Initiation of Antidumping and Countervailing Duty Administrative Reviews
Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
Federal Register Volume 83, Number 52 (Friday, March 16, 2018)
Notices
Pages 11685-11690
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-05372
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative Reviews
AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.
DATES: Applicable March 16, 2018.
Page 11686
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
Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates.
All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time.
Notice of No Sales
If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.\1\ Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce's service list.
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\1\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).
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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 (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 place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments five days after the deadline for the initial comments.
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 has found that determinations concerning whether particular companies should be ``collapsed'' (e.g., 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 this 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 (e.g., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this 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 the Quantity and Value (Q&V) 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 this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted.
Respondent Selection--Wooden Bedroom Furniture From China
In the event that Commerce limits the number of respondents for individual examination in the antidumping duty administrative review of wooden bedroom furniture from China, for the purposes of this segment of the proceeding, i.e., the 2017 review period, Commerce intends to select respondents based on volume data contained in responses to a Q&V questionnaire. All parties are hereby notified that they must timely respond to the Q&V questionnaire. Commerce's Q&V questionnaire along with certain additional questions will be available in a document package on Commerce's website at http://enforcement.trade.gov/download/prc-wbf/index.html on the date this notice is published. The responses to the Q&V questionnaire should be filed with the respondents' Separate Rate Application or Separate Rate Certification (see the `Separate Rates' section below) and their response to the additional questions and must be received by Commerce by no later than 30 days after publication of this notice. Please be advised that due to the time constraints imposed by the statutory and regulatory deadlines for antidumping duty administrative reviews, Commerce does not intend to grant any extensions for the submission of responses to the Q&V questionnaire.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested 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. In order to provide parties additional certainty with respect to when Commerce will exercise its discretion to extend this 90-day deadline, interested parties are advised that Commerce does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis.
Separate Rates
In proceedings involving non-market economy (NME) countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is Commerce's policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
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government control of its export activities to be entitled to a separate rate, Commerce analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, Commerce assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.
All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below. In addition, all firms that wish to qualify for separate-rate status in the antidumping duty administrative review of wooden bedroom furniture from China must complete, as appropriate, either a separate-rate certification or application, as described below, and respond to the additional questions and the Q&V questionnaire on Commerce's website at https://enforcement.trade.gov/download/prc-wbf/index.html. For these administrative reviews, in order to demonstrate separate rate eligibility, Commerce requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the ``Instructions for Filing the Certification'' in the Separate Rate Certification. Separate Rate Certifications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. For the antidumping duty administrative review of wooden bedroom furniture from China, Separate Rate Certifications, as well as a response to the Q&V questionnaire and the additional questions in the document package, are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.
Entities that currently do not have a separate rate from a completed segment of the proceeding \2\ should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,\3\ should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Status Application will be available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Status Application, refer to the instructions contained in the application. Separate Rate Status Applications are due to Commerce no later than 30 calendar days of publication of this Federal Register notice. For the antidumping duty administrative review of wooden bedroom furniture from China, Separate Rate Status Applications, as well as a response to the Q&V questionnaire and the additional questions in the document package, are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Status Application applies equally to NME-
owned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.
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\2\ Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.
\3\ Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.
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For exporters and producers who submit a separate-rate status application or certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.
Furthermore, this notice constitutes public notification to all firms for which an antidumping duty administrative review of wooden bedroom furniture from China has been requested, and that are seeking separate rate status in the review, that they must submit a timely separate rate application or certification (as appropriate) as described above, and a timely response to the Q&V questionnaire and the additional questions in the document package on Commerce's website in order to receive consideration for separate-rate status. In other words, Commerce will not give consideration to any timely separate rate certification or application made by parties who failed to respond in a timely manner to the Q&V questionnaire and the additional questions. All information submitted by respondents in the antidumping duty administrative review of wooden bedroom furniture from China is subject to verification. As noted above, the separate rate certification, the separate rate application, the Q&V questionnaire, and the additional questions will be available on Commerce's website on the date of publication of this notice in the Federal Register.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than January 31, 2019.
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\4\ The company name listed above was inadvertently misspelled in the initiation notice that published on January 11, 2018 (83 FR 1329). The correct spelling of the company is listed in this notice.
\5\ In the initiation notice that published on February 23, 2018 (83 FR 8058) the company name listed above was incorrectly spelled as ``BDP Interntional, Inc.'' The company name listed above reflects the correct spelling.
