[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24398-24401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09889]
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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: Enforcement and Compliance, 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 March anniversary dates.
In accordance with the Department's regulations, we are initiating
those administrative reviews.
DATES: April 30, 2014.
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.
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 March 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.\1\ 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.
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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 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. Rebuttal comments will be due five
days after submission of initial comments.
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 (``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 the Department considered collapsing that entity,
complete Q&V 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 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
[[Page 24399]]
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://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 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 \2\ 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,\3\ 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://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 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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\2\ 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.
\3\ 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, 2015.
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Period to be
reviewed
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Antidumping Duty Proceedings
France: Brass Sheet and Strip, A-427-602............. 3/1/13-2/28/14
Griset SA
KME France
Germany: Brass Sheet and Strip, A-428-602............ 3/1/13-2/28/14
Aurubis Stolberg GmbH & Co. KG
Carl Schreiber GmbH
KME Germany AG & Co. KG
Messingwerk Plettenberg Herfeld GmbH & Co. KG
MKM Mansfelder Kupfer & Messing GmbH
Schlenk Metallfolien GmbH & Co. KG
Schwermetall Halbzeugwerk GmbH & Co. KG
Sundwiger Messingwerke GmbH & Co. KG
ThyssenKrupp VDM GmbH
Wieland-Werke AG
India: Certain Frozen Warmwater Shrimp,\4\ A-533-840. 2/1/13-1/31/14
Munnangi Sea Foods (Pvt) Ltd.
Italy: Brass Sheet and Strip, A-475-601.............. 3/1/13-2/28/14
KME Italy SpA
Spain: Stainless Steel Bar, A-469-805................ 3/1/13-2/28/14
Gerdau Aceros Especiales Europa, S.L.
Thailand: Circular Welded Carbon Steel Pipes and 3/1/13-2/28/14
Tubes, A-549-502....................................
Pacific Pipe Public Company Limited
[[Page 24400]]
Saha Thai Steel Pipe Company, Ltd.
Saha Thai Steel Pipe (Public) Company, Ltd.
The People's Republic of China: Glycine, A-570-836... 3/1/13-2/28/14
Baoding Mantong Fine Chemistry Co., Ltd.
Evonik Rexim (Nanning) Pharmaceutical Co., Ltd.
The People's Republic of China: Sodium 3/1/13-2/28/14
Hexametaphosphate, A-570-908........................
Hubei Xingfa Chemicals Group Co., Ltd.
Countervailing Duty Proceedings
Republic of Korea: Large Residential Washers,\5\ C- 6/5/12-12/31/13
580-869.............................................
The People's Republic of China: Drill Pipe, C-570-966 1/1/13-12/31/13
Shanxi Yida Special Steel Imp. & Exp. Co., Ltd.
Turkey: Certain Welded Carbon Steel Pipe and Tube, C- 1/1/13-12/31/13
489-502.............................................
Borusan Group and all affiliates (including, but
not limited to, Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. (``BMB''), Borusan
Istikbal Ticaret (``Istikbal''), Borusan
Holding A.S., and Borusan Lojistik Dagitim
Pepolama Tasimacilik ve Tic A.S.)
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
Guven Steel Pipe (also known as Guven Celik Boru
San. Ve Tic. Ltd.)
Toscelik Profil ve Sac Endustrisi A.S.
Toscelik Metal Ticaret A.S.
Tosyali Dis Ticaret A.S.
Umran Celik Boru Sanaylii A.S. (also known as
Umran Steel Pipe Inc.)
Yucel Group and all affiliates (including, but
not limited to, Yucel Boru ve Profil Endustrisi
A.S., Yucelboru Ihracat Ithalat ve Pazarlama
A.S. and Cayirova Boru Sanayi ve Ticaret A.S.)
(``Yucel Group'')
Suspension Agreements
None
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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,
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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\4\ In the initiation notice for certain frozen warmwater shrimp
from India and Thailand, the Department inadvertently omitted one
company, Munnangi Sea Foods (Pvt) Ltd., for which a timely review
request was received with respect to the 2013-2014 administrative
review of the antidumping duty order on Certain Frozen Warmwater
Shrimp from India. See Certain Frozen Warmwater Shrimp From India
and Thailand: Notice of Initiation of Antidumping Duty
Administrative Reviews, 79 FR 18510 (Apr. 2, 2014). This company is
included herein as a correction to the April 2, 2014, initiation
notice.
\5\ In the initiation notice that published on April 1, 2014 (79
FR 18262) the POR for the above referenced case was incorrect. The
period listed above is the correct POR for this case.
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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 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 the 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://
[[Page 24401]]
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.\6\ 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.\7\ 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\ The
Department 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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\6\ See section 782(b) of the Act.
\7\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: 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).
\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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Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation
concerning the extension of time limits for submissions in antidumping
and countervailing duty proceedings: Final Rule, 78 FR 57790 (September
20, 2013). The modification clarifies that parties may request an
extension of time limits before a time limit established under Part 351
expires, or as otherwise specified by the Secretary. 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 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, the Department
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, the Department 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 the Department 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 22, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-09889 Filed 4-29-14; 8:45 am]
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