[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13091-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04296]
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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.
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, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the
[[Page 13092]]
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
March 2023,\2\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in March 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
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AUSTRALIA: Certain Uncoated Paper, A-602-807........ 3/1/22-2/28/23
BELGIUM: Acetone, A-423-814......................... 3/1/22-2/28/23
BRAZIL: Certain Uncoated Paper, A-351-842........... 3/1/22-2/28/23
CANADA: Iron Construction Castings, A-122-503....... 3/1/22[dash]2/28/
23
FRANCE: Brass Sheet & Strip, A-427-602.............. 3/1/22-2/28/23
GERMANY: Brass Sheet & Strip, A-428-602............. 3/1/22-2/28/23
INDIA: Granular Polytetrafluoroethylene Resin, A-533- 9/2/21-2/28/23
899................................................
INDIA: Large Diameter Welded Pipe, A-533-881........ 3/1/22-2/28/23
INDIA: Off-The-Road Tires, A-533-869................ 3/1/22-2/28/23
INDIA: Sulfanilic Acid, A-533-806................... 3/1/22-5/8/22
INDONESIA: Certain Uncoated Paper, A-560-828........ 3/1/22-2/28/23
ITALY: Brass Sheet & Strip, A-475-601............... 3/1/22-2/28/23
PORTUGAL: Certain Uncoated Paper, A-471-807......... 3/1/22-2/28/23
REPUBLIC OF KOREA: Acetone, A-580-899............... 3/1/22-2/28/23
RUSSIA: Granular Polytetrafluoroethylene Resin, A- 9/2/21-2/28/23
821-829............................................
RUSSIA: Silicon Metal, A-821-817.................... 3/1/22-2/28/23
SOUTH AFRICA: Acetone, A-791-824.................... 3/1/22-2/28/23
SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A-791- 3/1/22-2/28/23
823................................................
[[Page 13093]]
TAIWAN: Light-Walled Rectangular Welded Carbon Steel 3/1/22-2/28/23
Pipe and Tube, A-583-803...........................
THAILAND: Circular Welded Carbon Steel Pipes and 3/1/22-2/28/23
Tubes, A-549-502...................................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, A- 3/1/22-2/28/23
570-049............................................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous Silica 3/1/22-2/28/23
Fabric, A-570-038..................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Biaxial 3/1/22-2/28/23
Integral Geogrid Products, A-570-036...............
THE PEOPLE'S REPUBLIC OF CHINA: Certain Carbon and 3/1/22-2/28/23
Alloy Steel Cut-To-Length Plate, A-570-047.........
THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion 3/1/22-2/28/23
Inhibitors, A-570-122..............................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic 3/1/22-2/28/23
Decorative Ribbon, A-570-075.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Uncoated 3/1/22-2/28/23
Paper, A-570-022...................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical 3/1/22-2/28/23
Shaft Engines Between 225CC and 999CC, and Parts
Thereof, A-570-119.................................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 3/1/22-2/28/23
Austenitic Stainless Pressure Pipe, A-570-930......
THE PEOPLE'S REPUBLIC OF CHINA: Difluoromethane (R- 3/1/22-2/28/23
32), A-570-121.....................................
THE PEOPLE'S REPUBLIC OF CHINA: Glycine, A-570-836.. 3/1/22-2/28/23
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter 3/1/22-2/28/23
Welded Pipe, A-570-077.............................
THE PEOPLE'S REPUBLIC OF CHINA: Pentafluoroethane (R- 8/17/21-2/28/23
125), A-570-137....................................
THE PEOPLE'S REPUBLIC OF CHINA: Sodium 3/1/22-2/28/23
Hexametaphosphate, A-570-908.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Tissue Paper 3/1/22-2/28/23
Products, A-570-894................................
UKRAINE: Carbon and Alloy Steel Wire Rod, A-823-816. 3/1/22-2/28/23
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Countervailing Duty Proceedings
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INDIA: Fine Denier Polyester Staple Fiber, C-533-876 1/1/22-12/31/22
INDIA: Granular Polytetrafluoroethylene Resin, C-533- 7/6/21-12/31/22
900................................................
INDIA: Large Diameter Welded Pipe, C-533-882........ 1/1/22-12/31/22
INDIA: Off-The-Road Tires, C-533-870................ 1/1/22-12/31/22
INDIA: Sulfanilic Acid, C-533-807................... 1/1/22-5/8/22
INDONESIA: Certain Uncoated Paper, C-560-829........ 1/1/22-12/31/22
IRAN: In-Shell Pistachios, C-507-501................ 1/1/22-12/31/22
RUSSIA: Granular Polytetrafluoroethylene Resin, C- 7/6/21-12/31/22
821-830............................................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, C- 1/1/22-12/31/22
570-050............................................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous Silica 1/1/22-12/31/22
Fabric, C-570-039..................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Biaxial 1/1/22-12/31/22
Integral Geogrid Products, C-570-037...............
THE PEOPLE'S REPUBLIC OF CHINA: Certain Carbon and 1/1/22-12/31/22
Alloy Steel Cut-To-Length Plate, C-570-048.........
THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion 1/1/22-12/31/22
Inhibitors, C-570-123..............................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic 1/1/22-12/31/22
Decorative Ribbon, C-570-076.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Uncoated 1/1/22-12/31/22
Paper, C-570-023...................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical 1/1/22-12/31/22
Shaft Engines Between 225CC and 999CC, and Parts
Thereof, C-570-120.................................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 1/1/22-12/31/22
Austenitic Stainless Pressure Pipe, C-570-931......
THE PEOPLE'S REPUBLIC OF CHINA: Fine Denier 1/1/22-12/31/22
Polyester Staple Fiber, C-570-061..................
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter 1/1/22 -12/31/22
Welded Pipe, C-570-078.............................
THE PEOPLE'S REPUBLIC OF CHINA: Pentafluoroethane (R- 6/25/21-12/31/22
125), C-570-138....................................
TURKEY: Circular Welded Carbon Steel Pipes and 1/1/22-12/31/22
Tubes, C-489-502...................................
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Suspension Agreements
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.\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
[[Page 13094]]
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 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 March 2023. If Commerce does not receive, by the
last day of March 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.
[[Page 13095]]
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 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: February 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-04296 Filed 3-1-23; 8:45 am]
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