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Antidumping duty proceedings Period to be reviewed
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INDIA: Welded Stainless Pressure Pipe,\4\ A-533- 5/10/16-10/31/17
867...........................................
Quality Stainless Pvt. Ltd.
REPUBLIC OF KOREA: Welded Line Pipe, A-580-876. 12/1/16-11/30/17
BDP International, Inc.\5\
Page 11688
THE PEOPLE'S REPUBLIC OF CHINA: Potassium 1/1/17-12/31/17
Permanganate, A-570-001.......................
Chongqing Changyuan Group Limited.
Pacific Accelerator Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Wooden Bedroom 1/1/17-12/31/17
Furniture, A-570-890..........................
Decca Furniture Ltd.
Dongguan Chengcheng Furniture Co., Ltd.
Dongguan Kingstone Furniture Co., Ltd.,
Kingstone Furniture Co., Ltd.
Dongguan Mu Si Furniture Co., Ltd.
Dongguan Nova Furniture Co., Ltd.
Dongguan Singways Furniture Co., Ltd.
Dongguan Sunrise Furniture Co., Ltd.,
Taicang Sunrise Wood Industry Co., Ltd.,
Taicang
Fairmount Designs Furniture Co., Ltd.,
Meizhou Sunrise Furniture Co., Ltd.
Dongguan Sunrise Furniture Co., Taicang
Sunrise Wood Industry Co., Ltd.
Shanghai Sunrise Furniture Co. Ltd.,
Fairmont Designs.
Dongguan Sunshine Furniture Co., Ltd.
Dongguan Yujia Furniture Co., Ltd.
Dongguan Zhisheng Furniture Co., Ltd.
Dorbest Ltd., Rui Feng Woodwork Co., Ltd.
AKA Rui Feng Woodwork (Dongguan) Co.,
Ltd., Rui Feng Lumber Development Co.,
Ltd. AKA Rui Feng Lumber Development
(Shenzhen) Co., Ltd.
Dream Rooms Furniture (Shanghai) Co. Ltd.
Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.
Fleetwood Fine Furniture LP.
Fortune Furniture Ltd., Dongguan Fortune
Furniture Ltd.
Fujian Lianfu Forestry Co., Ltd. (Aka
Fujian Wonder Pacific, Inc.).
Fuzhou Huan Mei Furniture Co., Ltd.
Golden Well International (HK) Ltd.
Guangdong New Four Seas Furniture
Manufacturing Ltd.
Guangzhou Lucky Furniture Co., Ltd.
Guangzhou Maria Yee Furnishings Ltd., Pyla
Hk Ltd., Maria Yee, Inc.
Hang Hai Woodcrafts Art Factory.
Jiangmen Kinwai Furniture Decoration Co.,
Ltd.
Jiangmen Kinwai International Furniture
Co., Ltd.
Jiangsu Dare Furniture Co., Ltd.
Jiangsu Xiangsheng Bedtime Furniture Co.,
Ltd.
Jiangsu Yuexing Furniture Group Co., Ltd.
Jiashan Zhenxuan Furniture Co., Ltd.
Jiedong Lehouse Furniture Co., Ltd.
King's Way Furniture Industries Co., Ltd.,
Kingsyear Ltd.
Kunshan Summit Furniture Co., Ltd.
Nanhai Jiantai Woodwork Co., Ltd., Fortune
Glory Industrial Ltd. (H.K. Ltd.).
Nantong Wangzhuang Furniture Co. Ltd.
Nantong Yangzi Furniture Co., Ltd.
Nathan International Ltd., Nathan Rattan
Factory.
Perfect Line Furniture Co., Ltd.
Putian Jinggong Furniture Co., Ltd.
Qingdao Beiyuan Shengli Furniture Co.,
Ltd., Qingdao Beiyuan Industry Trading
Co., Ltd.
Qingdao Liangmu Co., Ltd.
Restonic (Dongguan) Furniture Ltd.,
Restonic Far East (Samoa) Ltd.
Rizhao Sanmu Woodworking Co., Ltd.
Shanghai Jian Pu Export & Import Co., Ltd.
Shanghai Maoji Imp and Exp Co., Ltd.
Shenyang Shining Dongxing Furniture Co.,
Ltd.
Shenzhen Diamond Furniture Co., Ltd.
Shenzhen Forest Furniture Co., Ltd.
Shenzhen Jiafa High Grade Furniture Co.,
Ltd., Golden Lion International Trading
Ltd.
