Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 71-74 [2024-31481]

Download as PDF Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices during the foregoing period may be submitted during the subsequent 15-day period to February 26, 2025. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: December 26, 2024. Juanita Chen, Acting Executive Secretary. [FR Doc. 2024–31443 Filed 12–31–24; 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: AGENCY: ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 (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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 71 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 January 2025,2 interested parties may request administrative review of the following orders, findings, or suspended 1 See Trade Preferences Extension Act of 2015, Public Law No. 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\02JAN1.SGM 02JAN1 72 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices investigations, with anniversary dates in January for the following periods: Period to be reviewed Antidumping Duty Proceedings BELARUS: Carbon and Alloy Steel Wire Rod, A–822–806 ................................................................................................ BRAZIL: Prestressed Concrete Steel Wire Stand, A–351–837 .......................................................................................... CANADA: Softwood Lumber, A–122–857 ........................................................................................................................... FRANCE: Certain Preserved Mushrooms, A–427–833 ...................................................................................................... GERMANY: Forged Steel Fluid End Blocks, A–428–847 ................................................................................................... INDIA: Prestressed Concrete Steel Wire Strand, A–533–828 ............................................................................................ Polyester Textured Yarn, A–533–885 .......................................................................................................................... ITALY: Forged Steel Fluid End Blocks, A–475–840 ........................................................................................................... MEXICO: Prestressed Concrete Steel Wire Strand, A–201–831 ....................................................................................... REPUBLIC OF KOREA: Prestressed Concrete Steel Wire Strand, A–580–852 ............................................................... RUSSIA: Carbon and Alloy Steel Wire Strand, A–821–824 ............................................................................................... SOUTH AFRICA: Ferrovanadium, A–791–815 ................................................................................................................... THAILAND: Prestressed Concrete Steel Wire Strand, A–549–820 .................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Calcium Hypochlorite, A–570–008 .................................................................... Carbon and Certain Alloy Steel Wire Rod, A–570–012 ............................................................................................... Crepe Paper Products, A–570–895 ............................................................................................................................. Ferrovanadium, A–570–873 ......................................................................................................................................... Folding Gift Boxes, A–570–866 ................................................................................................................................... Certain Hardwood Plywood Products, A–570–051 ...................................................................................................... Polyester Textured Yarn, A–570–097 .......................................................................................................................... Potassium Permanganate, A–570–001 ........................................................................................................................ Wooden Bedroom Furniture, A–570–890 .................................................................................................................... UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire Rod, A–520–808 .................................................................... 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 Countervailing Duty Proceedings ARGENTINA: Biodiesel, C–357–821 .................................................................................................................................. CANADA: Softwood Lumber, C–122–858 ........................................................................................................................... GERMANY: Forged Steel Fluid End Blocks, C–428–848 ................................................................................................... INDIA: Polyester Textured Yarn, C–533–886 ..................................................................................................................... Forged Steel Fluid End Blocks, C–533–894 ................................................................................................................ INDONESIA: Biodiesel, C–560–831 .................................................................................................................................... ITALY: Forged Steel Fluid End Blocks, C–475–841 ........................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Calcium Hypochlorite, C–570–009 .................................................................... Carbon and Certain Alloy Steel Wire Rod, C–570–013 .............................................................................................. Circular Welded Carbon Quality Steel Line Pipe, C–570–936 .................................................................................... Forged Steel Fluid End Blocks, C–570–116 ................................................................................................................ Certain Hardwood Plywood Products, C–570–052 ...................................................................................................... Oil Country Tubular Goods, C–570–944 ...................................................................................................................... Polyester Textured Yarn, C–570–098 .......................................................................................................................... Tool Chests and Cabinets, C–570–057 ....................................................................................................................... 