2023-26722. Initiation of Antidumping and Countervailing Duty Administrative Reviews

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with October anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

DATES:

Applicable December 6, 2023.

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: [phone].

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 with October 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.

Respondent Selection

In the event that 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 (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 35 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 that Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Tariff Act of 1930, as amended (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 AD 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.

Notice of No Sales

With respect to AD administrative reviews, we intend to rescind the review where there are no suspended entries for a company or entity under review and/or where there are no suspended entries under the company-specific case number for that company or entity. Where there may be suspended entries, if a producer or exporter named in this notice of initiation had no exports, sales, or entries during the POR, it may notify Commerce of this fact within 30 days of publication of this notice in the Federal Register for Commerce to consider how to treat suspended entries under that producer's or exporter's company-specific case number.

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.^[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 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 AD 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://access.trade.gov/​Resources/​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. The deadline and requirement for submitting a Separate Rate 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 Application will be available on Commerce's website at https://access.trade.gov/​Resources/​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.

Exporters and producers must file a timely Separate Rate Application or Certification if they want to be considered for individual examination. Furthermore, exporters and producers who submit a Separate Rate Application or Certification and subsequently are selected as mandatory respondents 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 October 31, 2024.

	Period to be reviewed
AD Proceedings
INDIA: Stainless Steel Flanges, A–533–877	10/1/22–9/30/23
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited; Viraj Impoexpo, Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Limited 4
CD Industries; Kisaan Engineering Works Pvt. Ltd.
Chandan Steel Limited
Echjay Forgings Private Limited
Fivebros Forgings Private Limited
Goodluck India Limited; Goodluck Engineering Co.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd
Jay Jagdamba Limited
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Profile Private Limited
Kisaan Die Tech Private Limited
Pradeep Metals Limited
R.N. Gupta & Company Limited
Shree Jay Jagdamba Flanges Private Limited
JAPAN: Hot-Rolled Steel Flat Products, A–588–874	10/1/22–9/30/23
JFE Shoji Corporation
JFE Shoji Trade America
JFE Shoji Trade Corporation
JFE Steel Corporation
Nippon Steel & Sumikin Bussan Corporation
Nippon Steel & Sumikin Logistics Co., Ltd.
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel Corporation
Nippon Steel Trading Corporation (formerly Nippon Steel & Sumikin Bussan Corporation)
Tokyo Steel Manufacturing Co., Ltd.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830	10/1/22–9/30/23
ArcelorMittal Mexico, S.A. de C.V.
Comercializadora Eloro S.A.
Deacero S.A. de C.V.; Deacero S.A.P.I. de C.V.
Deacero Summit S.A.P.I. de C.V.
Grupo Villacero S.A. de C.V.
Ingeteknos Estructurales S.A.
TA 2000 S.A. de C.V.
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V.
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A–580–883	10/1/22–9/30/23
Aekyung Chemical
AJU Besteel Co., Ltd.
Ameri Source Korea
Chemaven Co., Ltd.
Cj Cheiljedang Corp.
Cj Global Logistics Service Inc.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Geco Industries Co., Ltd.
Geumok Tech. Co., Ltd.
Goi Tech Industries Co., Ltd.
Golden State Corporation
Gs Global Corp.
Gs Holdings Corp.
Hanawell Co., Ltd.
Hanjin Gls Co., Ltd.
Hankook Co., Ltd.
HISTEEL
Hyosung Corporation
Hyosung Tnc Corporation
Hyundai Glovis Co., Ltd.
Hyundai Rb Co., Ltd.
Hyundai Steel Company
Il Jin Nts Co., Ltd.
Inchang Electronics Co., Ltd.
J&K Korea Co., Ltd.
Jeil Industries Co., Ltd.
Jeil Metal Co., Ltd.
Jin Young Metal
Jun Il Co., Ltd.
KG Dongbu Steel Co., Ltd.
KG Steel Corporation
Kumkang Kind Co., Ltd.
Lg Electronics Inc.
Maxflex Corp.
Mitsubishi Corp. Korea
Mitsui Chemicals & Skc Polyurethane
Nexteel Co., Ltd.
POSCO
POSCO International Corporation
Samsung Electronics Co., Ltd.
SeAH Steel Corporation
Sja Inc. (Korea)
Solvay Silica Korea
Soon Ho Co., Ltd.
Sumitomo Corp. Korea Ltd.
Sungjin Precision
Wintec Korea Inc.
Wonbangtech Co., Ltd.
TAIWAN: Corrosion-Resistant Steel Products, A–583–856	7/1/22–6/30/23
Yieh Phui Enterprise Co., Ltd.5
THAILAND: Passenger Vehicle and Light Truck Tires,6 A–549–842	7/1/22–6/30/23
Bridgestone Company
Bridgestone Corporation
Bridgestone Tire Manufacturing
Thai Bridgestone Co.
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A–421–813	10/1/22–9/30/23
Tata Steel Ijmuiden BV
CVD Proceedings
INDIA: Stainless Steel Flanges, C–533–878	1/1/22–12/31/22
BFN Forgings Private Limited
Chandan Steel Limited
Fivebros Forgings Private Limited
Hilton Metal Forging Limited
Kisaan Die Tech Pvt Ltd.
Pradeep Metals Limited
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C–580–884	1/1/22–12/31/22
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company 7
JFE Shoji Trade Korea Ltd.
POSCO
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation
POSCO International Corporation
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
SPAIN: Ripe Olives,8 C–469–818	1/1/22–12/31/22
Suspension Agreements
ARGENTINA: Lemon Juice, A–357–818	10/1/22–9/30/23

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 ADs 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 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,^[9] available at https://www.govinfo.gov/​content/​pkg/​FR-2013-07-17/​pdf/​2013-17045.pdf, prior to submitting factual information in this segment. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).^[10]

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.^[11] Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements.

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.^[12] 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.

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: November 30, 2023.

James Maeder,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.   See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015).

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.

4.  Commerce has previously found BFN Forgings Private Limited to be part of the collapsed entity noted above. See, e.g., Stainless Steel Flanges from India: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstance Determination,83 FR 40745 (August 16, 2018).

5.  In the Initiation Notice for orders with July anniversary months ( Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) ( July Order Initiation Notice)), Commerce inadvertently initiated a review of Yieh Phui Enterprise Co., Ltd., though this company is excluded from the order. See Corrosion-Resistant Steel Products from Taiwan: Notice of Third Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision and Partial Exclusion from Antidumping Duty Order,88 FR 58245 (August 25, 2023). Thus, with this initiation notice, we are correcting the July Order Initiation Notice and are not conducting an administrative review of Yieh Phui Enterprise Co., Ltd. for the July 1, 2022, through June 30, 2023 period of review.

6.  The companies listed below were inadvertently not included in the July Order Initiation Notice.

7.  This company may also be referred to as “Hyundai Steel Co., Ltd.”

8.  In the initiation notice for orders with August anniversary months ( Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023), Commerce inadvertently listed “Camacho S.L.” as being subject to the calendar year 2022 CVD administrative review of Ripe Olives from Spain.

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 https://enforcement.trade.gov/​tlei/​notices/​factual_​info_​final_​rule_​FAQ_​07172013.pdf.

10.   Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule,88 FR 67069 (September 29, 2023).

11.   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.

12.   See19 CFR 351.302.