Shenzhen New Fudu Furniture Co., Ltd.
Shenzhen Wonderful Furniture Co., Ltd.
Shenzhen Xingli Furniture Co., Ltd.
Shing Mark Enterprise Co., Ltd., Carven
Industries Ltd. (BVI), Carven Industries
Ltd. (HK), Dongguan Zhenxin Furniture Co.,
Ltd., Dongguan Yongpeng Furniture Co.,
Ltd.
Songgang Jasonwood Furniture Factory,
Jasonwood Industrial Co., Ltd. S.A.
Sunforce Furniture (Hui-Yang) Co., Ltd.,
Sun Fung Wooden Factory, Sun Fung Company,
Shin Feng Furniture Co., Ltd., Stupendous
International Co., Ltd.
Superwood Co., Ltd., Lianjiang Zongyu Art
Products Co., Ltd.
Techniwood Industries Ltd., Ningbo
Furniture Industries Ltd., Ningbo Hengrun
Furniture Co., Ltd.
Tradewinds Furniture Ltd., Fortune Glory
Industrial Ltd. (H.K. Ltd.).
Tube-Smith Enterprise (Zhangzhou) Co.,
Ltd., Tube-Smith Enterprise (Haimen) Co.,
Ltd., Billonworth Enterprises Ltd.
Weimei Furniture Co., Ltd.
Wuxi Yushea Furniture Co., Ltd.
Xiamen Yongquan Sci-Tech Development Co.,
Ltd.
Xilinmen Group Co. Ltd.
Yeh Brothers World Trade Inc.
Yihua Lifestyle Technology Co., Ltd.
Page 11689
Yihua Timber Industry Co., Ltd., Guangdong
Yihua Timber Industry Co., Ltd.
Zhangjiagang Daye Hotel Furniture Co., Ltd.
Zhangjiagang Zheng Yan Decoration Co., Ltd.
Zhangzhou Guohui Industrial & Trade Co.,
Ltd.
Zhejiang Tianyi Scientific & Educational
Equipment Co., Ltd.
Zhong Shan Fullwin Furniture Co., Ltd.
Zhongshan Fookyik Furniture Co., Ltd.
Zhongshan Golden King Furniture Industrial
Co., Ltd.
Zhoushan For-Strong Wood Co., Ltd.
Countervailing Duty Proceedings
INDIA: Welded Stainless Pressure Pipe,\6\ C-533- 3/11/16-12/31/16
868...........................................
Hindustan Inox Ltd.
THE PEOPLE'S REPUBLIC OF CHINA: Certain Oil 1/1/17-12/31/17
Country Tubular Goods, C-570-944..............
Anhui Tianda Oil Pipe Company Limited.
Doright Co., Ltd.
DSC Pipes and Tubes Private Limited.
Hainan Standard Stone Co., Ltd.
Hengyang Hongda Special Steel Tube Co. Ltd.
Hengyang Steel Tube Group International
Trading Inc.
Hubei Xingegang Steel Co., Ltd.
Jiangsu Chengde Steel Tube Co., Ltd.
Jiangyi City Changlongde.
Shanghai Jianeng Luggage Co., Ltd.
Tianjn Pipe International Economic &
Trading Corporation.
Wuxi Seamless Oil Pipe Co., Ltd.
Wuxi Zhenda Special Steel Tube
Manufacturing Co., Ltd.
Yangzhou Chengde Steel Pipe Co., Ltd.
Yangzhou Lontrin Steel Tube Co., Ltd.
Zhejiang Gross Seamless Tube Co., Ltd.
Zhejiang Xinghe Group.
Suspension Agreements
MEXICO: Sugar,\7\ C-201-846 1/1/17-12/31/17
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Duty Absorption Reviews
During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.
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\6\ This company was inadvertently omitted from the initiation notice that published on January 11, 2018 (83 FR 1329). Further, the initiation notice that published on February 23, 2018 (83 FR 8058) incorrectly listed Quality Stainless Pvt. Ltd. under this case number.
\7\ In the initiation notice that published on February 23, 2018 (83 FR 8058) the POR for the above referenced case was incorrect. The period listed above is the correct POR for this case.
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Gap Period Liquidation
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 POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce's regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce's regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.
Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness
Page 11690
of that information.\8\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.\9\ Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements.
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\8\ See section 782(b) of the Act.
\9\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. See 19 CFR 351.302. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: March 12, 2018.
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. 2018-05372 Filed 3-15-18; 8:45 am
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