E9-28773. Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

FOR FURTHER INFORMATION CONTACT:

Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: [phone].

Background

Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of 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 of the Department of Commerce's (“the Department”) regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.

Respondent Selection

In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports during the period of review (“POR”). 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 20 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. The Department invites comments regarding the CBP data and respondent selection within 10 calendar days of publication of the initiation Federal Register notice.

Opportunity to Request a Review: Not later than the last day of December 2009,^[1] interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in December for the following periods:

Antidumping Duty Proceedings	Period
ARGENTINA: Honey, A-357-812	12/1/08-11/30/09
BRAZIL: Certain Carbon Steel Butt-Weld Pipe Fittings, A-351-602	12/1/08-11/30/09
BRAZIL: Silicomanganese, A-351-824	12/1/08-11/30/09
CHILE: Certain Preserved Mushrooms, A-337-804	12/1/08-11/30/09
INDIA: Carbazole Violet Pigment 23, A-533-838	12/1/08-11/30/09
INDIA: Certain Hot-Rolled Carbon Steel Flat Products, A-533-820	12/1/08-11/30/09
INDIA: Stainless Steel Wire Rod, A-533-808	12/1/08-11/30/09
INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, A-560-812	12/1/08-11/30/09
JAPAN: High and Ultra-High Voltage Ceramic Station Post Insulators, A-588-862	12/1/08-12/29/08
JAPAN: Polychloroprene Rubber, A-588-046	12/1/08-11/30/09
JAPAN: P.C. Steel Wire Strand, A-588-068	12/1/08-11/30/09
JAPAN: Superalloy Degassed Chromium, A-588-866	12/1/08-11/30/09
JAPAN: Welded Large Diameter Line Pipe, A-588-857	12/1/08-11/30/09
REPUBLIC OF KOREA: Welded ASTM A-312 Stainless Steel Pipe, A-580-810	12/1/08-11/30/09
SOCIALIST REPUBLIC OF VIETNAM: Uncovered Innerspring Units, A-552-803	8/6/08-11/30/09
SOUTH AFRICA: Uncovered Innerspring Units, A-791-821	8/6/08-11/30/09
TAIWAN: Carbon Steel Butt-Weld Pipe Fittings, A-583-605	12/1/08-11/30/09
TAIWAN: Porcelain-On-Steel Cooking Ware, A-583-508	12/1/08-11/30/09
TAIWAN: Welded ASTM A-312 Stainless Steel Pipe, A-583-815	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Carbazole Violet Pigment 23, A-570-892	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Cased Pencils, A-570-827	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Hand Trucks and Parts Thereof, A-570-891	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Honey, A-570-863	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Malleable Cast Iron Pipe Fittings, A-570-881	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Porcelain-on-Steel Cooking Ware, A-570-506	12/1/08-11/30/09
THE PEOPLE'S REPUBLIC OF CHINA: Silicomanganese, A-570-828	12/1/08-11/30/09

Countervailing Duty Proceedings	Period
ARGENTINA: Honey, C-357-813	1/1/09-12/31/09
INDIA: Carbazole Violet Pigment 23, C-533-839	1/1/08-12/31/08
INDIA: Certain Hot-Rolled Carbon Steel Flat Products, C-533-821	1/1/09-12/31/09
INDONESIA: Certain Hot-Rolled Carbon Steel Flat Products, C-560-813	1/1/08-12/31/08
THAILAND: Certain Hot-Rolled Carbon Steel Flat Products, C-549-818	1/1/08-12/31/08

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.^[2] 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 were 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.

Please note that, for any party the Department was unable to locate in prior segments, the Department 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), the Department has 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. See also the Import Administration Web site at http://ia.ita.doc.gov.

Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Duty Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy of each request must be served on every party on the Department's service list.

The Department 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 December 2009. If the Department does not receive, by the last day of December 2009, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct the CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) 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 POR.

This notice is not required by statute but is published as a service to the international trading community.

Dated: November 23, 2009.

John M. Andersen,

Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.  Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

2.  If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non-market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part.