[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61085-61087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25422]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of
[[Page 61086]]
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230, telephone: (202) 482-4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (``the Act''), may request, in
accordance with 19 CFR 351.213 of the Department of Commerce (``the
Department'') regulations, that the Department conduct an
administrative review of that antidumping or countervailing duty order,
finding, or suspended investigation.
All deadlines for the submission of comments or actions by the
Department discussed below refer to the number of calendar days from
the applicable starting date.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, the Department intends
to select respondents based on U.S. Customs and Border Protection
(``CBP'') data for U.S. imports during the period of review. We intend
to release the CBP data under Administrative Protective Order (``APO'')
to all parties having an APO within five days of publication of the
initiation notice and to make our decision regarding respondent
selection within 21 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. The Department 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 the Department decides it is necessary to limit
individual examination of respondents and conduct respondent selection
under section 777A(c)(2) of the Act:
In general, the Department has found that determinations concerning
whether particular companies should be ``collapsed'' (i.e., treated as
a single entity for purposes of calculating antidumping duty rates)
require a substantial amount of detailed information and analysis,
which often require follow-up questions and analysis. Accordingly, the
Department will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at the
respondent selection phase unless there has been a determination to
collapse certain companies in a previous segment of this antidumping
proceeding (i.e., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this review, if the Department determined, or continued to treat, that
company as collapsed with others, the Department will assume that such
companies continue to operate in the same manner and will collapse them
for respondent selection purposes. Otherwise, the Department will not
collapse companies for purposes of respondent selection. Parties are
requested to (a) Identify which companies subject to review previously
were collapsed, and (b) provide a citation to the proceeding in which
they were collapsed. Further, if companies are requested to complete
the Quantity and Value Questionnaire for purposes of respondent
selection, in general each company must report volume and value data
separately for itself. Parties should not include data for any other
party, even if they believe they should be treated as a single entity
with that other party. If a company was collapsed with another company
or companies in the most recently completed segment of this proceeding
where the Department 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 has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that the Department may extend this time if it is
reasonable to do so. In order to provide parties additional certainty
with respect to when the Department will exercise its discretion to
extend this 90-day deadline, interested parties are advised that, with
regard to reviews requested on the basis of anniversary months on or
after October 2011, the Department does not intend to extend the 90-day
deadline unless the requestor demonstrates that an extraordinary
circumstance has prevented it from submitting a timely withdrawal
request. Determinations by the Department to extend the 90-day deadline
will be made on a case-by-case basis.
The Department is providing this notice on its website, as well as
in its ``Opportunity to Request Administrative Review'' notices, so
that interested parties will be aware of the manner in which the
Department intends to exercise its discretion in the future.
Opportunity to Request a Review: Not later than the last day of
October 2011,\1\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in October for the following periods:
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\1\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed.
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Period of review
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Antidumping Duty Proceedings
Australia: Electrolytic Manganese Dioxide A-602-806. 10/1/10-9/30/11
Brazil: Carbon and Certain Alloy Steel Wire Rod A- 10/1/10-9/30/11
351-832............................................
Indonesia: Carbon and Certain Alloy Steel Wire Rod A- 10/1/10-9/30/11
560-815............................................
Italy: Pressure Sensitive Plastic Tape A-475-059.... 10/1/10-9/30/11
Mexico: Carbon and Certain Alloy Steel Wire Rod A- 10/1/10-9/30/11
201-830............................................
Moldova: Carbon and Certain Alloy Steel Wire Rod A- 10/1/10-9/30/11
841-805............................................
Republic of Korea: Polyvinyl Alcohol A-580-850...... 10/1/10-9/30/11
The People's Republic of China:
Barium Carbonate A-570-880...................... 10/1/10-9/30/11
Barium Chloride A-570-007....................... 10/1/10-9/30/11
Electrolytic Manganese Dioxide A-570-919........ 10/1/10-9/30/11
Helical Spring Lock Washers A-570-822........... 10/1/10-9/30/11
[[Page 61087]]
Polyvinyl Alcohol A-570-879..................... 10/1/10-9/30/11
Steel Wire Garment Hangers A-570-918............ 10/1/10-9/30/11
Trinidad and Tobago: Carbon and Certain Alloy Steel 10/1/10-9/30/11
Wire Rod A-274-804.................................
Ukraine: Carbon and Certain Alloy Steel Wire Rod A- 10/1/10-9/30/11
823-812............................................
Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod C- 1/1/10-12/31/10
351-833............................................
Iran: Roasted In-Shell Pistachios C-507-601......... 1/1/10-12/31/10
Suspension Agreements
Russia: Uranium A-821-802........................... 10/1/10-9/30/11
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In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters.\2\ If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
were produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
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\2\ If the review request involves a non-market economy and the
parties subject to the review request do not qualify for separate
rates, all other exporters of subject merchandise from the non-
market economy country who do not have a separate rate will be
covered by the review as part of the single entity of which the
named firms are a part.
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Please note that, for any party the Department was unable to locate
in prior segments, the Department will not accept a request for an
administrative review of that party absent new information as to the
party's location. Moreover, if the interested party who files a request
for review is unable to locate the producer or exporter for which it
requested the review, the interested party must provide an explanation
of the attempts it made to locate the producer or exporter at the same
time it files its request for review, in order for the Secretary to
determine if the interested party's attempts were reasonable, pursuant
to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the
Department has 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. See also the Import
Administration Web site at http://ia.ita.doc.gov.
All requests must be filed electronically in Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS'') on the IA ACCESS Web site at
http://iaaccess.trade.gov. See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6, 2011). 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.
The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of October 2011. If the Department does not receive, by
the last day of October 2011, a request for review of entries covered
by an order, finding, or suspended investigation listed in this notice
and for the period identified above, the Department will instruct the
CBP to assess antidumping or countervailing duties on those entries at
a rate equal to the cash deposit of (or bond for) 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.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: September 26, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-25422 Filed 9-30-11; 8:45 am]
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