[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6159-6162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02228]
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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: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of 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, that the Department of Commerce (``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
[[Page 6160]]
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 February 2014, 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 Web site, 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
February 2014,\1\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in February 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.
\2\ On June 3, 2013 (78 FR 33061), this order was inadvertently
omitted from the opportunity notice for June cases. This order has
been revoked effective 11/6/2012.
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Period of review
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Antidumping Duty Proceedings
Brazil:
Frozen Warmwater Shrimp, A-351-838............... 2/1/13-1/31/14
Stainless Steel Bar, A-351-825................... 2/1/13-1/31/14
France: Uranium, A-427-818........................... 2/1/13-1/31/14
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, 2/1/13-1/31/14
A-533-817.......................................
Certain Preserved Mushrooms, A-533-813........... 2/1/13-1/31/14
Frozen Warmwater Shrimp, A-533-840............... 2/1/13-1/31/14
Stainless Steel Bar, A-533-810................... 2/1/13-1/31/14
Indonesia:
Certain Cut-to-Length Carbon-Quality Steel Plate, 2/1/13-1/31/14
A-560-805.......................................
Certain Preserved Mushrooms, A-560-802........... 2/1/13-1/31/14
Italy: Stainless Steel Butt-Weld Pipe Fittings, A-475- 2/1/13-1/31/14
828.................................................
Japan:
Carbon Steel Butt-Weld Pipe Fittings, A-588-602.. 2/1/13-1/31/14
Stainless Steel Bar, A-588-833................... 2/1/13-1/31/14
Malaysia: Stainless Steel Butt-Weld Pipe Fittings, A- 2/1/13-1/31/14
557-809.............................................
Mexico: Large Residential Washers, A-201-842......... 8/3/12-1/31/14
Phlippines: Stainless Steel But-Weld Pipe Fittings, A- 2/1/13-1/31/14
565-801.............................................
Republic of Korea:
Certain-Cut-to-Length Carbon-Quality Steel Plate, 2/1/13-1/31/14
A-580-836.......................................
Large Residential Washers, A-580-868............. 8/3/12-1/31/14
Socialist Republic of Vietnam:
Frozen Warmwater Shrimp, A-552-802............... 2/1/13-1/31/14
Steel Wire Garment Hangers, A-552-812............ 8/2/12-1/31/14
Utility Scale Wind Towers, A-552-814............. 2/13/13-1/31/14
Thailand: Frozen Warmwater Shrimp, A-549-822......... 2/1/13-1/31/14
The People's Republic of China:
Certain Preserved Mushrooms, A-570-851........... 2/1/13-1/31/14
Folding Metal Tables and Chairs \2\, A-570-868... 6/1/12-11/5/12
Frozen Warmwater Shrimp, A-570-893............... 2/1/13-1/31/14
Heavy Forged Hand Tools, With or Without Handles, 2/1/13-1/31/14
A-570-803.......................................
Small Diameter Graphite Electrodes, A-570-929.... 2/1/13-1/31/14
Uncovered Innerspring Units, A-570-928........... 2/1/13-1/31/14
Utility Scale Wind Towers, A-570-981............. 2/13/13-1/31/13
[[Page 6161]]
Countervailing Duty Proceedings
India:
Certain Cut-to-Length Carbon-Quality Steel Plate, 1/1/13-12/31/13
C-533-818.......................................
Prestressed Concrete Steel Wire Strand, C-533-829 1/1/13-12/31/13
Indonesia: Certain Cut-to-Length Carbon-Quality Steel 1/1/13-12/31/13
Plate, C-560-806....................................
Republic of Korea:
Certain Cut-to-Length Carbon-Quality Steel Plate, 1/1/13-12/31/13
C-580-837.......................................
Large Residential Washers, C-580-869............. 6/5/12-12/31/13
Socialist Republic of Vietnam:
Steel Wire Garment Hangers, C-552-813............ 6/4/12-12/31/13
The People's Republic of China: Utility Scale Wind 2/13/13-12/31/13
Towers, C-570-982...................................
Suspension Agreements
None.
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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. 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.
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), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011) 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.\3\
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\3\ See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.
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Further, as explained in 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),
the Department has clarified its practice with regard to the
conditional review of the non-market economy (NME) entity in
administrative reviews of antidumping duty orders. The Department will
no longer consider the NME entity as an exporter conditionally subject
to administrative reviews. Accordingly, the NME entity will not be
under review unless the Department specifically receives a request for,
or self-initiates, a review of the NME entity.\4\ In administrative
reviews of antidumping duty orders on merchandise from NME countries
where a review of the NME entity has not been initiated, but where an
individual exporter for which a review was initiated does not qualify
for a separate rate, the Department 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).
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\4\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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Following initiation of an antidumping administrative review when
there is no review requested of the NME entity, the Department 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 (``IA ACCESS'') on the IA ACCESS Web site at http://iaaccess.trade.gov.\5\ 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.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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 February 2014. If the Department does not receive,
by the last day of February 2014, 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 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.
[[Page 6162]]
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: January 28, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-02228 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-DS-P