[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Pages 53128-53132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21022]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
requests to conduct administrative reviews of various antidumping and
countervailing duty orders and findings with July anniversary dates. In
accordance with the Department's regulations, we are initiating those
administrative reviews.
DATES: Effective August 28, 2013.
FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
4735.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests, in accordance with 19
CFR 351.213(b), for administrative reviews of various antidumping and
countervailing duty orders and findings with July anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by the Department discussed
below refer to the number of calendar days from the applicable starting
time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (``POR''), it
must notify the Department within 60 days of publication of this notice
in the Federal Register. All submissions must be filed electronically
at http://iaaccess.trade.gov in accordance with 19 CFR 351.303. See
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011). Such submissions are subject to verification in
accordance with section 782(i) of the Tariff Act of 1930, as amended
(``Act''). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy
must be served on every party on the Department's service list.
Respondent Selection
In the event the Department limits the number of respondents for
individual examination for administrative reviews, the Department
intends to select respondents based on U.S. Customs and Border
Protection (``CBP'') data for U.S. imports during the POR. We intend to
release the CBP data under Administrative Protective Order (``APO'') to
all parties having an APO within seven days of publication of this
initiation notice and to make our decision regarding respondent
selection within 21 days of publication of this Federal Register
notice. 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 applicable 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 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.
Separate Rates
In proceedings involving non-market economy (``NME'') countries,
the Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, the Department analyzes each entity exporting the
subject
[[Page 53129]]
merchandise under a test arising from the Final Determination of Sales
at Less Than Fair Value: Sparklers from the People's Republic of China,
56 FR 20588 (May 6, 1991), as amplified by Final Determination of Sales
at Less Than Fair Value: Silicon Carbide from the People's Republic of
China, 59 FR 22585 (May 2, 1994). In accordance with the separate rates
criteria, the Department assigns separate rates to companies in NME
cases only if respondents can demonstrate the absence of both de jure
and de facto government control over export activities.
All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate rate eligibility, the Department requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on the Department's Web site at http://www.trade.gov/ia on
the date of publication of this Federal Register notice. In responding
to the certification, please follow the ``Instructions for Filing the
Certification'' in the Separate Rate Certification. Separate Rate
Certifications are due to the Department no later than 60 calendar days
after publication of this Federal Register notice. The deadline and
requirement for submitting a Certification applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers who purchase and
export subject merchandise to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \1\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\2\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Status Application will be available on
the Department's Web site at http://www.trade.gov/ia on the date of
publication of this Federal Register notice. In responding to the
Separate Rate Status Application, refer to the instructions contained
in the application. Separate Rate Status Applications are due to the
Department no later than 60 calendar days of publication of this
Federal Register notice. The deadline and requirement for submitting a
Separate Rate Status Application applies equally to NME-owned firms,
wholly foreign-owned firms, and foreign sellers that purchase and
export subject merchandise to the United States.
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\1\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\2\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
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For exporters and producers who submit a separate-rate status
application or certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following antidumping and countervailing
duty orders and findings. We intend to issue the final results of these
reviews not later than July 30, 2014.
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Period to be reviewed
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Antidumping Duty Proceedings
Finland: Purified Carboxymethylcellulose A-405- 7/1/12-6/30/13
803...........................................
CP Kelco Oy
India: Polyethylene Terephthalate (PET) Film A- 7/1/12-6/30/13
533-824.......................................
Ester Industries Ltd
Garware Polyester Ltd
Jindal Poly Films Limited of India
MTZ Polyesters Ltd
Polyplex Corporation Ltd
SRF Ltd
Uflex Limited
Vacmet
Italy: Certain Pasta A-475-818................. 7/1/12-6/30/13
Alica srl
Dalla Costa Alimentare srl
Delverde Industrie Alimentari S.p.A
Ghigi Industria Agroalimentare in San
Clemente srl
Molino e Pastificio Tomasello S.p.A
Pasta Lensi S.r.l
Pasta Zara S.p.A
Pastificio Toscano srl
Rummo S.p.A. Molino e Pastificio
Valdigrano di Flavio Pagani S.r.L
Russian Federation: Solid Urea A-821-801....... 7/1/12-6/30/13
MCC EuroChem
Spain: Chlorinated Isocyanurates \3\ A-469-814. 6/1/12-5/31/13
Ercros, S.A
Taiwan: Polyethylene Terephthalate (PET) Film A- 7/1/12-6/30/13
583-837.......................................
Nan Ya Plastics Corporation
[[Page 53130]]
Shinkong Materials Technology Corporation
The Netherlands: Purified 7/1/12-6/30/13
Carboxymethylcellulose A-421-811..............
