[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63615-63619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26773]


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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 (Commerce) has received requests to 
conduct administrative reviews of various antidumping and 
countervailing duty orders and findings with October anniversary dates. 
In accordance with Commerce's regulations, we are initiating those 
administrative reviews.

DATES: Applicable December 11, 2018.

FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, 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

    Commerce 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 October anniversary dates.
    All deadlines for the submission of various types of information, 
certifications, or comments or actions by Commerce 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 Commerce 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 Commerce'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 Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below, Commerce 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 Commerce decides it is necessary to limit individual 
examination of respondents and conduct respondent selection under 
section 777A(c)(2) of the Act:
    In general, Commerce has found that determinations concerning 
whether particular companies should be ``collapsed'' (e.g., 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, 
Commerce 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 (e.g., investigation, administrative review, new shipper 
review or changed circumstances review). For any company subject to 
this review, if Commerce determined, or continued to treat, that 
company as collapsed with others, Commerce will

[[Page 63616]]

assume that such companies continue to operate in the same manner and 
will collapse them for respondent selection purposes. Otherwise, 
Commerce 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 Commerce 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 Commerce may extend this time if it is 
reasonable to do so. Determinations by Commerce to extend the 90-day 
deadline will be made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of constructed value under section 773(e) of the Act.\2\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(v). If Commerce 
finds that a PMS exists under section 773(e) of the Act, then it will 
modify its dumping calculations appropriately.
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    \2\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial responses to 
section D of the questionnaire.

Separate Rates

    In proceedings involving non-market economy (NME) countries, 
Commerce 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 Commerce'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, Commerce analyzes each entity exporting the subject 
merchandise. In accordance with the separate rates criteria, Commerce 
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, Commerce 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 Commerce's website 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 Commerce 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 \3\ 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,\4\ 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 
Commerce's website 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 Commerce 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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    \3\ 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.
    \4\ 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:

[[Page 63617]]

    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 October 31, 2019.

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                                                          Period to be
                                                            reviewed
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             Antidumping Duty Proceedings
 
AUSTRALIA: Certain Hot-Rolled Steel Flat Products, A-    10/1/17-9/30/18
 602-809.............................................
    BlueScope Steel, Ltd.
    BlueScope Steel Americas, Inc.
    Steelscape LLC.
JAPAN: Certain Hot-Rolled Steel Flat Products, A-588-    10/1/17-9/30/18
 874.................................................
    Hanwa Co., Ltd.
    Higuchi Manufacturing America, LLC.
    Higuchi Seisakusho Co., Ltd.
    Hitachi Metals, Ltd.
    Honda Trading Canada, Inc.
    JFE Shoji Trade America.
    JFE Shoji Trade Corporation.
    JFE Steel Corporation.
    Kanematsu Corporation
    Kobe Steel, Ltd.
    Metal One Corporation.
    Mitsui & Co., Ltd.
    Miyama Industry Co., Ltd.
    Nakagawa Special Steel Inc.
    Nippon Steel & Sumikin Logistics Co., Ltd.
    Nippon Steel & Sumitomo Metal Corporation.
    Nisshin Steel Co., Ltd.
    Okaya & Co., Ltd.
    Panasonic Corporation.
    Saint-Gobain K.K.
    Shinsho Corporation.
    Sumitomo Corporation.
    Suzukaku Co., Ltd.
    Tokyo Steel Manufacturing Co., Ltd.
    Toyota Tsusho Corporation Nagoya.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/17-9/30/18
 201-830.............................................
    ArcelorMittal Las Truchas, S.A. de C.V.
    ArcelorMittal Mexico, S.A. de C.V................
    Deacero S.A.P.I. de C.V.
    Grupo Villacero S.A. de C.V.
    Talleres y Aceros S.A. de C.V.
    Ternium Mexico S.A. de C.V.
POLAND: Emulsion Styrene-Butadiene Rubber, \5\ A-455-    2/24/17-8/31/18
 805.................................................
    Synthos Dwory 7 Spolka z Ograniczona
     Odpowiedzialnoscia Spolka Jawna (SP.ZO.O.S.J.)
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat         10/1/17-9/30/18
 Products, A-580-883.................................
    Dongbu Steel Co., Ltd.
    Dongkuk Industries Co., Ltd.
    Hyundai Steel Company.
    Marubeni-Itochu Steel Korea.
    POSCO.
    POSCO Daewoo Corporation.
    Soon Hong Trading Co.
    Sungjin Co.
REPUBLIC OF KOREA: Emulsion Styrene-Butadiene Rubber,    2/24/17-8/31/18
 \6\ A-580-890.......................................
    Daewoo International Corporation.
TAIWAN: Steel Concrete Reinforcing Bar, A-583-859....     3/7/17-9/30/18
    Lo-Toun Steel and Iron Works Co. Ltd.
    Power Steel Co., Ltd.
THE NETHERLANDS: Certain Hot-Rolled Steel Flat           10/1/17-9/30/18
 Products, A-421-813.................................
    Tata Steel Ijmuiden BV.
THE PEOPLE'S REPUBLIC OF CHINA: Freshwater Crawfish       9/1/17-8/31/18
 Tailmeat, \7\ A-570-848.............................
    Yancheng Hi-King Agriculture Developing Co., Ltd
THE PEOPLE'S REPUBLIC OF CHINA: Steel Wire Garment       10/1/17-9/30/18
 Hangers, A-570-918..................................
    Hangzhou Qingqing Mechanical Co., Ltd.
    Hangzhou Yingqing Material Co., Ltd.
    Hong Kong Wells Ltd.
    Shanghai Wells Hanger Co., Ltd.
TURKEY: Certain Hot-Rolled Steel Flat Products, A-489-  10/1/17--9/30/18
 826.................................................
    Agir Haddecilik A.S.
    Cag Celik Demir ve Celik.
    Colakoglu Dis Ticaret A.S.
    Colakoglu Metalurji, A.S.
    Eregli Demir ve Celik Fabrikalari T.A.S.

