[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35749-35752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16160]


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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 (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: Applicable August 1, 2017.

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, 1401 
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 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 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 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 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 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

[[Page 35750]]

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 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. 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 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 \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 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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    \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 tothe 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 
Separtate 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, 2018.

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                                                  Period to be  reviewed
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          Antidumping Duty Proceedings
 
SPAIN:.........................................
    Chlorinated Isocyanurates A-469-814........           6/1/16-5/31/17
    Ercros, S.A................................
TAIWAN:
    Polyester Staple Fiber A-583-833...........           5/1/16-4/30/17
    The Fong Min International Co. Ltd. \4\

[[Page 35751]]

 
THE PEOPLE'S REPUBLIC OF CHINA:
    Chlorinated Isocyanurates A-570-898........           6/1/16-5/31/17
    Hebei Jiheng Chemical Co., Ltd.............
    Heze Huayi Chemical Co. Ltd................
    Juancheng Kangtai Chemical Co. Ltd.........
    High Pressure Steel Cylinders A-570-977....           6/1/16-5/31/17
    Beijing Tianhai Industry Co. Ltd...........
    Polyester Staple Fiber A-570-905...........           6/1/16-5/31/17
    Cixi Sansheng Chemical Fiber Co............
    Tapered Roller Bearings \5\ A-570-601......           6/1/16-5/31/17
    Apex Maritime Shanghai Co Ld...............
    Changshan Peer Bearing Co., Ltd............
    CNH Industrial Italia SpA..................
    Crossroads Global Trading Co Ltd...........
    GGB Bearing Technology (Suzhou) Co., Ltd...
    GSP Automotive Group Wenzhou Co., Ltd......
    Hangzhou Hanji Auto Parts Co., Ltd.........
    Hangzhou Radical Energy-Saving Technology
     Co., Ltd..................................
    Hangzhou Xiaoshan Dingli Machinery Co Ltd..
    Hubei New Torch Science & Technology Co Ltd
    Kinetsu World Express China Co Ltd.........
    Luoyang Bearing Corp. Group................
    Ningbo Xinglun Bearing Import & Export Co
     Ltd.......................................
    Pacific Link Intl Freight Forwarding Co Ltd
    Shanghai Dizhao Industrial Trading Co Ltd..
    Shanghai General Bearing Co., Ltd..........
    Thi Group Shanghai Ltd.....................
    Wanxiang Group Corp........................
    Weifang Haoxin-Conmet Mechanical Products
     Co Ltd....................................
    Yantai Huilong Machinery Parts Co Ltd......
    Zhejiang Machinery Import & Export Corp....
    Zhejiang Sihe Machine Co Ltd...............
    Zhejiang Zhaofeng Mechanical & Electronic
     Co., Ltd..................................
UNITED ARAB EMIRATES: Certain Steel Nails \6\ A-          5/1/16-4/30/17
 520-804.......................................
 
        Countervailing Duty Proceedings
 
THE PEOPLE'S REPUBLIC OF CHINA:................
    High Pressure Steel Cylinders C-570-978....          1/1/16-12/31/16
    Beijing Tianhai Industry Co., Ltd..........
             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 
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\ On July 6, 2017 the Department published Initiation of 
Antidumping and Countervailing Duty Administrative Reviews: 82 FR 
31292 (July 6, 2016) (Initiation Notice) in which the Department 
inadvertently included TFM North America, Inc. in its Initiation 
Notice. We did not intend to initiate a review of this company. This 
notice serves as a correction to the Initiation Notice.
    \5\ In the notice of opportunity to request administrative 
reviews that published on June 7, 2017 (82 FR 26443) the Department 
listed the period of review for the case Tapered Rolling Bearings 
from the PRC incorrectly. The correct period of review is listed 
above.
    \6\ On July 6, 2017 the Department published Initiation of 
Antidumping and Countervailing Duty Administrative Reviews; 82 FR 
31292 (July 6, 2016) (Initiation Notice) in which the Department 
inadvertently misspelt Overseas Distribution Services Inc. as 
Overseas Distrubution Services Inc. This notice serves as a 
correction to the Initiation Notice.
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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 the Department'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

    The Department'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;

[[Page 35752]]

(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). 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\ 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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    \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 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: July 26, 2017.
James Maeder,
Senior Director, perfoming the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-16160 Filed 7-31-17; 8:45 am]
 BILLING CODE 3510-DS-P