Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
| Published date | 01 October 2020 |
| Record Number | 2020-21728 |
| Section | Notices |
| Court | International Trade Administration |
61926
Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
L
IST OF
P
ETITIONS
R
ECEIVED BY
EDA
FOR
C
ERTIFICATION OF
E
LIGIBILITY
T
O
A
PPLY FOR
T
RADE
A
DJUSTMENT
A
SSISTANCE
—Continued
[9/19/2020 through 9/24/2020]
Firm name Firm address Date accepted for investigation Product(s)
SylvanSport, LLC ........................... 235 Commerce Street, Brevard,
NC 28712. 9/22/2020 ...................................... The firm manufactures personal
trailers for camping and haul-
ing.
MPP Corporation ........................... 82 Airport Drive, Kimball, MI
48074. 9/24/2020 ...................................... The firm manufactures plastic in-
jection molds and tooling.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2020–21744 Filed 9–30–20; 8:45 am]
BILLING CODE 3510–WH–P
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.
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
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
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.
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
1
See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
2
Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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.
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 October
2020,
2
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
October for the following periods:
Period
Antidumping Duty Proceedings
Australia:
Hot-Rolled Steel Flat Products A–602–809 ........................................................................................................................... 10/1/19–9/30/20
Brazil:
Carbon and Certain Alloy Steel Wire Rod A–351–832 .......................................................................................................... 10/1/19–9/30/20
Hot-Rolled Steel Flat ProductsA–351–845 ............................................................................................................................ 10/1/19–9/30/20
India: Stainless Steel Flanges A–533–877 ................................................................................................................................... 10/1/19–9/30/20
Indonesia: Carbon and Certain Alloy Steel Wire Rod A–560–815 ............................................................................................... 10/1/19–9/30/20
Italy: Pressure Sensitive Plastic TapeA–475–059 ........................................................................................................................ 10/1/19–9/30/20
Japan: Hot-Rolled Steel Flat ProductsA–588–874 ........................................................................................................................ 10/1/19–9/30/20
Mexico:
Carbon and Certain Alloy Steel Wire Rod A–201–830 .......................................................................................................... 10/1/19–9/30/20
Refillable Stainless Flanges A–201–849 ................................................................................................................................ 10/9/19–9/30/20
Moldova: Carbon and Certain Alloy Steel Wire Rod A–841–805 ................................................................................................. 10/1/19–9/30/20
Republic of Korea: Hot-Rolled Steel Flat Products A–580–883 ................................................................................................... 10/1/19–9/30/20
Taiwan: Steel Concrete Reinforcing BarA–583–859 ..................................................................................................................... 10/1/19–9/30/20
Thailand: Glycine A–549–837 ....................................................................................................................................................... 8/5/19–9/30/20
The Netherlands: Hot-Rolled Steel Flat Products A–421–813 ..................................................................................................... 10/1/19–9/30/20
The People’s Republic of China:
Barium Carbonate A–570–880 ............................................................................................................................................... 10/1/19–9/30/20
Barium Chloride A–570–007 .................................................................................................................................................. 10/1/19–9/30/20
Boltless Steel Shelving Units Prepackaged For Sale A–570–018 ........................................................................................ 10/1/19–9/30/20
Electrolytic Manganese DioxideA–570–919 ........................................................................................................................... 10/1/19–9/30/20
Helical Spring Lock WashersA–570–822 ............................................................................................................................... 10/1/19–9/30/20
Polyvinyl AlcoholA–570–879 .................................................................................................................................................. 10/1/19–9/30/20
Steel Wire Garment HangersA–570–918 ............................................................................................................................... 10/1/19–9/30/20
Trindad and Tobago: Carbon and Certain Alloy Steel Wire Rod A–274–804 .............................................................................. 10/1/19–9/30/20
Turkey: Hot-Rolled Steel Flat ProductsA–489–826 ...................................................................................................................... 10/1/19–9/30/20
United Kingdom: Hot-Rolled Steel Flat Products A–412–825 ...................................................................................................... 10/1/19–9/30/20
Countervailing Duty Proceedings
Brazil:
Carbon and Certain Alloy Steel Wire Rod C–351–833 ......................................................................................................... 1/1/19–12/31/19
Hot-Rolled Steel Flat Products C–351–846 ........................................................................................................................... 1/1/19–12/31/19
India: Stainless Steel Flanges C–533–878 ................................................................................................................................... 1/1/19 –12/31/19
Iran: Roasted In Shell Pistachios C–507- 601 .............................................................................................................................. 1/1/19–12/31/19
Republic of Korea: Certain Hot-Rolled Steel Flat Products C–580–884 ...................................................................................... 1/1/19–12/31/19
The Poeple’s Republic of China: Boltless Steel Shelving Units Prepackaged For Sale C–570–019 .......................................... 1/1/19–12/31/19
Suspension Agreements
Argentina: Lemon Juice A–357–818 .............................................................................................................................................
10/1/19–9/30/20.
Russia: Uranium A–821–802 ......................................................................................................................................................... 10/1/19–9/30/20
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
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3
See the Enforcement and Compliance website at
https://legacy.trade.gov/enforcement/.
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.
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, 85 FR 41363 (July
10, 2020).
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
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.
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
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
October 2020. If Commerce does not
receive, by the last day of October 2020,
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: September 18, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–21728 Filed 9–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) is
automatically initiating the five-year
reviews (Sunset Reviews) of the
antidumping and countervailing duty
(AD/CVD) order(s) listed below. The
International Trade Commission (the
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews which covers the
same order(s).
DATES
: Applicable (October 1, 2020).
FOR FURTHER INFORMATION CONTACT
:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION
:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting Five-
Year (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
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