Initiation of Antidumping and Countervailing Duty Administrative Reviews, 74404-74408 [2022-26404]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74404-74408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26404]


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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 U.S. Department of Commerce (Commerce) has received 
requests to conduct administrative reviews of various antidumping duty 
(AD) and countervailing duty (CVD) orders with October anniversary 
dates. In accordance with Commerce's regulations, we are initiating 
those administrative reviews.

DATES: Applicable December 5, 2022.

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 
with October 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

    With respect to antidumping administrative reviews, 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 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.
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    \1\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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Respondent Selection

    In the event Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, Commerce intends to 
select respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports during the 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 35 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

[[Page 74405]]

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.
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    \2\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial 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://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal 
Register notice. In responding to the certification, please follow the 
``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 Separate Rate 
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://access.trade.gov/Resources/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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    Exporters and producers must file a timely Separate Rate 
Application or Certification if they want to be considered for 
individual examination. Furthermore, exporters and producers who submit 
a Separate Rate Application or Certification and subsequently are 
selected as mandatory respondents will

[[Page 74406]]

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 
October 31, 2023.

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                                                          Period to be
                                                            reviewed
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                    AD Proceedings
 
India: Stainless Steel Flanges, A-533-877............    10/1/21-9/30/22
    Balkrishna Steel Forge Pvt Ltd
    BFN Forgings Private Limited (formerly Bebitz
     Flanges Works Pvt. Ltd.) \5\
    Chandan Steel Limited
    Echjay Forgings Private Limited
    Fivebros Pvt Ltd
    Goodluck India Limited
    Hilton Metal Forgings Limited
    Jai Auto Pvt. Ltd.
    Jay Jagdamba Forgings Pvt Ltd
    Jay Jagdamba Ltd
    Jay Jagdamba Profile Pvt Ltd
    Kisaan Die Tech Pvt Ltd
    Pradeep Metals Limited
    R.N. Gupta & Company Limited
    Shree Jay Jagdamba Flanges Pvt Ltd
Japan: Certain Hot-Rolled Steel Flat Products, A-588-    10/1/21-9/30/22
 874.................................................
    JFE Shoji Corporation; JFE Steel Corporation
    Nippon Steel & Sumikin Bussan Corporation
    Nippon Steel & Sumitomo Metal Corporation
    Nippon Steel & Sumikin Logistics Co., Ltd.
    Nippon Steel Corporation; Nippon Steel Nisshin
     Co., Ltd.; Nippon Steel Trading Corporation
     (formerly Nippon Steel & Sumikin Bussan
     Corporation)
    Tokyo Steel Manufacturing Co., Ltd.
Mexico: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/21-9/30/22
 201-830.............................................
    ArcelorMittal Mexico S.A. de C.V.
    Deacero S.A.P.I. de C.V.
    Grupo Villacero S.A. de C.V.
    Talleres y Aceros S.A. de C.V.
    Ternium Mexico S.A. de C.V
Mexico: Refillable Stainless Steel Kegs, A-201-849...    10/1/21-9/30/22
    Cerveceria Bajamuri S. de R.L. de C.V.
    Cerveceria Cuauhtemoc Moctezuma S.A. de C.V
    Compa[ntilde][iacute]a Cervecera de Coahuila, S.
     de R.L. de C.V.
    Compania Cervecera del Tropico S.A. de C.V.
    Thielmann Mexico S.A. de C.V.
Republic of Korea: Certain Hot-Rolled Steel Flat         10/1/21-9/30/22
 Products, A-580-883.................................
    Aekyung Chemical
    AJU Besteel Co., Ltd.
    Ameri Source Korea
    Chemaven Co., Ltd.
    Cj Cheiljedang Corp.
    Cj Global Logistics Service Inc.
    Dongkuk Industries Co., Ltd.
    Dongkuk Steel Mill Co., Ltd.
    Geco Industries Co., Ltd.
    Geumok Tech. Co., Ltd.
    Goi Tech Industries Co., Ltd.
    Golden State Corporation
    Gs Global Corp.
    Gs Holdings Corp.
    Hanawell Co., Ltd.
    Hanjin Gls Co., Ltd.
    Hankook Co., Ltd.
    HISTEEL
    Hyosung Corporation
    Hyosung Tnc Corporation
    Hyundai Glovis Co., Ltd.
    Hyundai Rb Co., Ltd.
    Hyundai Steel Company
    Il Jin Nts Co., Ltd.
    Inchang Electronics Co., Ltd.
    J&K Korea Co., Ltd.
    Jeil Industries Co., Ltd.
    Jeil Metal Co., Ltd.
    Jin Young Metal
    Jun Il Co., Ltd.

