[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19215-19219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09311]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has received requests to
conduct administrative reviews of various antidumping and
countervailing duty orders and findings with March anniversary dates.
In accordance with Commerce's regulations, we are initiating those
administrative reviews.
DATES: Applicable May 2, 2018.
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
Commerce 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 March anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by Commerce 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 Commerce within 30 days of publication of this notice in the
Federal Register. All submissions must be filed electronically at
http://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such
submissions are subject to verification in accordance with section
782(i) of the Tariff Act of 1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every
party on Commerce's service list.
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\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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. We intend to place
the CBP data on the record within five days of publication of the
initiation notice and to make our decision regarding respondent
selection within 30 days of publication of the initiation Federal
Register notice. Comments regarding the CBP data and respondent
selection should be submitted seven days after the placement of the CBP
data on the record of this review. Parties wishing to submit rebuttal
comments should submit those comments five days after the deadline for
the initial comments.
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 has found that determinations concerning
whether particular companies should be ``collapsed'' (e.g., 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,
Commerce 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 (e.g., investigation, administrative review, new shipper
review or changed circumstances review). For any company subject to
this 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
[[Page 19216]]
citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete the Quantity and Value (Q&V)
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 Commerce
considered collapsing that entity, complete Q&V data for that collapsed
entity must be submitted.
Revised Respondent Selection--Multilayered Wood Flooring From the
People's Republic of China
The respondent selection procedures outlined in the February 23,
2018 notice initiating the sixth administrative review of the
antidumping duty order on multilayered wood flooring (MLWF) from the
People's Republic of China (China) covering the period 12/01/2016-11/
30/2017,\2\ are revised as follows. With respect to the sixth
administrative review of MLWF from China, the February 23, 2018 notice
indicated that, in the event Commerce limits the number of respondents
for individual examination, Commerce intended to select respondents
based on CBP data for U.S. imports of MLWF from China during the period
of review. Subsequently, Commerce placed the CBP data on the record of
the sixth administrative review of MLWF from China, and solicited and
received comments. However, as noted below, the China-wide entity,
which is under review,\3\ was inadvertently excluded from the February
23, 2018 notice. Therefore, upon further consideration, to ensure
parties are not disadvantaged by this inadvertent omission at this
stage of the review, and in the event Commerce limits the number of
respondents for individual examination, Commerce finds it appropriate
to select respondents based on volume data contained in responses to
quantity and value questionnaires. Further, Commerce intends to limit
the number of Q&V questionnaires issued in the review based on the CBP
data for U.S. imports already on the record. Parties will be given an
additional period of time to comment on the CBP data used by Commerce
to limit the number of Q&V questionnaires issued. Commerce invites
comments regarding the CBP data and our intended respondent selection
procedures within five days of the publication of this notice in the
Federal Register. Commerce intends to issue the Q&V questionnaire to
the top ten companies listed in the CBP data by volume, and
additionally intends to issue a Q&V questionnaire to the China-wide
entity, care of the Embassy of China in the United States. Parties
subject to the review to which Commerce does not issue a Q&V
questionnaire may file a response to the Q&V questionnaire if they
desire to be included in the pool of companies from which Commerce will
select mandatory respondents. The Q&V questionnaire will also be
available on Commerce's website at http://trade.gov/enforcement/news.asp on the date of publication of this notice in the Federal
Register. All responses to the Q&V questionnaire must be submitted by
the applicable deadline noted therein.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018).
\3\ 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).
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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 Commerce may extend this time if it is
reasonable to do so. In order to provide parties additional certainty
with respect to when Commerce will exercise its discretion to extend
this 90-day deadline, interested parties are advised that Commerce 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 Commerce 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,
Commerce 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 Commerce'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, Commerce analyzes each entity exporting the subject
merchandise. In accordance with the separate rates criteria, Commerce
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, Commerce 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 Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html 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 Commerce no
later than 30 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 \4\ 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
[[Page 19217]]
their official company name,\5\ 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
Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html 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 Commerce no later than 30 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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\4\ 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.
\5\ 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 March 31, 2019.
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Period to be
Reviewed
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Antidumping Duty Proceedings
Brazil: Certain Uncoated Paper, A-351-842............ 3/1/17-2/28/18
Suzano Papel e Celulose S.A.
India: Certain New Pneumatic Off-the-Road Tires, A- 2/2/17-2/28/18
533-869.............................................
ATC Tires Private Limited
Indonesia: Certain Uncoated Paper, A-560-828......... 3/1/17-2/28/18
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Portugal: Certain Uncoated Paper, A-471-807.......... 3/1/17-2/28/18
The Navigator Company, S.A.
Spain: Stainless Steel Bar, A-469-805................ 3/1/17-2/28/18
Sidenor Aceros Especiales S.L.
Thailand: Circular Welded Carbon Steel Pipes and 3/1/17-2/28/18
Tubes, A-549-502....................................
Apex International Logistics
Aquatec Maxcon Asia
Asian Unity Part Co., Ltd.
