[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2816-2819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01660]
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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, International Trade Administration,
Department of Commerce.
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.
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 (Commerce) 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 Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
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, except for the
administrative review of the antidumping duty order on wooden bedroom
furniture from the People's Republic of China and the reviews of the
antidumping duty orders on certain crystalline silicon photovoltaic
products from Taiwan and the People's Republic of China, 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 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. Commerce 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 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 finds 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, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
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 a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will 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 a 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 a proceeding where Commerce 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 requests 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.\1\
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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\1\ 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
[[Page 2817]]
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
Section D responses.
Opportunity to Request a Review: Commerce exercised its discretion
to toll all deadlines affected by the partial federal government
closure from December 22, 2018, through the resumption of operations on
January 29, 2019.\2\ Accordingly, not later than February 28, 2019,\3\
interested parties may request administrative review of the following
orders, findings, or suspended investigations, with anniversary dates
in December, January and February for the following periods. With
regard to properly filed requests for review that have already been
filed for AD and CVD orders or suspension agreements with December or
January anniversary dates, Commerce will consider such requests as
timely filed.
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\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019.
\3\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
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Antidumping Duty Proceedings for December 2018
Please see the notice of opportunity to request administrative
reviews that published on December 3, 2018 (83 FR 62293) for a list of
relevant antidumping duty proceedings.
Countervailing Duty Proceedings for December 2018
Please see the notice of opportunity to request administrative
reviews that published on December 3, 2018 (83 FR 62293) for a list of
relevant countervailing duty proceedings.
Suspension Agreements for December 2018
Please see the notice of opportunity to request administrative
reviews that published on December 3, 2018 (83 FR 62293) for a list of
relevant suspension agreements.
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\4\ In the notice of opportunity to request administrative
reviews that published on December 3, 2018 (83 FR 62293) Commerce
listed the incorrect period of review for the CVD Sugar from Mexico
case. The correct period of review is listed in this notice.
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Period of review
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Suspension Agreements for December 2019
MEXICO: Sugar,\4\ C-201-846.......................... 1/1/18-12/31/18
Antidumping Duty Proceedings for January 2019
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-806.. 9/12/17-12/31/18
BRAZIL: Prestressed Concrete Steel Wire Strand, A-351- 1/1/18-12/31/18
837.................................................
CANADA: Softwood Lumber, A-122-857................... 6/30/17-12/31/18
INDIA: Prestressed Concrete Steel Wire Strand, A-533- 1/1/18-12/31/18
828.................................................
MEXICO: Prestressed Concrete Steel Wire Strand, A-201- 1/1/18-12/31/18
831.................................................
REPUBLIC OF KOREA: Prestressed Concrete Steel Wire 1/1/18-12/31/18
Strand, A-580-852...................................
RUSSIA: Carbon and Alloy Steel Wire Rod, A-821-824... 9/12/17-12/31/18
SOUTH AFRICA: Ferrovanadium, A-791-815............... 1/1/18-12/31/18
THAILAND: Prestressed Concrete Steel Wire Strand, A- 1/1/18-12/31/18
549-820.............................................
THE PEOPLE'S REPUBLIC OF CHINA:
Calcium Hypochlorite, A-570-008.................. 1/1/18-12/31/18
Carbon and Certain Alloy Steel Wire Rod, A-570- 1/1/18-12/31/18
012.............................................
Crepe Paper Products, A-570-895.................. 1/1/18-12/31/18
Ferrovanadium, A-570-873......................... 1/1/18-12/31/18
Folding Gift Boxes, A-570-866.................... 1/1/18-12/31/18
Hardwood Plywood Products, A-570-051............. 6/23/17-12/31/18
Potassium Permanganate, A-570-001................ 1/1/18-12/31/18
Wooden Bedroom Furniture, A-570-890.............. 1/1/18-12/31/18
UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire 9/12/17-12/31/18
Rod, A-520-808......................................
ARGENTINA: Biodiesel, C-357-821...................... 8/28/17-12/31/18
CANADA: Softwood Lumber, C-122-858................... 4/28/17-12/31/18
INDONESIA: Biodiesel, C-560-831...................... 8/28/17-12/31/18
THE PEOPLE'S REPUBLIC OF CHINA:
Calcium Hypochlorite, C-570-009.................. 1/1/18-12/31/18
Carbon and Certain Alloy Steel Wire Rod, C-570- 1/1/18-12/31/18
013.............................................
Circular Welded Carbon Quality Steel Line Pipe, C- 1/1/18-12/31/18
570-936.........................................
Hardwood Plywood Products, C-570-052............. 4/25/17-12/31/18
Oil Country Tubular Goods, C-570-944............. 1/1/18-12/31/18
Tool Chests and Cabinets, C-570-057.............. 9/15/17-12/31/18
Suspension Agreements for January 2019
RUSSIA: Certain Cut-To-Length Carbon Steel Plate, A- 1/1/18-12/31/18
821-808.............................................
Antidumping Duty Proceedings for February 2019
BRAZIL: Carbon and Alloy Steel Cut-to-Length Plate, A- 2/1/18-1/31/19
351-847.............................................
FRANCE: Uranium, A-427-818........................... 2/1/18-1/31/19
INDIA:
Certain Cut-To-Length Carbon-Quality Steel Plate, 2/1/18-1/31/19
A-533-817.......................................