Akzo Nobel Functional Chemicals B.V
The People's Republic of China: Certain Steel 7/1/12-6/30/13
Grating \4\ A-570-947.........................
Anping Jinyuan Metal
Anping Jinyuan Metal Co., Ltd
Comtrust Metal & Ware Mesh Products Co. Ltd
Comtrust Metal Wire Mesh Product Factory
Dalian AW Gratings
Dalian AW Gratings, Ltd
Fujian Youxi Best Arts & Crafts Co., Ltd
Guangzhou Webforge
Guangzhou Webforge Grating Co., Ltd
Hebei Jinshi Industrial Metal
Hebei Jinshi Industrial Metal Co., Ltd
Jiashan Qilimei Grating
Jiashan Qilmei Grating Co., Ltd
Kingjoy Building Decorative Materials Co
Ltd
Ningbo Haitian International Co., Ltd
Ningbo Jiulong Machinery Manufacturing Co.,
Ltd
Ningbo Lihong Steel Grating Co., Ltd
Ningbo Zhenhai Jiulong Electronic Equipment
Factory
Shanghai Shenhao Steel Structure Designing
Shanghai Shenhao Steel Structure Designing
Co., Ltd
Shanghai DAHE Grating Co., Ltd
Sinosteel Yantai Steel Grating Co., Ltd
Tianchang Flying-Dragon Metallic Products
Tianchang Flying-Dragon Metallic Products
Co., Ltd
Qing Auging Mechancial
Xinxing Grating Factory
Yantai Hercules Metal Ltd
Yantai Xinke Steel Structure Co., Ltd
Zhejian Hengzhou Steel Grating
Zhejian Hengzhou Steel Grating Co., Ltd
The People's Republic of China: Certain Steel 4/1/12-3/31/13
Threaded Rod 5 6 A-570-932....................
The People's Republic of China: Circular Welded 7/1/12-6/30/13
Carbon Quality Steel Pipe \7\ A-570-910.......
Baoshan Iron & Steel Co., Ltd
Beijing Jia Mei AO Trading Co., Ltd
Beijing Jinghua Global Trading Co., Ltd
Benxi Northern Steel Pipes, Co. Ltd
CNOOC Kingland Pipeline Co., Ltd
ETCO (China) International Trading Co., Ltd
Guangzhou Juyi Steel Pipe Co., Ltd
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
Pangang Chengdu Group Iron & Steel Co., Ltd
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
Tianjin Haoyou Industry Trade Co., Ltd
Tianjin Baolai International Trade Co., Ltd
Tianjin Longshenghua Import & Export
Tianjin Shuangjie Steel Pipe Co., Ltd
Weifang East Steel Pipe Co., Ltd
WISCO & CRM Wuhan Materials & Trade
Zhejiang Kingland Pipeline Industry Co.,
Ltd.......................................
Countervailing Duty Proceedings
India: Polyethylene Terephthalate (PET) Film C- 1/1/12-12/31/12
533-825.......................................
Ester Industries Ltd
Garware Polyester Ltd
Jindal Poly Films Limited of India
MTZ Polyesters Ltd
Polyplex Corporation Ltd
SRF Ltd
Uflex Limited
Vacmet
Italy: Certain Pasta C-475-819................. 1/1/12-12/31/12
DeMatteis Agroalimentare S.p.A
Delverde Industrie Alimentari S.p.A
Fratelli DeCecco di Filippo Fara San
Martino S.p.A
Ghigi Industria Agroalimentare in San
Clemente srl
Pasta Granoro S.r.L. aka Pastifico Attilio
Mastromauro Granoro S.r.L
[[Page 53131]]
Valdigrano di Flavio Pagani S.r.L
The People's Republic of China: Circular Welded 1/1/12-12/31/12
Carbon Quality Steel Pipe C-570-911...........
Baoshan Iron & Steel Co., Ltd
Beijing Jia Mei AO Tading Co., Ltd
Beijing Jinghua Global Trading Co
Benxi Northern Steel Pipes, Co. Ltd
CNOOC Kingland Pipeline Co., Ltd
ETCO (China) International Trading Co., Ltd
Guangzhou Juyi Steel Pipe Co., Ltd
Huludao City Steel Pipe Industrial
Jiangsu Changbao Steel Tube Co., Ltd
Jiangsu Yulong Steel Pipe Co., Ltd
Liaoning Northern Steel Pipe Co., Ltd
Pangang Chengdu Group Iron & Steel Co., Ltd
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd
Tianjin Haoyou Industry Trade Co
Tianjin Longshenghua Import & Export
Tianjin Shuangjie Steel Pipe Co., Ltd
Weifang East Steel Pipe Co., Ltd
WISCO & CRM Wuhan Materials & Trade
Zhejiang Kingland Pipeline Industry Co.,
Ltd.......................................