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 1/1/24–12/31/24 ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an AD 3 See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-andcountervailing-duties. E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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 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 January 2025. If Commerce does not 4 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 5 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 receive, by the last day of January 2025, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. Establishment of and Updates to the Annual Inquiry Service List On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register.8 On September 27, 2021, Commerce also published the notice entitled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register.9 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.10 In accordance with the Procedural Guidance, for orders published in the Federal Register before November 4, 2021, Commerce created an annual inquiry service list segment for each order and suspended investigation. Interested parties who wished to be added to the annual inquiry service list for an order submitted an entry of appearance to the annual inquiry service list segment for the order in 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 73 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 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. 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 53206. 13 See Final Rule, 86 FR 52335. E:\FR\FM\02JAN1.SGM 02JAN1 74 Federal Register / Vol. 90, No. 1 / Thursday, January 2, 2025 / Notices Interested parties have 30 days after the date of this notice to submit new or amended entries of appearance. Commerce will then finalize the annual inquiry service lists five business days thereafter. For ease of administration, please note that Commerce requests that law firms with more than one attorney representing interested parties in a proceeding designate a lead attorney to be included on the annual inquiry service list. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 14 Accordingly, as stated above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. This notice is not required by statute but is published as a service to the international trading community. Dated: December 12, 2024. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. ddrumheller on DSK120RN23PROD with NOTICES1 [FR Doc. 2024–31481 Filed 12–31–24; 8:45 am] BILLING CODE 3510–DS–P 14 Id. VerDate Sep<11>2014 17:23 Dec 31, 2024 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [A–533–871] Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2022, through July 31, 2023. DATES: Applicable January 2, 2025. FOR FURTHER INFORMATION CONTACT: Fred Baker or Theodora Mattei, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924 or (202) 482–4834, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 24, 2017, Commerce published in the Federal Register the antidumping duty order on finished carbon steel flanges from India.1 On September 7, 2023, Commerce published the Preliminary Results of the 2022–2023 administrative review and invited interested parties to comment. This administrative review covers 14 producers and/or exporters of the subject merchandise. Commerce selected R.N. Gupta & Co. Ltd. (RNG) and Norma Group 2 for individual examination. The producers/exporters 1 See Finished Carbon Steel Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order). 2 In prior segments of this proceeding, we determined that Norma (India) Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and should be treated as a single entity (Norma Group). See, e.g., Finished Carbon Steel Flanges from India: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 9719 (February 8, 2017), and accompanying Preliminary Decision Memorandum, at 4–5, unchanged in Finished Carbon Steel Flanges from India: Final Determination of Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017). In this review, Norma (India) Limited and its affiliated entities have affirmed that the factual basis on which Commerce made its prior determinations has not changed. See Norma Group’s Letter, ‘‘2nd Supplemental Response Section A, C and D of AntiDumping duty Original Questionnaire,’’ dated June 26, 2024, at S2–3. Therefore, Commerce continues to treat these four companies as a single entity. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 not selected for individual examination are listed in the Appendix II section of this notice.3 On October 22, 2024, Norma Group and RNG each submitted a case brief.4 No other party submitted case or rebuttal briefs. On December 9, 2024, Commerce tolled the deadline to issue the final results in this administrative review by 90 days.5 Accordingly, the deadline for these final results is now April 11, 2025. Scope of the Order The merchandise covered by the Order is finished carbon steel flanges. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.6 Methodology Commerce is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Act. Export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these final results, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised, and to which we responded in the Issues and Decision Memorandum, follows in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service 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, and for the reasons explained in the Issues and Decision 3 See Appendix II for a list of companies not selected for individual examination. 4 See Norma Group’s Letter, ‘‘Case Brief,’’ dated October 22, 2024; see also RNG’s Letter, ‘‘Case Brief of R.N. Gupta & Company Limited,’’ dated October 22, 2024. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated December 9, 2024. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2022– 2023 Administrative Review of the Antidumping Duty Order on Finished Carbon Steel Flanges from India,’’ dated December 23, 2024 (Issues and Decision Memorandum). E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 71-74]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31481]