Certain Preserved Mushrooms, A-533-813........... 2/1/18-1/31/19
Frozen Warmwater Shrimp, A-533-840............... 2/1/18-1/31/19
Stainless Steel Bar, A-533-810................... 2/1/18-1/31/19
INDONESIA:
Certain Cut-To-Length Carbon-Quality Steel Plate, 2/1/18-1/31/19
A-560-805.......................................
Certain Preserved Mushrooms, A-560-802........... 2/1/18-1/31/19
[[Page 2818]]
ITALY: Stainless Steel Butt-Weld Pipe Fittings, A-475- 2/1/18-1/31/19
828.................................................
JAPAN:
Carbon Steel Butt-Weld Pipe Fittings, A-588-602.. 2/1/18-1/31/19
Stainless Steel Bar, A-588-833................... 2/1/18-1/31/19
MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings, A- 2/1/18-1/31/19
557-809.............................................
MEXICO: Large Residential Washers, A-201-842......... 2/1/18-1/31/19
PHILIPPINES: Stainless Steel Butt-Weld Pipe Fittings, 2/1/18-1/31/19
A-565-801...........................................
REPUBLIC OF KOREA:
Certain Cut-To-Length Carbon-Quality Steel Plate, 2/1/18-1/31/19
A-580-836.......................................
Large Residential Washers, A-580-868............. 2/1/18-1/31/19
SOCIALIST REPUBLIC OF VIETNAM:
Frozen Warmwater Shrimp, A-552-802............... 2/1/18-1/31/19
Steel Wire Garment Hangers, A-552-812............ 2/1/18-1/31/19
Utility Scale Wind Towers, A-552-814............. 2/1/18-1/31/19
SOUTH AFRICA: Carbon and Alloy Steel Cut-To-Length 2/1/18-1/31/19
Plate, A-791-822....................................
TAIWAN: Crystalline Silicon Photovoltaic Products, A- 2/1/18-1/31/19
583-853.............................................
THAILAND: Frozen Warmwater Shrimp, A-549-822......... 2/1/18-1/31/19
THE PEOPLE'S REPUBLIC OF CHINA:
Certain Preserved Mushrooms, A-570-851........... 2/1/18-1/31/19
Crystalline Silicon Photovoltaic Products, A-570- 2/1/18-1/31/19
010.............................................
Frozen Warmwater Shrimp, A-570-893............... 2/1/18-1/31/19
Heavy Forged Hand Tools, With or Without Handles, 2/1/18-1/31/19
A-570-803.......................................
Large Residential Washers, A-570-033............. 2/1/18-1/31/19
Small Diameter Graphite Electrodes, A-570-929.... 2/1/18-1/31/19
Uncovered Innerspring Units, A-570-928........... 2/1/18-1/31/19
Utility Scale Wind Towers, A-570-981............. 2/1/18-1/31/19
TURKEY: Carbon and Alloy Steel Cut-To-Length Plate, A- 2/1/18-1/31/19
489-828.............................................
INDIA:
Certain Cut-To-Length Carbon-Quality Steel Plate, 1/1/18-12/31/18
C-533-818.......................................
Prestressed Concrete Steel Wire Strand, C-533-829 1/1/18-12/31/18
Cold-Drawn Mechanical Tubing, C-533-874.......... 9/25/17-12/31/18
INDONESIA: Certain Cut-To-Length Carbon-Quality Steel 1/1/18-12/31/18
Plate, C-560-806....................................
REPUBLIC OF KOREA:
Certain Cut-To-Length Carbon-Quality Steel Plate, 1/1/18-12/31/18
C-580-837.......................................
Large Residential Washers, C-580-869............. 1/1/18-12/31/18
SOCIALIST REPUBLIC OF VIETNAM: Steel Wire Garment 1/1/18-12/31/18
Hangers, C-552-813..................................
THE PEOPLE'S REPUBLIC OF CHINA:
Cold-Drawn Mechanical Tubing, C-570-059.......... 9/25/17-12/31/18
Crystalline Silicon Photovoltaic Products, C-570- 1/1/18-12/31/18
011.............................................
Utility Scale Wind Towers, C-570-982............. 1/1/18-12/31/18
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Suspension Agreements for February 2019
None.
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. 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
was 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.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce 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), Commerce 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.\5\
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\5\ See also the Enforcement and Compliance website at http://trade.gov/enforcement/.
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Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\6\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of
[[Page 2819]]
the NME entity.\7\ In administrative reviews of antidumping duty orders
on merchandise from NME countries where a review of the NME entity has
not been initiated, but where an individual exporter for which a review
was initiated does not qualify for a separate rate, Commerce will issue
a final decision indicating that the company in question is part of the
NME entity. However, in that situation, because no review of the NME
entity was conducted, the NME entity's entries were not subject to the
review and the rate for the NME entity is not subject to change as a
result of that review (although the rate for the individual exporter
may change as a function of the finding that the exporter is part of
the NME entity). Following initiation of an antidumping administrative
review when there is no review requested of the NME entity, Commerce
will instruct CBP to liquidate entries for all exporters not named in
the initiation notice, including those that were suspended at the NME
entity rate.
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\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\7\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
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All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at http://access.trade.gov.\8\ 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.
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\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Commerce 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 February 28, 2019. If Commerce does not receive, by February 28,
2019, a request for review of entries covered by an order, finding, or
suspended investigation listed in this notice and for any of the
periods identified above, Commerce will instruct CBP to assess
antidumping or countervailing duties on those entries at a rate equal
to the cash deposit of 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: February 4, 2019.
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. 2019-01660 Filed 2-7-19; 8:45 am]
BILLING CODE 3510-DS-P