[[Page 63618]]

 
    Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.
    Habas Industrial and Medical Gases Production
     Industries Inc.
    Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.
    Iskenderun Iron & Steel Works Co.
    MMK Atakas Metalurji.
    Ozkan Iron and Steel Ind.
    Seametal San ve Dis Tic.
    Tosyali Holding (Toscelik Profile and Sheet Ind.
     Co., Toscelik Profil ve Sac).
TURKEY: Heavy Walled Rectangular Welded Carbon Steel      9/1/17-8/31/18
 Pipes and Tubes, \8\ A-489-824......................
    Ozdemir Boru Profil San. Ve Tic. Ltd. Sti.
           Countervailing Duty Proceedings
 
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat         1/1/17-12/31/17
 Products, C-580-884.................................
    DCE Inc.
    Dong Chuel America Inc.
    Dong Chuel Industrial Co., Ltd.
    Dongbu Incheon Steel Co., Ltd.
    Dongbu Steel Co., Ltd.
    Dongkuk Industries Co., Ltd.
    Dongkuk Steel Mill Co., Ltd.
    Hyewon Sni Corporation (H.S.I.).
    Hyundai Steel Company. \9\
    JFE Shoji Trade Korea Ltd.
    POSCO.
    POSCO Coated & Color Steel Co., Ltd.
    POSCO Daewoo Corporation.
    Soon Hong Trading Co., Ltd.
    Sung-A Steel Co., Ltd.
 
                Suspension Agreements
 
RUSSIA: Uranium, A-821-802...........................    10/1/17-9/30/18
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    \5\ The name of the company listed above was misspelled in the 
initiation notice that published on November 15, 2018 (83 FR 57411). 
The correct spelling of this company name is listed in this notice.
    \6\ The name of the company listed above was misspelled in the 
initiation notice that published on November 15, 2018 (83 FR 57411). 
The correct spelling of this company name is listed in this notice. 
In addition, we inadvertently misspelled the name of the product on 
which the review was initiated. The correct spelling of this product 
is listed in this notice.
    \7\ The name of the company listed above was misspelled in the 
initiation notice that published on November 15, 2018 (83 FR 57411). 
The correct spelling of this company name is listed in this notice.
    \8\ The name of the company listed above was misspelled in the 
initiation notice that published on November 15, 2018 (83 FR 57411). 
The correct spelling of this company name is listed in this notice. 
In addition, heavy walled rectangular welded carbon steel pipes and 
tubes from Turkey produced and exported by Ozdemir Boru Profil San. 
Ve Tic. Ltd. Sti. was excluded from the antidumping duty order. See 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
the Republic of Korea, Mexico, and the Republic of Turkey: 
Antidumping Duty Orders, 81 FR 62865 (September 13, 2016). 
Accordingly, we are initiating this administrative review with 
respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. only for heavy 
walled rectangular welded carbon steel pipes and tubes produced in 
Turkey where Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. acted as 
either the manufacturer or exporter (but not both).
    \9\ In their request for review, the petitioners noted that 
entries for Hyundai Steel Company may also appear under Hyundai 
Steel Co., Ltd.
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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.

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 Commerce'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

    Commerce'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; (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 Commerce; 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

[[Page 63619]]

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.\10\ 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.\11\ Commerce 
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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    \10\ See section 782(b) of the Act.
    \11\ 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, Commerce 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, Commerce 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 Commerce 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: December 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-26773 Filed 12-10-18; 8:45 am]
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