CSE Technologies Co., Ltd.
Expeditors Ltd.
K Line Logistics
Pacific Pipe Public Company Limited (also known
as Pacific Pipe Company)
Pacific Pipe and Pump
Panalpina World Transport Ltd.
Polypipe Engineering Co., Ltd.
Saha Thai Steel Pipe (Public) Company, Ltd.
Siam Fittings Co., Ltd.
Siam Steel Pipe Co., Ltd.
Thai Malleable Iron and Steel
Thai Oil Group
Thai Premium Pipe Co., Ltd.
Vatana Phaisal Engineering Company
The People's Republic of China: Glycine, A-570-836... 3/1/17-2/28/18
Avid Organics Pvt. Ltd.
Baoding Mantong Fine Chemistry Co., Ltd.
Kumar Industries
Rudraa International
Salvi Chemical Industries
The People's Republic of China: Multilayered Wood 12/1/16-11/30/17
Flooring, A-570-970.................................
The China-Wide Entity \6\
Countervailing Duty Proceedings
India: Certain New Pneumatic Off-the-Road Tires, C- 6/20/16-12/31/17
533-870.............................................
ATC Tires Private Limited
Balkrishna Industries Limited
Indonesia: Certain Uncoated Paper, C-560-829......... 1/1/17-12/31/17
PT Anugerah Kertas Utama (AKU), PT Riau Andalan
Kertas (RAK) and APRIL Fine Paper Macao Offshore
Limited (AFPM), (collectively, APRIL)
Turkey: Circular Welded Carbon Steel Pipes and Tubes, 1/1/17-12/31/17
C-489-502...........................................
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
Borusan Birlesik Boru Fabrikalair San ve Tic.
Borusan Istikbal Ticaret T.A.S.
Borusan Gemlik Boru Tesisleri A.S.
Borusan Ihacat Ithalat ve Dagitim A.S.
[[Page 19218]]
Borusan Ithicat ve Dagitim A.S.
Tubeco Pipe and Steel Corporation, Borusan
Holding
Borusan Holding
Borusan Mannesmann Yatirim Holding
Cagil Makina Sanayi ve Ticaret A.S.
Cayirova Boru Sanayi ve Ticaret A.S.
Cimtas Boru Imalatlari ve Ticaret Sirketi
Eksen Makina
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
Guner Eksport
Guven Steel Pipe (also known as Guven Celik Born
San. Ve Tic. Ltd.)
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S.
Istanbul
Net Boru Sanayi ve Dis Ticaret Koll. Sti.
Toscelik Metal Ticaret A.S.
Toscelik Profil ve Sac Endustrisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Born Sanayii A.S., also known as
Umran Steel Pipe Inc.
Yucel Boru ve Profil Endustrisi A.S.
Yucelboru Ihracat Ithalat ve Pazarlama A.S.
Suspension Agreements
Mexico: Fresh Tomatoes, A-201-820.................... 3/1/17-2/28/18
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Duty Absorption Reviews
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
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.
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\6\ Commerce inadvertently omitted the China-Wide Entity from
the Initiation Notice which published on February 23, 2018 (83 FR
8058).
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Gap Period Liquidation
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.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in Commerce's regulations at 19 CFR 351.305. 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 they meet the requirements of these procedures
(e.g., the filing of separate letters of appearance as discussed at 19
CFR 351.103(d)).
Factual Information Requirements
Commerce's regulations identify 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 Commerce; and (v) evidence other than factual
information described in (i)-(iv). These regulations require 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 regulations, at 19
CFR 351.301, also provide specific time limits for such factual
submissions based on the type of factual information being submitted.
Please review the final rule, available at http://enforcement.trade.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.\7\ Parties are hereby reminded that
revised certification requirements are in effect for company/government
officials as well as their representatives. 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.\8\ Commerce
intends to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable revised certification
requirements.
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\7\ See section 782(b) of the Act.
\8\ 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://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by the
Secretary. See 19 CFR 351.302. In general, an extension request will be
considered untimely if it is filed after the time limit established
under Part 351 expires. For submissions which are due from multiple
parties simultaneously, an
[[Page 19219]]
extension request will be considered untimely if it is filed after
10:00 a.m. on the due date. Examples include, but are not limited to:
(1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2)
factual information to value factors under 19 CFR 351.408(c), or to
measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed
pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and
correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate country and surrogate values
and rebuttal; (4) comments concerning U.S. Customs and Border
Protection data; and (5) quantity and value questionnaires. Under
certain circumstances, Commerce may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in the letter or memorandum
setting forth the deadline (including a specified time) by which
extension requests must be filed to be considered timely. This
modification also requires that an extension request must be made in a
separate, stand-alone submission, and clarifies the circumstances under
which Commerce will grant untimely-filed requests for the extension of
time limits. These modifications are effective for all segments
initiated on or after October 21, 2013. Please review the final rule,
available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: April 26, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-09311 Filed 5-1-18; 8:45 am]
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