[[Page 74407]]

 
    KG Dongbu Steel Co., Ltd.
    KG Steel Corporation
    Kumkang Kind Co., Ltd.
    Lg Electronics Inc.
    Maxflex Corp.
    Mitsubishi Corp. Korea
    Mitsui Chemicals & Skc Polyurethane
    Nexteel Co., Ltd.
    POSCO and POSCO International Corporation \6\
    Samsung Electronics Co., Ltd.
    SeAH Steel Corporation
    Sja Inc. (Korea)
    Solvay Silica Korea
    Soon Ho Co., Ltd.
    Sumitomo Corp. Korea Ltd.
    Sungjin Precision
    Wintec Korea Inc.
    Wonbangtech Co., Ltd.
The Netherlands: Certain Hot-Rolled Steel Flat           10/1/21-9/30/22
 Products, A-421-813.................................
    Tata Steel Ijmuiden B.V.
The People's Republic of China: Boltless Steel           10/1/21-9/30/22
 Shelving Units Prepackaged For Sale, A-570-018......
    Changshu Jiamei Metal Products Co., Ltd.
    Fuzhou Rongyu Technology Co., Ltd.
    Haifa (Ningbo) Office Equipment Co., Ltd.
    HoiFat (Ningbo) Office Facilities Co., Ltd.
    Lianfa Metal Product Co., Ltd
    Lyon (Xiamen) Co.
    Nanjing Dongsheng Shelf Mfg.
    Ningbo Decko Metal Products Trade
    Ningbo ETDZ Huixing Trade Co., Ltd.
    Ningbo Ftz Firebird Imp.&Exp.
    Ningbo Xinguang Rack Co., Ltd.
    Ninghai Firebird Imp.&Exp.
    Pronto Great China Corp.
    Shenzhen Catch Technology
    Shenzhen Yi Chen Technology Ltd.
    Shenzhenshi Fengzhiyi Technology
    Zhejiang Limai Metal Products Co
    Zhejiang Rudi Furniture
The People's Republic of China: Electrolytic             10/1/21-9/30/22
 Manganese Dioxide, A-570-919........................
    Duracell (China) Limited
 
                   CVD Proceedings
 
India: Stainless Steel Flanges, C-533-878............    1/1/21-12/31/21
    BFN Forgings Private Limited
    Chandan Steel Limited
    Hilton Metal Forgings Limited
    Pradeep Metals Limited, India
Republic of Korea: Certain Hot-Rolled Steel Flat         1/1/21-12/31/21
 Products, C-580-884.................................
    DCE Inc.
    Dong Chuel America Inc.
    Dong Chuel Industrial Co., Ltd.
    Dongbu Incheon Steel Co., Ltd.
    Dongbu Steel Co., Ltd.
    Dongkuk Industries Co., Ltd.
    Dongkuk Steel Mill Co., Ltd.
    Hyewon Sni Corporation (H.S.I.)
    Hyundai Steel Company \7\
    JFE Shoji Trade Korea Ltd.
    POSCO
    POSCO Coated & Color Steel Co., Ltd.
    POSCO Daewoo Corporation
    POSCO International Corporation
    Soon Hong Trading Co., Ltd.
    Sung-A Steel Co., Ltd.
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[[Page 74408]]

Suspension Agreements
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    \5\ BFN Forgings Private Limited (formerly Bebitz Flanges Works 
Pvt. Ltd.) is part of a collapsed entity with the following 
companies: Viraj Impoexpo, Ltd.; Bebitz USA, Inc. (Bebitz USA); 
Flanschen werk Bebitz GmbH (FBG); Viraj Alloys, Ltd.; Viraj 
Forgings, Ltd.; Viraj Profiles Limited (Viraj); and Viraj USA, Inc. 
(Viraj USA). See e.g., Stainless Steel Flanges from India: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Critical Circumstance Determination, 83 FR 40745 (August 
16, 2018).
    \6\ Commerce previously treated POSCO and POSCO International 
Corporation as a single entity. See Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020, 86 FR 59985 
(October 29, 2021), and accompanying Preliminary Decision 
Memorandum, at 6-13, unchanged in Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2019-2020, 87 FR 12660 (March 7, 2022).
    \7\ This company may also be referred to as ``Hyundai Steel Co., 
Ltd.''
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    None.

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 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,\8\ available at www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf, 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.\9\
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    \8\ 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.
    \9\ 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.\10\ 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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    \10\ 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.\11\ 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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    \11\ 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: November 30, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-26404 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P