Initiation of Antidumping and Countervailing Duty Administrative Reviews

CourtCommerce Department,International Trade Administration
Citation85 FR 47731
Record Number2020-17205
SectionNotices
Published date06 August 2020
Federal Register, Volume 85 Issue 152 (Thursday, August 6, 2020)
[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
                [Notices]
                [Pages 47731-47737]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-17205]
                -----------------------------------------------------------------------
                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 duty (AD) and
                countervailing duty (CVD) orders and findings with June anniversary
                dates. In accordance with Commerce's regulations, we are initiating
                those administrative reviews.
                DATES: Applicable August 6, 2020.
                FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, 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 AD and CVD orders and
                findings with June 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
                https://access.trade.gov in accordance
                [[Page 47732]]
                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.
                ---------------------------------------------------------------------------
                 \1\ See Antidumping and Countervailing Duty Proceedings:
                Electronic Filing Procedures; Administrative Protective Order
                Procedures, 76 FR 39263 (July 6, 2011).
                ---------------------------------------------------------------------------
                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 POR. 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
                within 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 within 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, the following guidelines regarding
                collapsing of companies for purposes of respondent selection will
                apply. 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 AD 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.
                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. 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 a particular market situation (PMS)
                for purposes of constructed value under section 773(e) of the Act.\2\
                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.
                ---------------------------------------------------------------------------
                 \2\ See Trade Preferences Extension Act of 2015, Pub. L. 114-27,
                129 Stat. 362 (2015).
                ---------------------------------------------------------------------------
                 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 responses to
                section D of the questionnaire.
                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
                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. 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 https://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
                [[Page 47733]]
                ``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. 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 \3\ 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,\4\ should timely file a Separate Rate
                Application to demonstrate eligibility for a separate rate in this
                proceeding. The Separate Rate Application will be available on
                Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice.
                In responding to the Separate Rate Application, refer to the
                instructions contained in the application. Separate Rate Applications
                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 Application applies equally to NME-owned
                firms, wholly foreign-owned firms, and foreign sellers that purchase
                and export subject merchandise to the United States.
                ---------------------------------------------------------------------------
                 \3\ 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.
                 \4\ 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.
                ---------------------------------------------------------------------------
                 For exporters and producers who submit a Separate Rate 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.
                Initiation of Reviews
                 In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
                administrative reviews of the following AD and CVD orders and findings.
                We intend to issue the final results of these reviews not later than
                June 30, 2021.
                ---------------------------------------------------------------------------
                 \5\ Commerce is only reviewing entries that were produced, but
                not exported, by Goodluck India Limited (Goodluck), and/or entries
                that were exported, but not produced, by Goodluck. Pursuant to a
                Court of International Trade decision, effective May 10, 2020,
                Commerce excluded from the antidumping duty order certain cold-drawn
                mechanical tubing of cargon and allowy steel that was produced and
                exported by Goodluck. See Certain Cold-Drawn Mechanical Tubing of
                Carbon and Alloy Steel from India: Notice of Court Decision Not in
                Harmony With Final Determination of Sales at Less Than Fair Value;
                Notice of Amended Final Determination Pursuant to Court Decision;
                and Notice of Revocation of Antidumping Duty Order, in Part, 85 FR
                31742 (May 27, 2020).
                ---------------------------------------------------------------------------
                [[Page 47734]]
                [GRAPHIC] [TIFF OMITTED] TN06AU20.001
                [[Page 47735]]
                [GRAPHIC] [TIFF OMITTED] TN06AU20.002
                [[Page 47736]]
                [GRAPHIC] [TIFF OMITTED] TN06AU20.003
                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 AD 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), Commerce, 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 AD
                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.
                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 ``gap'' period of the order (i.e., the
                period following the expiry of provisional measures and before
                definitive measures were put into
                [[Page 47737]]
                place), 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,6 available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
                submitting factual information in this segment. Note that Commerce has
                temporarily modified certain of its requirements for serving documents
                containing business proprietary information, until further notice.\7\
                ---------------------------------------------------------------------------
                 \6\ 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
                https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
                 \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
                to COVID-19, 85 FR 41363 (July 10, 2020).
                ---------------------------------------------------------------------------
                 Any party submitting factual information in an AD or CVD proceeding
                must certify to the accuracy and completeness of that information using
                the formats provided at the end of the Final Rule.8 Commerce
                intends to reject factual submissions in any proceeding segments if the
                submitting party does not comply with applicable certification
                requirements.
                ---------------------------------------------------------------------------
                 \8\ See section 782(b) of the Act; see also Final Rule; and the
                frequently asked questions regarding the Final Rule, available at
                https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
                ---------------------------------------------------------------------------
                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
                Commerce.\9\ 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 CBP
                data; and (5) Q&V 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 policy 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. Please review the Final Rule,
                available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
                ---------------------------------------------------------------------------
                 \9\ See 19 CFR 351.302.
                ---------------------------------------------------------------------------
                 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: August 3, 2020.
                James Maeder,
                Deputy Assistant Secretary for Antidumping and Countervailing Duty
                Operations.
                [FR Doc. 2020-17205 Filed 8-5-20; 8:45 am]
                BILLING CODE 3510-DS-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT