Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 62714-62717 [2024-16998]

Download as PDF 62714 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices Countervailable Subsidy Rates,’’ correct the all-others rate shown in the table for China to be 41.56 percent. Notification to Interested Parties This notice is issued and published in accordance with sections 706(a) of the Tariff Act of 1930, as amended, and 19 CFR 351.211(b). Dated: July 25, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–16890 Filed 7–31–24; 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: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background Each year during the anniversary month of the publication of an antidumping duty (AD) or countervailing duty (CVD) 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 AD or CVD 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 VerDate Sep<11>2014 17:17 Jul 31, 2024 Jkt 262001 U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review (POR). 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 AD 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 AD 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial Section D responses. Opportunity to Request a Review: Not later than the last day of August 2024,2 interested parties may request administrative review of the following 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 2 Or the next business day, if the deadline falls on a weekend, Federal holiday or any other day when Commerce is closed. E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 orders, findings, or suspended investigations, with anniversary dates in August for the following periods: investigations, with anniversary dates in August for the following periods: Antidumping Duty Proceedings CANADA: Utility Scale Wind Towers, A–122–867 ........................................................................................................................ GERMANY: Seamless Line and Pressure Pipe, A–428–820 .................................................................................................................... Sodium Nitrite, A–428–841 .................................................................................................................................................... INDIA: Finished Carbon Steel Flanges, A–533–871 ..................................................................................................................... INDONESIA: Utility Scale Wind Towers, A–560–833 ................................................................................................................... ITALY: Finished Carbon Steel Flanges, A–475–835 .................................................................................................................... JAPAN: Brass Sheet & Strip, A–588–704 ........................................................................................................................................... Tin Mill Products, A–588–854 ................................................................................................................................................ MALAYSIA: Polyethylene Retail Carrier Bags, A–557–813 ....................................................................................................................... Silicon Metal, A–557–820 ....................................................................................................................................................... MEXICO: Light-Walled Rectangular Pipe and Tube, A–201–836 .......................................................................................................... Standard Steel Welded Wire Mesh, A–201–853 ................................................................................................................... REPUBLIC OF KOREA: Dioctyl Terephthalate, A–580–889 ......................................................................................................................................... Large Power Transformers, A–580–867 ................................................................................................................................ Light-Walled Rectangular Pipe and Tube, A–580–859 .......................................................................................................... Low Melt Polyester Staple Fiber, A–580–895 ........................................................................................................................ Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, A–580–909 ............................................................ Utility Scale Wind Towers, A–580–902 .................................................................................................................................. ROMANIA: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe, A–485–805 (Under 41⁄2 Inches) ......................... RUSSIA: Certain Cut-to-Length Carbon Steel Plate, A–821–808 ......................................................................................................... Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, A–821–826 ............................................................ SPAIN: Ripe Olives, A–469–817 ......................................................................................................................................................... Utility Scale Wind Towers, A–469–823 .................................................................................................................................. SOCIALIST REPUBLIC OF VIETNAM: Frozen Fish Fillets, A–552–801 ............................................................................................................................................. Seamless Refined Copper Pipe and Tube, A–552–831 ........................................................................................................ Utility Scale Wind Towers, A–552–825 .................................................................................................................................. TAIWAN: Low Melt Polyester Staple Fiber, A–583–861 ............................................................................................................... THAILAND: Polyethylene Retail Carrier Bags, A–549–821 ....................................................................................................................... Steel Propane Cylinders, A–549–839 .................................................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Cast Iron Soil Pipe Fittings, A–570–062 ................................................................................................................................ Certain Metal Lockers and Parts Thereof, A–570–133 ......................................................................................................... Floor-Standing, Metal-Top Ironing Tables and Parts Thereof, A–570–888 ........................................................................... Hydrofluorocarbon Blends and Components Thereof, A–570–028 ....................................................................................... Laminated Woven Sacks, A–570–916 ................................................................................................................................... Light-Walled Rectangular Pipe and Tube, A–570–914 .......................................................................................................... Passenger Vehicle and Light Truck Tires, A–570–016 ......................................................................................................... Petroleum Wax Candles, A–570–504 .................................................................................................................................... Polyethylene Retail Carrier Bags, A–570–886 ....................................................................................................................... Sodium Nitrite, A–570–925 .................................................................................................................................................... Stainless Steel Flanges, A–570–064 ..................................................................................................................................... Steel Nails, A–570–909 .......................................................................................................................................................... Steel Propane Cylinders, A–570–086 .................................................................................................................................... Tetrahydrofurfuryl Alcohol, A–570–887 .................................................................................................................................. Tow-Behind Lawn Groomers and Parts Thereof, A–570–939 ............................................................................................... UKRAINE: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, A–823–819 ............................................................ Silicomanganese, A–823–805 ................................................................................................................................................ Countervailing Duty Proceedings CANADA: Utility Scale Wind Towers, C–122–868 ........................................................................................................................ INDIA: Finished Carbon Steel Flanges, C–533–872 .................................................................................................................... MALAYSIA: Utility Scale Wind Towers, C–557–822 ..................................................................................................................... REPUBLIC OF KOREA: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, C–580–910 ............................................................ Stainless Steel Sheet and Strip in Coils, C–580–835 ........................................................................................................... RUSSIA: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, C–821–827 ............................................................ Sodium Nitrite, C–821–837 .................................................................................................................................................... SPAIN: Ripe Olives, C–469–818 ................................................................................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Utility Scale Wind Towers, C–552–826 ......................................................................... THE PEOPLE’S REPUBLIC OF CHINA: VerDate Sep<11>2014 17:17 Jul 31, 2024 Jkt 262001 62715 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/14/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 8/1/23–7/31/24 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 62716 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Cast Iron Soil Pipe Fittings, C–570–063 ................................................................................................................................ Certain Metal Lockers and Parts Thereof, C–570–134 ......................................................................................................... Laminated Woven Sacks, C–570–917 ................................................................................................................................... Light-Walled Rectangular Pipe and Tube, C–570–915 ......................................................................................................... Passenger Vehicle and Light Truck Tires, C–570–017 ......................................................................................................... Sodium Nitrite, C–570–926 .................................................................................................................................................... Steel Propane Cylinders, C–570–087 .................................................................................................................................... Suspension Agreements None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that Commerce conduct an administrative review. For both AD and CVD reviews, the interested party must specify the individual producers or exporters covered by an AD finding or an AD or CVD 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 Commerce to review those particular producers or exporters. If the interested party intends for Commerce 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 Commerce 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 VerDate Sep<11>2014 17:17 Jul 31, 2024 Jkt 262001 request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an AD administrative review.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 AD 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 AD 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 3 See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-andcountervailing-duties. 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; PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 1/1/23–12/31/23 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 amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of August 2024. If Commerce does not receive, by the last day of August 2024, 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 Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). 8 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices 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 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 AD and CVD 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 ddrumheller on DSK120RN23PROD with NOTICES1 9 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 10 Id. 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. VerDate Sep<11>2014 17:17 Jul 31, 2024 Jkt 262001 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. 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 PO 00000 13 See Final Rule, 86 FR at 52335. 14 Id. Frm 00008 Fmt 4703 Sfmt 4703 62717 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: July 24, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–16998 Filed 7–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with the Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The U.S. International Trade Commission (ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). DATES: Applicable August 1, 2024. FOR FURTHER INFORMATION CONTACT: Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62714-62717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16998]

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

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 duty (AD) or countervailing duty (CVD) 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 AD or CVD 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 (POR). 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 AD 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 AD 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). 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
August 2024,\2\ interested parties may request administrative review of
the following

[[Page 62715]]

orders, findings, or suspended investigations, with anniversary dates
in August for the following periods:
---------------------------------------------------------------------------

\2\ Or the next business day, if the deadline falls on a
weekend, Federal holiday or any other day when Commerce is closed.

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

------------------------------------------------------------------------
Antidumping Duty Proceedings

CANADA: Utility Scale Wind Towers, A-122-867......... 8/1/23-7/31/24
GERMANY:
Seamless Line and Pressure Pipe, A-428-820....... 8/1/23-7/31/24
Sodium Nitrite, A-428-841........................ 8/1/23-7/31/24
INDIA: Finished Carbon Steel Flanges, A-533-871...... 8/1/23-7/31/24
INDONESIA: Utility Scale Wind Towers, A-560-833...... 8/1/23-7/31/24
ITALY: Finished Carbon Steel Flanges, A-475-835...... 8/1/23-7/31/24
JAPAN:
Brass Sheet & Strip, A-588-704................... 8/1/23-7/31/24
Tin Mill Products, A-588-854..................... 8/1/23-7/31/24
MALAYSIA:
Polyethylene Retail Carrier Bags, A-557-813...... 8/1/23-7/31/24
Silicon Metal, A-557-820......................... 8/1/23-7/31/24
MEXICO:
Light-Walled Rectangular Pipe and Tube, A-201-836 8/1/23-7/31/24
Standard Steel Welded Wire Mesh, A-201-853....... 8/1/23-7/31/24
REPUBLIC OF KOREA:
Dioctyl Terephthalate, A-580-889................. 8/1/23-7/31/24
Large Power Transformers, A-580-867.............. 8/1/23-7/31/24
Light-Walled Rectangular Pipe and Tube, A-580-859 8/1/23-7/31/24
Low Melt Polyester Staple Fiber, A-580-895....... 8/1/23-7/31/24
Seamless Carbon and Alloy Steel Standard, Line, 8/1/23-7/31/24
and Pressure Pipe, A-580-909....................
Utility Scale Wind Towers, A-580-902............. 8/1/23-7/31/24
ROMANIA: Carbon and Alloy Seamless Standard, Line, 8/1/23-7/31/24
and Pressure Pipe, A-485-805 (Under 4\1/2\ Inches)..
RUSSIA:
Certain Cut-to-Length Carbon Steel Plate, A-821- 8/14/23-7/31/24
808.............................................
Seamless Carbon and Alloy Steel Standard, Line, 8/1/23-7/31/24
and Pressure Pipe, A-821-826....................
SPAIN:
Ripe Olives, A-469-817........................... 8/1/23-7/31/24
Utility Scale Wind Towers, A-469-823............. 8/1/23-7/31/24
SOCIALIST REPUBLIC OF VIETNAM:
Frozen Fish Fillets, A-552-801................... 8/1/23-7/31/24
Seamless Refined Copper Pipe and Tube, A-552-831. 8/1/23-7/31/24
Utility Scale Wind Towers, A-552-825............. 8/1/23-7/31/24
TAIWAN: Low Melt Polyester Staple Fiber, A-583-861... 8/1/23-7/31/24
THAILAND:
Polyethylene Retail Carrier Bags, A-549-821...... 8/1/23-7/31/24
Steel Propane Cylinders, A-549-839............... 8/1/23-7/31/24
THE PEOPLE'S REPUBLIC OF CHINA:
Cast Iron Soil Pipe Fittings, A-570-062.......... 8/1/23-7/31/24
Certain Metal Lockers and Parts Thereof, A-570- 8/1/23-7/31/24
133.............................................
Floor-Standing, Metal-Top Ironing Tables and 8/1/23-7/31/24
Parts Thereof, A-570-888........................
Hydrofluorocarbon Blends and Components Thereof, 8/1/23-7/31/24
A-570-028.......................................
Laminated Woven Sacks, A-570-916................. 8/1/23-7/31/24
Light-Walled Rectangular Pipe and Tube, A-570-914 8/1/23-7/31/24
Passenger Vehicle and Light Truck Tires, A-570- 8/1/23-7/31/24
016.............................................
Petroleum Wax Candles, A-570-504................. 8/1/23-7/31/24
