[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66437-66439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26965]


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

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 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

[[Page 66438]]

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 November 2012, 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 
November 2012,\1\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in November for the following periods:
---------------------------------------------------------------------------

    \1\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed.

------------------------------------------------------------------------
                                                        Period of review
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
BRAZIL:
    Certain Circular Welded Non-Alloy Steel Pipe, A-    11/1/11-10/31/12
     351-809.........................................
    Polyethylene Terephthalate Film, Sheet and Strip,   11/1/11-10/31/12
     A-351-841.......................................
GERMANY: Lightweight Thermal Paper, A-428-840........   11/1/11-10/31/12
INDONESIA: Coated Paper Suitable for High-Quality       11/1/11-10/31/12
 Print Graphics Using Sheet-Fed Presses, A-560-823...
MEXICO:
    Certain Circular Welded Non-Alloy Steel Pipe, A-    11/1/11-10/31/12
     201-805.........................................
    Seamless Refined Copper Pipe and Tube, A-201-838.   11/1/11-10/31/12
REPUBLIC OF KOREA: Certain Circular Welded Non-Alloy    11/1/11-10/31/12
 Steel Pipe, A-580-809...............................
TAIWAN:
    Certain Hot-Rolled Carbon Steel Flat Products, A-   11/1/11-10/31/12
     583-835.........................................
    Certain Circular Welded Non-Alloy Steel Pipe, A-    11/1/11-10/31/12
     583-814.........................................
THAILAND: Certain Hot-Rolled Carbon Steel Flat          11/1/11-10/31/12
 Products, A-549-817.................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Cut-To-Length   11/1/11-10/31/12
 Carbon Steel, A-570-849.............................
    Certain Hot-Rolled Carbon Steel Flat Products, A-   11/1/11-10/31/12
     570-865.........................................
    Coated Paper Suitable for High-Quality Print        11/1/11-10/31/12
     Graphics Using Sheet-Fed Presses, A-570-958.....
    Diamond Sawblades and Parts Thereof, A-570-900...   11/1/11-10/31/12
    Fresh Garlic, A-570-831..........................   11/1/11-10/31/12
    Lightweight Thermal Paper, A-570-920.............   11/1/11-10/31/12
    Paper Clips, A-570-826...........................   11/1/11-10/31/12
    Polyethylene Terephthalate Film, Sheet and Strip,   11/1/11-10/31/12
     A-570-924.......................................
    Pure Magnesium in Granular Form, A-570-864.......   11/1/11-10/31/12
    Refined Brown Aluminum Oxide, A-570-882..........   11/1/11-10/31/12
    Seamless Carbon and Alloy Steel Standard, Line, A-  11/1/11-10/31/12
     570-956 and Pressure Pipe.......................
    Seamless Refined Copper Pipe and Tube, A-570-964.   11/1/11-10/31/12
UKRAINE: Certain Hot-Rolled Carbon Steel Flat           11/1/11-10/31/12
 Products, A-823-811.................................
UNITED ARAB EMIRATES: Polyethylene Terephthalate        11/1/11-10/31/12
 Film, Sheet and Strip, A-520-803....................
 
           Countervailing Duty Proceedings
 
INDONESIA: Coated Paper Suitable for High-Quality        1/1/11-12/31/11
 Print Graphics Using Sheet-Fed Presses, C-560-824...
THE PEOPLE'S REPUBLIC OF CHINA:
    Coated Paper Suitable for High-Quality Print         1/1/11-12/31/11
     Graphics Using Sheet-Fed Presses, C-570-959.....
    Lightweight Thermal Paper, C-570-921.............   1/1/11 -12/31/11
    Seamless Carbon and Alloy Steel Standard, Line,      1/1/11-12/31/11
     and Pressure Pipe, C-570-957....................
 

[[Page 66439]]

 
                Suspension Agreements
 
Ukraine: Certain Cut-to-Length Carbon Steel, A-823-     11/1/11-10/31/12
 808.................................................
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 November 2012. If the Department does not receive, 
by the last day of November 2012, 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.
    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: October 19, 2012.
Susan H. Kuhbach,
Director, Office 1, Antidumping and Countervailing Duty Operations.
[FR Doc. 2012-26965 Filed 11-2-12; 8:45 am]
BILLING CODE 3510-DS-P