[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 45-49]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28519]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review and Join 
Annual Inquiry Service List

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.

SUPPLEMENTARY INFORMATION:

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

[[Page 46]]

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, 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 35 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)(2)(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)(2)(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 Section D 
responses.
    Opportunity to Request A Review: Not later than the last day of 
January 2023,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in January for the following periods:
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    \2\ 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
 
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-806.       1/22-12/31/22
BRAZIL: Prestressed Concrete Steel Wire Stand, A-351-      1/22-12/31/22
 837................................................
CANADA: Softwood Lumber, A-122-857..................       1/22-12/31/22
GERMANY: Forged Steel Fluid End Blocks, A-428-847...       1/22-12/31/22
INDIA: Prestressed Concrete Steel Wire Strand, A-533-      1/22-12/31/22
 828................................................
    Polyester Textured Yarn, A-533-885..............       1/22-12/31/22
ITALY: Forged Steel Fluid End Blocks, A-475-840.....       1/22-12/31/22
MEXICO: Prestressed Concrete Steel Wire Strand, A-         1/22-12/31/22
 201-831............................................
REPUBLIC OF KOREA: Prestressed Concrete Steel Wire         1/22-12/31/22
 Strand, A-580-852..................................
THE RUSSIAN FEDERATION: Carbon and Alloy Steel Wire        1/22-12/31/22
 Rod, A-821-824.....................................
REPUBLIC OF SOUTH AFRICA: Ferrovanadium, A-791-815..       1/22-12/31/22
THAILAND: Prestressed Concrete Steel Wire Strand, A-       1/22-12/31/22
 549-820............................................

[[Page 47]]

 
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                    1/22-12/31/22
 Hypochlorite, A-570-008............................
    Carbon and Certain Alloy Steel Wire Rod, A-570-        1/22-12/31/22
     012............................................
    Certain Crepe Paper Products, A-570-895.........       1/22-12/31/22
    Ferrovanadium, A-570-873........................       1/22-12/31/22
    Certain Folding Gift Boxes, A-570-866...........       1/22-12/31/22
    Certain Hardwood Plywood Products, A-570-051....       1/22-12/31/22
    Polyester Textured Yarn, A-570-097..............       1/22-12/31/22
    Potassium Permanganate, A-570-001...............       1/22-12/31/22
    Wooden Bedroom Furniture, A-570-890.............       1/22-12/31/22
UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire          1/22-12/31/22
 Rod, A-520-808.....................................
 
           Countervailing Duty Proceedings
 
ARGENTINA: Biodiesel, C-357-821.....................       1/22-12/31/22
CANADA: Softwood Lumber, C-122-858..................       1/22-12/31/22
GERMANY: Forged Steel Fluid End Blocks, C-428-848...       1/22-12/31/22
INDIA: Polyester Textured Yarn, C-533-886...........       1/22-12/31/22
    Forged Steel Fluid End Blocks, C-533-894........       1/22-12/31/22
INDONESIA: Biodiesel, C-560-831.....................       1/22-12/31/22
ITALY: Forged Steel Fluid End Blocks, C-475-841.....       1/22-12/31/22
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                    1/22-12/31/22
 Hypochlorite, C-570-009............................
    Carbon and Certain Alloy Steel Wire Rod, C-570-        1/22-12/31/22
     013............................................
    Circular Welded Carbon Quality Steel Line Pipe,        1/22-12/31/22
     C-570-936......................................
    Forged Steel Fluid End Blocks, C-570-116........       1/22-12/31/22
    Certain Hardwood Plywood Products, C-570-052....       1/22-12/31/22
    Oil Country Tubular Goods, C-570-944............       1/22-12/31/22
    Polyester Textured Yarn, C-570-098..............       1/22-12/31/22
    Certain Tool Chests and Cabinets, C-570-057.....       1/22-12/31/22
 
                Suspension Agreements
 
THE RUSSIAN FEDERATION: Certain Cut To Length Carbon       1/22-12/31/22
 Steel Plate, A-821-808.............................
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    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. 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.\3\
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    \3\ See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-and-countervailing-duties.
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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.\4\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity.\5\ 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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    \4\ 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).
    \5\ 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

[[Page 48]]

website at https://access.trade.gov.\6\ 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. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\7\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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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 the last day of January 2023. If Commerce does not receive, by the 
last day of January 2023, a request for review of entries covered by an 
order, finding, or suspended investigation listed in this notice and 
for the period 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.

Establishment of and Updates to the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\8\ On September 
27, 2021, Commerce also published the notice entitled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\9\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\10\
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    \8\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \9\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \10\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register before November 4, 2021, Commerce created an 
annual inquiry service list segment for each order and suspended 
investigation. Interested parties who wished to be added to the annual 
inquiry service list for an order submitted an entry of appearance to 
the annual inquiry service list segment for the order in ACCESS, and on 
November 4, 2021, Commerce finalized the initial annual inquiry service 
lists for each order and suspended investigation. Each annual inquiry 
service list has been saved as a public service list in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
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    \11\ This segment has been combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    As mentioned in the Procedural Guidance, beginning in January 2022, 
Commerce will update these annual inquiry service lists on an annual 
basis when the Opportunity Notice for the anniversary month of the 
order or suspended investigation is published in the Federal 
Register.\12\ Accordingly, Commerce will update the annual inquiry 
service lists for the above-listed antidumping and countervailing duty 
proceedings. All interested parties wishing to appear on the updated 
annual inquiry service list must take one of the two following actions: 
(1) new interested parties who did not previously submit an entry of 
appearance must submit a new entry of appearance at this time; (2) 
interested parties who were included in the preceding annual inquiry 
service list must submit an amended entry of appearance to be included 
in the next year's annual inquiry service list. For these interested 
parties, Commerce will change the entry of appearance status from 
``Active'' to ``Needs Amendment'' for the annual inquiry service lists 
corresponding to the above-listed proceedings. This will allow those 
interested parties to make any necessary amendments and resubmit their 
entries of appearance. If no amendments need to be made, the interested 
party should indicate in the area on the ACCESS form requesting an 
explanation for the amendment that it is resubmitting its entry of 
appearance for inclusion in the annual inquiry service list for the 
following year. As mentioned in the Final Rule,\13\ once the 
petitioners and foreign governments have submitted an entry of 
appearance for the first time, they will automatically be added to the 
updated annual inquiry service list each year.
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    \12\ See Procedural Guidance, 86 FR at 53206.
    \13\ See Final Rule, 86 FR at 52335.
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    Interested parties have 30 days after the date of this notice to 
submit new or amended entries of appearance. Commerce will then 
finalize the annual inquiry service lists five business days 
thereafter. For ease of administration, please note that Commerce 
requests that law firms with more than one attorney representing 
interested parties in a proceeding designate a lead attorney to be 
included on the annual inquiry service list.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \14\ Accordingly, as stated 
above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update

[[Page 49]]

to the annual inquiry service list in accordance with the procedures 
described above.
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    \14\ Id.
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    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: December 19, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-28519 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P