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Suspension Agreements
None
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\3\ The company name listed above was misspelled in the
initiation notice that published on August 1, 2013 (78 FR 46566).
The correct spelling of the company is listed in this notice.
\4\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Steel Grating from the
PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\5\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Certain Steel Threaded Rod the
PRC who have not qualified for a separate rate are deemed to be
covered by this review as part of the single PRC entity of which the
named exporters are a part.
\6\ In the initiation that published on June 3, 2013 (78 FR
33052) the Department incorrectly identified that administrative
reviews were initiated on the antidumping duty order of Certain
Steel Threaded Rod from the PRC for the following companies: (1)
China Jiangsu International Economic Technical Cooperation
Corporation; (2) Ningbo Baoli Machinery Manufacture Co., Ltd.; and
(3) Shanghai P&J International Trading Co., Ltd. The Department is
now correcting that notice: The Department is initiating
administrative reviews on the antidumping duty order of Certain
Steel Threaded Rod from the PRC for the following companies: (1)
China Friendly Nation Hardware Technology Limited; and (2) Orient
International Holding Shanghai Rongheng Intl Trading Co. Ltd.
\7\ If one of the above-named companies does not qualify for a
separate rate, all other exporters of Circular Welded Carbon Quality
Steel Pipe from the PRC who have not qualified for a separate rate
are deemed to be covered by this review as part of the single PRC
entity of which the named exporters are a part.
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During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an antidumping duty order under 19 CFR 351.211 or a
determination under 19 CFR 351.218(f)(4) to continue an order or
suspended investigation (after sunset review), the Secretary, if
requested by a domestic interested party within 30 days of the date of
publication of the notice of initiation of the review, will determine,
consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, whether antidumping duties have been absorbed by
an exporter or producer subject to the review if the subject
merchandise is sold in the United States through an importer that is
affiliated with such exporter or producer. The request must include the
name(s) of the exporter or producer for which the inquiry is requested.
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 POR.
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to
administrative reviews included in this notice of initiation. Parties
wishing to participate in any of these administrative reviews should
ensure that the meet the requirements of these procedures (e.g., the
filing of separate letters of appearance as discussed at 19 CFR
351.103(d)).
Revised Factual Information Requirements
On April 10, 2013, the Department published Definition of Factual
Information and Time Limits for Submission of Factual Information:
Final Rule, 78 FR 21246 (April 10, 2013), which modified two
regulations related to antidumping and countervailing duty proceedings:
The definition of factual information (19 CFR 351.102(b)(21)), and the
time limits for the submission of factual information (19 CFR 351.301).
The final rule identifies five categories of factual information in 19
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence
submitted in response to questionnaires; (ii) evidence submitted in
support of allegations; (iii) publicly available information to value
factors under 19 CFR 351.408(c) or to measure the adequacy of
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the
record by the Department; and (v) evidence other than factual
information described in (i)-(iv). The final rule requires any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The final rule also
modified 19 CFR 351.301 so that, rather than providing general time
limits, there are specific time limits based on the type of factual
information being submitted. These modifications are effective for all
segments initiated on
[[Page 53132]]
or after May 10, 2013. Please review the final rule, available at
http://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information. See section 782(b) of the Act.
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials as well as their
representatives. Ongoing segments of any antidumping duty or
countervailing duty proceedings initiated on or after March 14, 2011
should use the formats for the revised certifications provided at the
end of the Interim Final Rule. See Certification of Factual Information
to Import Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(``Interim Final Rule''), amending 19 CFR 351.303(g)(1) and (2);
Certification of Factual Information to Import Administration during
Antidumping and Countervailing Duty Proceedings: Supplemental Interim
Final Rule, 76 FR 54697 (September 2, 2011). All segments of any
antidumping duty or countervailing duty proceedings initiated on or
after August 16, 2013, should use the formats for the revised
certifications provided at the end of the Final Rule. See Certification
of Factual Information To Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final
Rule''); see also the frequently asked questions regarding the Final
Rule, available at http://ia.ita.doc.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. The Department intends to reject
factual submissions in any proceeding segments if the submitting party
does not comply with applicable revised certification requirements.
These initiations and this notice are in accordance with section
751(a) of the Act (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: August 21, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-21022 Filed 8-27-13; 8:45 am]
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