Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 68098-68101 [2023-21799]
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices
preliminary determinations in the LTFV
investigations for Cambodia, China,
Colombia, India, Malaysia, Portugal,
Taiwan, Turkey, and Vietnam.2 The
petitioner stated that it requests
postponement due to concerns that
Commerce will need more time to issue
supplemental questionnaires to address
deficiencies in the respondents’ initial
questionnaire responses.3
For the reasons stated above, and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act and 19 CFR 351.205(e), is
postponing the deadline for the
preliminary determinations by 50 days
(i.e., 190 days after the date on which
these investigations were initiated). As
a result, Commerce will issue its
preliminary determinations no later
than December 27, 2023. In accordance
with section 735(a)(1) of the Act and 19
CFR 351.210(b)(1), the deadline for the
final determinations in these
investigations will continue to be 75
days after the date of the preliminary
determinations, unless postponed at a
later date.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: September 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–21824 Filed 10–2–23; 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:
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AGENCY:
2 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of the Preliminary Determinations,’’
dated September 19, 2023.
3 Id. at 1.
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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 U.S. 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
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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
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
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than 20 days after submission of initial
Section D responses.
Opportunity to Request a Review: Not
later than the last day of October 2023,2
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
October for the following periods:
Period
Antidumping Duty Proceedings
AUSTRALIA: Hot-Rolled Steel Flat Products, A–602–809 ...........................................................................................................
BRAZIL: Carbon and Certain Alloy Steel Wire Rod A–351–832 ..................................................................................................
INDIA: Stainless Steel Flanges, A–533–877 .................................................................................................................................
INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A–560–815 ..........................................................................................
JAPAN: Hot-Rolled Steel Flat Products, A–588–874 ....................................................................................................................
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ...............................................................................................
MEXICO: Refillable Stainless Steel Kegs, A–201–849 .................................................................................................................
MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A–841–805 ............................................................................................
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A–580–883 .........................................................................................
TAIWAN: Steel Concrete Reinforcing Bar, A–583–859 ................................................................................................................
THAILAND: Glycine, A–549–837 ..................................................................................................................................................
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A–421–813 ............................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Barium Carbonate, A–570–880 ...................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Barium Chloride, A–570–007 ......................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Boltless Steel Shelving Units Prepackaged For Sale, A–570–018 .............................
THE PEOPLE’S REPUBLIC OF CHINA: Electrolytic Manganese Dioxide, A–570–919 ..............................................................
THE PEOPLE’S REPUBLIC OF CHINA: Polyvinyl Alcohol, A–570–879 .....................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Steel Wire Garment Hangers, A–570–918 ..................................................................
TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel Wire Rod, A–274–804 ...................................................................
TURKEY: Hot-Rolled Steel Flat Products, A–489–826 .................................................................................................................
UNITED KINGDOM: Hot-Rolled Steel Flat Products, A–412–825 ...............................................................................................
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
10/1/22—9/30/23
Countervailing Duty Proceedings
BRAZIL: Carbon and Certain Alloy Steel Wire Rod, C–351–833 .................................................................................................
INDIA: Stainless Steel Flanges, C–533–878 ................................................................................................................................
IRAN: Roasted In-Shell Pistachios, C–507–601, ..........................................................................................................................
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, C–580–884 ............................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Boltless Steel Shelving Units Prepackaged For Sale, C–570–019 ............................
1/1/22—12/31/22
1/1/22 –12/31/22
1/1/22—12/31/22
1/1/22—12/31/22
1/1/22—12/31/22
Suspension Agreements
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ARGENTINA: Lemon Juice, A–357–818 .......................................................................................................................................
MEXICO: Fresh Tomatoes,3 A–201–820 ......................................................................................................................................
RUSSIA: Uranium, A–821–802 .....................................................................................................................................................
10/1/22—9/30/23
9/1/22—8/31/23
10/1/22—9/30/23
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
2 Or the next business day, if the deadline falls
on a weekend, Federal holiday or any other day
when Commerce is closed.
3 In the notice of opportunity to request
administrative review for September anniversary
orders, published in the Federal Register on
September 6, 2023 (88 FR 60923), Commerce
inadvertently listed an incorrect period of review
for this case. The correct period of review is listed
above.
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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.4
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.5 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.6 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
4 See the Enforcement and Compliance website at
https://www.trade.gov/us-antidumping-andcountervailing-duties.
5 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).
6 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
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Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.7
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.8
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
October 2023. If Commerce does not
receive, by the last day of October 2023,
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.9 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
7 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
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Federal Register.10 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.11
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
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.’’ 12
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.13 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
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
12 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.
13 See Procedural Guidance, 86 FR at 53206.
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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,14 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.
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.’’ 15
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
14 See
Final Rule, 86 FR at 52335.
15 Id.
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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: September 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–21799 Filed 10–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–870]
Certain New Pneumatic Off-the-Road
Tires From India: Final Results of
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain new pneumatic off-the-road tires
(OTR Tires) from India. The period of
review (POR) January 1, 2021, through
December 31, 2021.
DATES: Applicable October 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 5, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment.1
These final results cover 23 companies
for which an administrative review was
initiated.2 We selected two companies
for individual examination: ATC Tires
1 See Certain New Pneumatic Off-the-Road Tires
from India: Preliminary Results of Countervailing
Duty Administrative Review; 2021, 88 FR 20125
(April 5, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021).
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Private Limited (ATC) and Balkrishna
Industries Ltd. (BKT). For a description
of the events that followed the
Preliminary Results, see the Issues and
Decision Memorandum.3 Commerce
conducted this review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the Order
are OTR Tires from India. For a
complete description of the scope, see
the Issues and Decision Memorandum.4
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of these
issues is attached in Appendix I to this
notice. The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Services System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from interested
parties, a review of the record, and for
the reasons explained in the Issues and
Decision Memorandum, we made
certain revisions to the subsidy
calculations for ATC and BKT, as
detailed in the Issues and Decision
Memorandum.5 As a result of the
changes to ATC’s and BKT’s rates, the
final rate for the 21 non-selected
companies under review also changed.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found
countervailable, we find that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient and that the
subsidy is specific.6 The Issues and
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Certain New
Pneumatic Off-the-Road Tires from India; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
4 See Issues and Decision Memorandum.
5 Id. at 4.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
E:\FR\FM\03OCN1.SGM
Continued
03OCN1
]]>Agencies
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68098-68101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21799]
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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 U.S. 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
[[Page 68099]]
methodology.'' When an interested party submits a PMS allegation
pursuant to section 773(e) of the Act, Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a PMS exists under section 773(e) of the Act, then it will modify
its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity to Request a Review: Not later than the last day of
October 2023,\2\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in October 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
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
AUSTRALIA: Hot-Rolled Steel Flat Products, A-602-809. 10/1/22--9/30/23
BRAZIL: Carbon and Certain Alloy Steel Wire Rod A-351- 10/1/22--9/30/23
832.................................................
INDIA: Stainless Steel Flanges, A-533-877............ 10/1/22--9/30/23
INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/22--9/30/23
560-815.............................................
JAPAN: Hot-Rolled Steel Flat Products, A-588-874..... 10/1/22--9/30/23
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/22--9/30/23
201-830.............................................
MEXICO: Refillable Stainless Steel Kegs, A-201-849... 10/1/22--9/30/23
MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/22--9/30/23
841-805.............................................
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A- 10/1/22--9/30/23
580-883.............................................
TAIWAN: Steel Concrete Reinforcing Bar, A-583-859.... 10/1/22--9/30/23
THAILAND: Glycine, A-549-837......................... 10/1/22--9/30/23
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A- 10/1/22--9/30/23
421-813.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Barium Carbonate, A- 10/1/22--9/30/23
570-880.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Barium Chloride, A- 10/1/22--9/30/23
570-007.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Boltless Steel 10/1/22--9/30/23
Shelving Units Prepackaged For Sale, A-570-018......
THE PEOPLE'S REPUBLIC OF CHINA: Electrolytic 10/1/22--9/30/23
Manganese Dioxide, A-570-919........................
THE PEOPLE'S REPUBLIC OF CHINA: Polyvinyl Alcohol, A- 10/1/22--9/30/23
570-879.............................................
THE PEOPLE'S REPUBLIC OF CHINA: Steel Wire Garment 10/1/22--9/30/23
Hangers, A-570-918..................................
TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel 10/1/22--9/30/23
Wire Rod, A-274-804.................................
TURKEY: Hot-Rolled Steel Flat Products, A-489-826.... 10/1/22--9/30/23
UNITED KINGDOM: Hot-Rolled Steel Flat Products, A-412- 10/1/22--9/30/23
825.................................................
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
BRAZIL: Carbon and Certain Alloy Steel Wire Rod, C- 1/1/22--12/31/22
351-833.............................................
INDIA: Stainless Steel Flanges, C-533-878............ 1/1/22 -12/31/22
IRAN: Roasted In-Shell Pistachios, C-507-601,........ 1/1/22--12/31/22
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat 1/1/22--12/31/22
Products, C-580-884.................................
THE PEOPLE'S REPUBLIC OF CHINA: Boltless Steel 1/1/22--12/31/22
Shelving Units Prepackaged For Sale, C-570-019......
------------------------------------------------------------------------
Suspension Agreements
------------------------------------------------------------------------
ARGENTINA: Lemon Juice, A-357-818.................... 10/1/22--9/30/23
MEXICO: Fresh Tomatoes,\3\ A-201-820................. 9/1/22--8/31/23
RUSSIA: Uranium, A-821-802........................... 10/1/22--9/30/23
------------------------------------------------------------------------
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.
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\3\ In the notice of opportunity to request administrative
review for September anniversary orders, published in the Federal
Register on September 6, 2023 (88 FR 60923), Commerce inadvertently
listed an incorrect period of review for this case. The correct
period of review is listed above.
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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
[[Page 68100]]
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.\4\
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\4\ See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-and-countervailing-duties.
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Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\5\ 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.\6\ In administrative reviews of antidumping
duty orders on merchandise from NME countries where a review of the NME
entity has not been initiated, but where an individual exporter for
which a review was initiated does not qualify for a separate rate,
Commerce will issue a final decision indicating that the company in
question is part of the NME entity. However, in that situation, because
no review of the NME entity was conducted, the NME entity's entries
were not subject to the review and the rate for the NME entity is not
subject to change as a result of that review (although the rate for the
individual exporter may change as a function of the finding that the
exporter is part of the NME entity). Following initiation of an
antidumping administrative review when there is no review requested of
the NME entity, Commerce will instruct CBP to liquidate entries for all
exporters not named in the initiation notice, including those that were
suspended at the NME entity rate.
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\5\ 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).
\6\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\7\ 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.\8\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of October 2023. If Commerce does not receive, by the
last day of October 2023, 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.\9\ On September
27, 2021, Commerce also published the notice entitled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\10\ 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.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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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 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.'' \12\
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\12\ 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.
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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.\13\ 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
[[Page 68101]]
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,\14\ 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.
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\13\ See Procedural Guidance, 86 FR at 53206.
\14\ See Final Rule, 86 FR at 52335.
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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.'' \15\ 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.
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\15\ Id.
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This notice is not required by statute but is published as a
service to the international trading community.
Dated: September 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-21799 Filed 10-2-23; 8:45 am]
BILLING CODE 3510-DS-P
