[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46566-46569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18555]


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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 June anniversary dates. In 
accordance with the Department's regulations, we are initiating those 
administrative reviews.

DATES: Effective Date: August 1, 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 June 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

[[Page 46567]]

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 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 June 30, 2014.

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                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
Japan: Carbon and Alloy Seamless Standard, Line and       6/1/12-5/31/13
 Pressure Pipe (Over 4\1/2\ Inches), A-588-850.......
    JFE Steel Corporation
    Nippon Steel Corporation
    NKK Tubes
    Sumitomo Metal Industries, Ltd.
Spain: Chlorinated Isocyanurates, A-469-814..........     6/1/12-5/31/13
    Ecros, S.A. of Spain
The People's Republic of China: Chlorinated               6/1/12-5/31/13
 Isocyanurates \3\ A-570-898.........................
    Arch Chemicals (China) Co., Ltd.
    Hebei Jiheng Chemical Co., Ltd.
    Heze Huayi Chemical Co. Ltd.
    Juancheng Kangtai Chemical Co. Ltd.
    Zhucheng Taisheng Chemical Co., Ltd.
The People's Republic of China: High Pressure Steel     12/15/11-5/31/13
 Cylinders \4\ A-570-977.............................
    Beijing Tianhai Industry Co., Ltd.
The People's Republic of China: Polyester Staple          6/1/12-5/31/13
 Fiber \5\ A-570-905.................................
    Takayasu Industrial (Jiangyin) Co., Ltd.
    Zhaoqing Tifo New Fibre Co., Ltd.
The People's Republic of China: Silicon Metal \6\ A-     6/1/12--5/31/13
 570-806.............................................

[[Page 46568]]

 
    Shanghai Jinneng International Trade Co. Ltd.
The People's Republic of China: Tapered Roller            6/1/12-5/31/13
 Bearings 7 8 A-570-601..............................
    Changshan Peer Bearing Co., Ltd.
    GGB Bearing Technology (Suzhou) Co., Ltd.
    Xiangyang Automobile Bearing Co., Ltd.
    Zhejiang Zhaofeng Mechanical and Electronic Co.,
     Ltd.
 
           Countervailing Duty Proceedings
 
The People's Republic of China: High Pressure Steel    10/18/11-12/31/12
 Cylinders C-570-978.................................
    Beijing Tianhai Industry Co., Ltd.
 
                Suspension Agreements
 
None.................................................
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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.
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    \3\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Chlorinated Isocyanurates 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.
    \4\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of High Pressure Steel Cylinders 
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 Polyester Staple Fiber 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.
    \6\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Silicon Metal 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.
    \7\ If one of the above-named companies does not qualify for a 
separate rate, all other exporters of Tapered Roller Bearings 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.
    \8\ The Department has received a review request for one company 
not shown above, Shanghai Bearing Company Ltd. (``SGBC''). In 1997, 
the Department revoked the antidumping duty order on tapered roller 
bearings from the People's Republic of China produced and exported 
by SGBC. See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Revocation in Part of 
Antidumping Duty Order, 62 FR 6189 (Feb. 11, 1997). Therefore, we 
are not initiating a review for this company.
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    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 they 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 or after May 10, 2013. Please review the final 
rule, available at http://ia.ita.doc.gov/frn/2013/1304frn/201308227.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:

[[Page 46569]]

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 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).

    Dated: July 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-18555 Filed 7-31-13; 8:45 am]
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