[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72636-72639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28818]


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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 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

[[Page 72637]]

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 December 2013, 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 
December 2013,\1\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in December 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.

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                                                        Period of Review
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             Antidumping Duty Proceedings
 
Brazil: Carbon Steel Butt-Weld Pipe Fittings.........   12/1/12-11/30/13
A-351-602............................................
Chile: Certain Preserved Mushrooms...................   12/1/12-11/30/13
A-337-804............................................
India:
    Carbozole Violet Pigment 23......................   12/1/12-11/30/13
    A-533-838........................................
    Certain Hot-Rolled Carbon Steel Flat Products....   12/1/12-11/30/13
    A-533-820........................................
    Commodity Matchbooks.............................   12/1/12-11/30/13
    A-533-848........................................
    Stainless Steel Wire Rod.........................   12/1/12-11/30/13
    A-533-808........................................
Indonesia: Certain Hot-Rolled Carbon Steel Flat         12/1/12-11/30/13
 Products............................................
A-560-812............................................
Japan:
    P.C. Steel Wire Strand...........................   12/1/12-11/30/13
    A-588-068........................................
    Welded Large Diameter Line Pipe..................   12/1/12-11/30/13
    A-588-857........................................
Republic of Korea: Welded Astm A-312 Stainless Steel    12/1/12-11/30/13
 Pipe................................................
A-580-810............................................
Socialist of Republic of Vietnam: Uncovered             12/1/12-11/30/13
 Innerspring Units...................................
A-552-803............................................
South Africa: Uncovered Innerspring Units............   12/1/12-11/30/13
A-791-821............................................
Taiwan:
    Carbon Steel Butt-Weld Pipe Fittings.............   12/1/12-11/30/13
    A-583-605........................................
    Steel Wire Garment Hangers.......................    8/2/12-11/30/13
    A-583-849........................................
    Welded Astm A-312 Stainless Steel Pipe...........   12/1/12-11/30/13
    A-583-815........................................
The People's Republic of China:
    Carbazole Violet Pigment 23......................   12/1/12-11/30/13
    A-570-892........................................
    Cased Pencils....................................   12/1/12-11/30/13
    A-570-827........................................

[[Page 72638]]

 
    Crystalline Silicon Photovoltaic Cells, Whether     5/25/12-11/30/13
     Or Not Assembled into Modules...................
    A-570-979........................................
    Hand Trucks and Parts Thereof....................   12/1/12-11/30/13
    A-570-891........................................
    Honey............................................   12/1/12-11/30/13
    A-570-863........................................
    Malleable Cast Iron Pipe Fittings................   12/1/12-11/30/13
    A-570-881........................................
    Multilayered Wood Flooring.......................   12/1/12-11/30/13
    A-570-970........................................
    Porcelain-On-Steel Cooking Ware..................   12/1/12-11/30/13
    A-570-506........................................
    Silicomanganese..................................   12/1/12-11/30/13
    A-570-828........................................
 
           Countervailing Duty Proceedings
 
India:
    Carbozole Violet Pigment 23......................    1/1/12-12/31/12
    C-533-839........................................
    Certain Hot-Rolled Carbon Steel Flat Products....    1/1/13-12/31/13
    C-533-821........................................
    Commodity Matchbooks.............................    1/1/12-12/31/12
    C-533-849........................................
Indonesia: Certain Hot-Rolled Carbon Steel Flat          1/1/13-12/31/13
 Products............................................
C-560-813............................................
Thailand: Certain Hot-Rolled Carbon Steel Flat           1/1/12-12/31/12
 Products............................................
C-549-818............................................
The People's Republic of China:
    Crystalline Silicon Photovoltaic Cells, Whether     3/26/12-12/31/12
     Or Not Assembled into Modules...................
    C-570-980........................................
    Multilayered Wood Flooring.......................   1/1/12--12/31/12
    C-570-971........................................
 
                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.\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.
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    \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.
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    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. See also the Enforcement and Compliance Web site 
at http://trade.gov/enforcement/.
    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. 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 December 2013. If the Department does not receive, 
by the last day of December 2013, a request for review of entries 
covered by an order,

[[Page 72639]]

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: November 15, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-28818 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P