CHINA: Sodium                    3/1/21-2/28/22
 Hexametaphosphate, A-570-908..................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Tissue            3/1/21-2/28/22
 Paper Products, A-570-894.....................
THE PEOPLE'S REPUBLIC OF CHINA: Certain                   3/1/21-2/28/22
 Uncoated Paper, A-570-022.....................
UKRAINE: Carbon and Alloy Steel Wire Rod, A-823-          3/1/21-2/28/22
 816...........................................
 
        Countervailing Duty Proceedings
 
INDIA: Fine Denier Polyester Staple Fiber, C-            1/1/21-12/31/21
 533-876.......................................
INDIA: Large Diameter Welded Pipe, C-533-882...         1/1/21 -12/31/21
INDIA: Off-The-Road Tires, C-533-870...........         1/1/21- 12/31/21
INDIA: Sulfanilic Acid, C-533-807..............          1/1/21-12/31/21
INDONESIA: Certain Uncoated Paper, C-560-829...          1/1/21-12/31/21
IRAN: In-Shell Pistachios, C-507-501...........          1/1/21-12/31/21
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium                 1/1/21-12/31/21
 Sulfate, C-570-050............................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous                1/1/21-12/31/21
 Silica Fabric, C-570-039......................
THE PEOPLE'S REPUBLIC OF CHINA: Biaxial                  1/1/21-12/31/21
 Integral Geogrid Products, C-570-037..........
THE PEOPLE'S REPUBLIC OF CHINA: Carbon and               1/1/21-12/31/21
 Alloy Steel Cut-To-Length Plate, C-570-048....
THE PEOPLE'S REPUBLIC OF CHINA: Certain
 Corrosion Inhibitors, C-570-123 7/13/20-12/31/
 21............................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic          1/1/21-12/31/21
 Decorative Ribbon, C-570-076..................
THE PEOPLE'S REPUBLIC OF CHINA: Certain
 Vertical Shaft Engines Between 22C and 999CC,
 and Parts Thereof, C-570-120 6/19/20-12/31/21.
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded          1/1/21-12/31/21
 Austenitic Stainless Pressure Pipe, C-570-931.
THE PEOPLE'S REPUBLIC OF CHINA: Fine Denier              1/1/21-12/31/21
 Polyester Staple Fiber, C-570-061.............
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter          1/1/21 -12/31/21
 Welded Pipe, C-570-078........................
THE PEOPLE'S REPUBLIC OF CHINA: Certain                  1/1/21-12/31/21
 Uncoated Paper, C-570-023.....................
TURKEY: Circular Welded Carbon Steel Pipes and           1/1/21-12/31/21
 Tubes, C-489-502..............................
 
             Suspension Agreements
None...........................................
------------------------------------------------------------------------


[[Page 12088]]

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

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

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

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS website 
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\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 41363 (July 10, 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 March 2022. If Commerce does not receive, by the 
last day of March 2022, 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.

Establishment of and Updates to the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\8\ On September 
27, 2021, Commerce also published the notice entitled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\9\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\10\
---------------------------------------------------------------------------

    \8\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \9\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \10\ Id.
---------------------------------------------------------------------------

    In accordance with the Procedural Guidance, for orders published in 
the Federal Register before November 4, 2021, Commerce created an 
annual inquiry service list segment for each order and suspended 
investigation. Interested parties who wished to be added to the annual 
inquiry service list

[[Page 12089]]

for an order submitted an entry of appearance to the annual inquiry 
service list segment for the order in ACCESS, and on November 4, 2021, 
Commerce finalized the initial annual inquiry service lists for each 
order and suspended investigation. Each annual inquiry service list has 
been saved as a public service list in ACCESS, under each case number, 
and under a specific segment type called ``AISL-Annual Inquiry Service 
List.'' \11\
---------------------------------------------------------------------------

    \11\ This segment has been combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
---------------------------------------------------------------------------

    As mentioned in the Procedural Guidance, beginning in January 2022, 
Commerce will update these annual inquiry service lists on an annual 
basis when the Opportunity Notice for the anniversary month of the 
order or suspended investigation is published in the Federal 
Register.\12\ Accordingly, Commerce will update the annual inquiry 
service lists for the above-listed antidumping and countervailing duty 
proceedings. All interested parties wishing to appear on the updated 
annual inquiry service list must take one of the two following actions: 
(1) New interested parties who did not previously submit an entry of 
appearance must submit a new entry of appearance at this time; (2) 
Interested parties who were included in the preceding annual inquiry 
service list must submit an amended entry of appearance to be included 
in the next year's annual inquiry service list. For these interested 
parties, Commerce will change the entry of appearance status from 
``Active'' to ``Needs Amendment'' for the annual inquiry service lists 
corresponding to the above-listed proceedings. This will allow those 
interested parties to make any necessary amendments and resubmit their 
entries of appearance. If no amendments need to be made, the interested 
party should indicate in the area on the ACCESS form requesting an 
explanation for the amendment that it is resubmitting its entry of 
appearance for inclusion in the annual inquiry service list for the 
following year. As mentioned in the Final Rule,\13\ once the 
petitioners and foreign governments have submitted an entry of 
appearance for the first time, they will automatically be added to the 
updated annual inquiry service list each year.
---------------------------------------------------------------------------

    \12\ See Procedural Guidance, 86 FR at 53206.
    \13\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------

    Interested parties have 30 days after the date of this notice to 
submit new or amended entries of appearance. Commerce will then 
finalize the annual inquiry service lists five business days 
thereafter. For ease of administration, please note that Commerce 
requests that law firms with more than one attorney representing 
interested parties in a proceeding designate a lead attorney to be 
included on the annual inquiry service list.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \14\ Accordingly, as stated 
above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
---------------------------------------------------------------------------

    \14\ Id.
---------------------------------------------------------------------------

    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: February 24, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-04502 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-DS-P