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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 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 No. 
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 
January 2025,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended

[[Page 72]]

investigations, with anniversary dates in January 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 to be reviewed
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-         1/1/24-12/31/24
 806...........................................
BRAZIL: Prestressed Concrete Steel Wire Stand,           1/1/24-12/31/24
 A-351-837.....................................
CANADA: Softwood Lumber, A-122-857.............          1/1/24-12/31/24
FRANCE: Certain Preserved Mushrooms, A-427-833.          1/1/24-12/31/24
GERMANY: Forged Steel Fluid End Blocks, A-428-           1/1/24-12/31/24
 847...........................................
INDIA: Prestressed Concrete Steel Wire Strand,           1/1/24-12/31/24
 A-533-828.....................................
    Polyester Textured Yarn, A-533-885.........          1/1/24-12/31/24
ITALY: Forged Steel Fluid End Blocks, A-475-840          1/1/24-12/31/24
MEXICO: Prestressed Concrete Steel Wire Strand,          1/1/24-12/31/24
 A-201-831.....................................
REPUBLIC OF KOREA: Prestressed Concrete Steel            1/1/24-12/31/24
 Wire Strand, A-580-852........................
RUSSIA: Carbon and Alloy Steel Wire Strand, A-           1/1/24-12/31/24
 821-824.......................................
SOUTH AFRICA: Ferrovanadium, A-791-815.........          1/1/24-12/31/24
THAILAND: Prestressed Concrete Steel Wire                1/1/24-12/31/24
 Strand, A-549-820.............................
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/24-12/31/24
 Hypochlorite, A-570-008.......................
    Carbon and Certain Alloy Steel Wire Rod, A-          1/1/24-12/31/24
     570-012...................................
    Crepe Paper Products, A-570-895............          1/1/24-12/31/24
    Ferrovanadium, A-570-873...................          1/1/24-12/31/24
    Folding Gift Boxes, A-570-866..............          1/1/24-12/31/24
    Certain Hardwood Plywood Products, A-570-            1/1/24-12/31/24
     051.......................................
    Polyester Textured Yarn, A-570-097.........          1/1/24-12/31/24
    Potassium Permanganate, A-570-001..........          1/1/24-12/31/24
    Wooden Bedroom Furniture, A-570-890........          1/1/24-12/31/24
UNITED ARAB EMIRATES: Carbon and Alloy Steel             1/1/24-12/31/24
 Wire Rod, A-520-808...........................
 
        Countervailing Duty Proceedings
 
ARGENTINA: Biodiesel, C-357-821................          1/1/24-12/31/24
CANADA: Softwood Lumber, C-122-858.............          1/1/24-12/31/24
GERMANY: Forged Steel Fluid End Blocks, C-428-           1/1/24-12/31/24
 848...........................................
INDIA: Polyester Textured Yarn, C-533-886......          1/1/24-12/31/24
    Forged Steel Fluid End Blocks, C-533-894...          1/1/24-12/31/24
INDONESIA: Biodiesel, C-560-831................          1/1/24-12/31/24
ITALY: Forged Steel Fluid End Blocks, C-475-841          1/1/24-12/31/24
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/24-12/31/24
 Hypochlorite, C-570-009.......................
    Carbon and Certain Alloy Steel Wire Rod, C-          1/1/24-12/31/24
     570-013...................................
    Circular Welded Carbon Quality Steel Line            1/1/24-12/31/24
     Pipe, C-570-936...........................
    Forged Steel Fluid End Blocks, C-570-116...          1/1/24-12/31/24
    Certain Hardwood Plywood Products, C-570-            1/1/24-12/31/24
     052.......................................
    Oil Country Tubular Goods, C-570-944.......          1/1/24-12/31/24
    Polyester Textured Yarn, C-570-098.........          1/1/24-12/31/24
    Tool Chests and Cabinets, C-570-057........          1/1/24-12/31/24
------------------------------------------------------------------------

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

[[Page 73]]

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\
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    \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 January 2025. If Commerce does not receive, by the 
last day of January 2025, a request for review of entries covered by an 
order, finding, or suspended investigation listed in this notice and 
for the period identified above, Commerce will instruct CBP to assess 
antidumping or countervailing duties on those entries at a rate equal 
to the cash deposit of estimated antidumping or countervailing duties 
required on those entries at the time of entry, or withdrawal from 
warehouse, for consumption and to continue to collect the cash deposit 
previously ordered.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.

Establishment of and Updates to the Annual Inquiry Service List

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

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

    In accordance with the Procedural Guidance, for orders published in 
the Federal Register before November 4, 2021, Commerce created an 
annual inquiry service list segment for each order and suspended 
investigation. Interested parties who wished to be added to the annual 
inquiry service list 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 53206.
    \13\ See Final Rule, 86 FR 52335.

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

[[Page 74]]

    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: December 12, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-31481 Filed 12-31-24; 8:45 am]
BILLING CODE 3510-DS-P

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