Polyethylene Retail Carrier Bags, A-570-886...... 8/1/23-7/31/24
Sodium Nitrite, A-570-925........................ 8/1/23-7/31/24
Stainless Steel Flanges, A-570-064............... 8/1/23-7/31/24
Steel Nails, A-570-909........................... 8/1/23-7/31/24
Steel Propane Cylinders, A-570-086............... 8/1/23-7/31/24
Tetrahydrofurfuryl Alcohol, A-570-887............ 8/1/23-7/31/24
Tow-Behind Lawn Groomers and Parts Thereof, A-570- 8/1/23-7/31/24
939.............................................
UKRAINE:
Seamless Carbon and Alloy Steel Standard, Line, 8/1/23-7/31/24
and Pressure Pipe, A-823-819....................
Silicomanganese, A-823-805....................... 8/1/23-7/31/24

Countervailing Duty Proceedings

CANADA: Utility Scale Wind Towers, C-122-868......... 1/1/23-12/31/23
INDIA: Finished Carbon Steel Flanges, C-533-872...... 1/1/23-12/31/23
MALAYSIA: Utility Scale Wind Towers, C-557-822....... 1/1/23-12/31/23
REPUBLIC OF KOREA:
Seamless Carbon and Alloy Steel Standard, Line, 1/1/23-12/31/23
and Pressure Pipe, C-580-910....................
Stainless Steel Sheet and Strip in Coils, C-580- 1/1/23-12/31/23
835.............................................
RUSSIA:
Seamless Carbon and Alloy Steel Standard, Line, 1/1/23-12/31/23
and Pressure Pipe, C-821-827....................
Sodium Nitrite, C-821-837........................ 1/1/23-12/31/23
SPAIN: Ripe Olives, C-469-818........................ 1/1/23-12/31/23
SOCIALIST REPUBLIC OF VIETNAM: Utility Scale Wind 1/1/23-12/31/23
Towers, C-552-826...................................
THE PEOPLE'S REPUBLIC OF CHINA:

[[Page 62716]]

Cast Iron Soil Pipe Fittings, C-570-063.......... 1/1/23-12/31/23
Certain Metal Lockers and Parts Thereof, C-570- 1/1/23-12/31/23
134.............................................
Laminated Woven Sacks, C-570-917................. 1/1/23-12/31/23
Light-Walled Rectangular Pipe and Tube, C-570-915 1/1/23-12/31/23
Passenger Vehicle and Light Truck Tires, C-570- 1/1/23-12/31/23
017.............................................
Sodium Nitrite, C-570-926........................ 1/1/23-12/31/23
Steel Propane Cylinders, C-570-087............... 1/1/23-12/31/23

Suspension Agreements

None.................................................
------------------------------------------------------------------------

In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that
Commerce conduct an administrative review. For both AD and CVD reviews,
the interested party must specify the individual producers or exporters
covered by an AD finding or an AD or CVD 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 Commerce to review those particular producers
or exporters. If the interested party intends for Commerce 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 Commerce to determine if the
interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\3\
---------------------------------------------------------------------------

\3\ See the Enforcement and Compliance website at https://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 AD administrative review.\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 AD 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 AD 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 amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\7\
---------------------------------------------------------------------------

\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\7\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

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 August 2024. If Commerce does not receive, by the
last day of August 2024, 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

[[Page 62717]]

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 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 AD and CVD 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: July 24, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-16998 Filed 7-31-24; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.