Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
| Published date | 03 September 2019 |
| Citation | 84 FR 45949 |
| Record Number | 2019-18936 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 170 (Tuesday, September 3, 2019)
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 45949-45952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18936]
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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, 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
[[Page 45950]]
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
September 2019,\2\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in September 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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Period of review
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Antidumping Duty Proceedings Period of Review
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BELARUS:
Steel Concrete Reinforcing Bars A-822-804........ 9/1/18-8/31/19
BRAZIL:
Cold-Rolled Steel Flat Products A-351-843........ 9/1/18-8/31/19
Emulsion Styrene-Butadiene Rubber A-351-849...... 9/1/18-8/31/19
INDIA:
Cold-Rolled Steel Flat Products A-533-865........ 9/1/18-8/31/19
Lined Paper Products A-533-843................... 9/1/18-8/31/19
Oil Country Tubular Goods A-533-857.............. 9/1/18-8/31/19
INDONESIA:
Steel Concrete Reinforcing Bars A-560-811........ 9/1/18-8/31/19
JAPAN:
Stainless Steel Wire Rod A-588-843............... 9/1/18-8/31/19
LATVIA:
Stainless Concrete Reinforcing Bars A-449-804.... 9/1/18-8/31/19
MEXICO:
Emulsion Styrene-Butadiene Rubber A-201-848...... 9/1/18-8/31/19
Heavy Walled Rectangular Welded Carbon Steel 9/1/18-8/31/19
Pipes and Tubes A-201-847.......................
Magnesia Carbon Bricks A-201-837................. 9/1/18-8/31/19
MOLDOVA:
Steel Concrete Reinforcing Bars A-841-804........ 9/1/18-8/31/19
POLAND:
Emulsion Styrene-Butadiene Rubber A-455-805...... 9/1/18-8/31/19
Steel Concrete Reinforcing Bars A-455-803........ 9/1/18-8/31/189
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products A-580-881........ 9/1/18-8/31/19
Emulsion Styrene-Butadiene Rubber A-580-890...... 9/1/18-8/31/19
Heavy Walled Rectangular Welded Carbon Pipes and 9/1/18-8/31/19
Tubes A-580-880.................................
Oil Country Tubular Goods A-580-870.............. 9/1/18-8/31/19
[[Page 45951]]
Stainless Steel Wire Rod A-580-829............... 9/1/18--8/31/19
SOCIALIST REPUBLIC OF VIETNAM:
Oil Country Tubular Goods A-552-817.............. 9/1/18-8/31/19
TAIWAN:
Forged Steel Fittings A-583-863.................. 5/17/18-8/31/19
Narrow Woven Ribbons With Woven Selvedge A-583- 9/1/18-8/31/19
844.............................................
Raw Flexible Magnets A-583-842................... 9/1/18-8/31/19
Stainless Steel Wire Rod A-583-828............... 9/1/18-8/31/19
THE PEOPLE'S REPUBLIC OF CHINA:
Foundry Coke A-570-862........................... 9/1/18--8/31/19
Freshwater Crawfish Tailmeat A-570-848........... 9/1/18-5/15/19
Kitchen Appliance Shelving and Racks A-570-941... 9/1/18-8/31/19
Lined Paper Products A-570-901................... 9/1/18-8/31/19
Magnesia Carbon Bricks A-570-954................. 9/1/18-8/31/19
Narrow Woven Ribbons With Woven Selvedge A-570- 9/1/18-8/31/19
952.............................................
New Pneumatic Off-the-Road Tires A-570-912....... 9/1/18-2/3/19
Raw Flexible Magnets A-570-922................... 9/1/18-8/31/19
Steel Concrete Reinforcing Bars A-570-860........ 9/1/18--8/31/19
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel 9/1/18-8/31/19
Pipes and Tubes A-489-824.......................
Oil Country Tubular Goods A-489-816.............. 9/1/18-8/31/19
UKRAINE:
Steel Concrete Reinforcing Bars A-823-809........ 9/1/18-8/31/19
UNITED KINGDOM:
Cold-Rolled Steel Flat Products A-412-824........ 9/1/18-8/31/19
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Countervailing Duty Proceedings
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BRAZIL:
Cold-Rolled Steel Flat Products C-351-844........ 1/1/18-12/31/18
INDIA:
Cold-Rolled Steel Flat Products C-533-866........ 1/1/18-12/31/18
Lined Paper Products C-533-844................... 1/1/18-12/31/18
Oil Country Tubular Goods C-533-858.............. 1/1/18-12/31/18
REPUBLIC OF KOREA:
Cold-Rolled Steel Flat Products C-580-882........ 1/1/18-12/31/18
THE PEOPLE'S REPUBLIC OF CHINA:
Kitchen Appliance Shelving and Racks C-570-942... 1/1/18-12/31/18
Magnesia Carbon Bricks C-570-955................. 1/1/18-12/31/18
Narrow Woven Ribbons With Woven Selvedge C-570- 1/1/18-12/31/18
953.............................................
Raw Flexible Magnets C-570-923................... 1/1/18-12/31/18
TURKEY:
Heavy Walled Rectangular Welded Carbon Steel 1/1/18-12/31/18
Pipes and Tubes C-489-825.......................
Oil Country Tubular Goods C-489-817.............. 1/1/18-12/31/18
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Suspension Agreements
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None.................................................
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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
[[Page 45952]]
merchandise subject to antidumping findings and orders.\3\
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\3\ 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.\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 website
at http://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.
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\6\ 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 the last day of September 2019. If Commerce does not receive, by the
last day of September 2019, 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.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: August 19, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-18936 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-DS-P
