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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (“the Department”) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
DATES:
Effective Date: May 29, 2014.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Background
The Department 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 April anniversary dates.
All deadlines for the submission of various types of information, certifications, or comments or actions by the Department 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 the Department within 60 days of publication of this notice in the Federal Register. All submissions must be filed electronically at http://iaaccess.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 (“Act”). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department's service list.
Respondent Selection
In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (“APO”) to all parties having an APO within seven days of publication of this initiation notice and to make our decision regarding respondent selection within 21 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the applicable review. Rebuttal comments will be due five days after submission of initial comments.
In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act:
In general, the Department has found 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, the Department 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 (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department 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 the Department 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 the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that the Department 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 the Department 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, the Department 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 the Department's policy to assign all exporters of merchandise subject to an administrative review in an NME Start Printed Page 30810country 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, the Department analyzes each entity exporting the subject merchandise under a test arising from the Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 1991), as amplified by Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China, 59 FR 22585 (May 2, 1994). In accordance with the separate rates criteria, the Department 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, the Department 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 the Department's Web site 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 the Department no later than 60 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 the Department's Web site 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 the Department no later than 60 calendar days of 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.
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.
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 April 30, 2015.
Period to be reviewed Antidumping Duty Proceedings Russia: Solid Fertilizer-Grade Ammonium Nitrate A-821-811 4/1/13-3/31/14 JSC Acron/JSC Dorogobuzh. OJSC MCC EuroChem/Nevinnomyssky Azot, OJSC. Novomoskovskiy Azot, OJSC. The People's Republic of China: Certain Activated Carbon A-570-904 4/1/13-3/31/14 AmeriAsia Advanced Activated Carbon Products Co., Ltd Anhui Handfull International Trading (Group) Co., Ltd Anhui Hengyuan Trade Co. Ltd Anyang Sino-Shon International Trading Co., Ltd Baoding Activated Carbon Factory Beijing Broad Activated Carbon Co., Ltd Beijing Haijian Jiechang Environmental Protection Chemicals Beijing Hibridge Trading Co., Ltd Beijing Pacific Activated Carbon Products Co., Ltd Bengbu Jiutong Trade Co. Ltd Calgon Carbon (Tianjin) Co., Ltd Carbon Activated Tianjin Co., Ltd Changji Hongke Activated Carbon Co., Ltd Chengde Jiayu Activated Carbon Factory Cherishmet Incorporated China National Building Materials and Equipment Import and Export Corp. Start Printed Page 30811 China National Nuclear General Company Ningxia Activated Carbon Factory China Nuclear Ningxia Activated Carbon Plant Da Neng Zheng Da Activated Carbon Co., Ltd Datong Carbon Corporation Datong Changtai Activated Carbon Co., Ltd Datong City Zuoyun County Activated Carbon Co., Ltd Datong Fenghua Activated Carbon Datong Forward Activated Carbon Co., Ltd Datong Fuping Activated Carbon Co. Ltd Datong Guanghua Activated Co., Ltd Datong Hongtai Activated Carbon Co., Ltd Datong Huanqing Activated Carbon Co., Ltd Datong Huaxin Activated Carbon Datong Huibao Active Carbon Co., Ltd Datong Huibao Activated Carbon Co., Ltd Datong Huiyuan Cooperative Activated Carbon Plant Datong Juqiang Activated Carbon Co., Ltd Datong Kaneng Carbon Co. Ltd Datong Locomotive Coal & Chemicals Co., Ltd Datong Municipal Yunguang Activated Carbon Co., Ltd Datong Tianzhao Activated Carbon Co., Ltd DaTong Tri-Star & Power Carbon Plant Datong Weidu Activated Carbon Co., Ltd Datong Xuanyang Activated Carbon Co., Ltd Datong Zuoyun Biyun Activated Carbon Co., Ltd Datong Zuoyun Fu Ping Activated Carbon Co., Ltd Dezhou Jiayu Activated Carbon Factory Dongguan Baofu Activated Carbon Dongguan SYS Hitek Co., Ltd Dushanzi Chemical Factory Fu Yuan Activated Carbon Co., Ltd Fujian Jianyang Carbon Plant Fujian Nanping Yuanli Activated Carbon Co., Ltd Fujian Yuanli Active Carbon Co., Ltd Fuzhou Taking Chemical Fuzhou Yihuan Carbon Great Bright Industrial Hangzhou Hengxing Activated Carbon Hangzhou Hengxing Activated Carbon Co., Ltd Hangzhou Linan Tianbo Material (HSLATB) Hangzhou Nature Technology Hebei Foreign Trade and Advertising Corporation Hebei Shenglun Import & Export Group Company Hegongye Ninxia Activated Carbon Factory Heilongjiang Provincial Hechang Import & Export Co., Ltd Hongke Activated Carbon Co., Ltd Huaibei Environment Protection Material Plant Huairen Huanyu Purification Material Co., Ltd Huairen Jinbei Chemical Co., Ltd Huaiyushan Activated Carbon Group Huatai Activated Carbon Huzhou Zhonglin Activated Carbon Inner Mongolia Taixi Coal Chemical Industry Limited Company Itigi Corp. Ltd J&D Activated Carbon Filter Co. Ltd Jacobi Carbons AB Jiangle County Xinhua Activated Carbon Co., Ltd Jiangsu Taixing Yixin Activated Carbon Technology Co., Ltd Jiangxi Hanson Import Export Co Jiangxi Huaiyushan Activated Carbon Jiangxi Huaiyushan Activated Carbon Group Co Jiangxi Huaiyushan Suntar Active Carbon Co., Ltd Jiangxi Jinma Carbon Jianou Zhixing Activated Carbon Jiaocheng Xinxin Purification Material Co., Ltd Jilin Bright Future Chemical Company, Ltd Jilin Province Bright Future Industry and Commerce Co., Ltd Jing Mao (Dongguan) Activated Carbon Co., Ltd Kaihua Xingda Chemical Co., Ltd Kemflo (Nanjing) Environmental Tech Keyun Shipping (Tianjin) Agency Co., Ltd Kunshan Actview Carbon Technology Co., Ltd Langfang Winfield Filtration Co Start Printed Page 30812 Link Shipping Limited Longyan Wanan Activated Carbon Mindong Lianyi Group Nanjing Mulinsen Charcoal Nantong Ameriasia Advanced Activated Carbon Product Co., Ltd Ningxia Baota Activated Carbon Co., Ltd Ningxia Baota Active Carbon Plant Ningxia Blue-White-Black Activated Carbon (BWB) Ningxia Fengyuan Activated Carbon Co., Ltd Ningxia Guanghua A/C Co., Ltd Ningxia Guanghua Activated Carbon Co., Ltd Ningxia Guanghua Chemical Activated Carbon Co., Ltd Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd Ningxia Haoqing Activated Carbon Co., Ltd Ningxia Henghui Activated Carbon Ningxia Honghua Carbon Industrial Corporation Ningxia Huahui Activated Carbon Co., Ltd Ningxia Huinong Xingsheng Activated Carbon Co., Ltd Ningxia Jirui Activated Carbon Ningxia Lingzhou Foreign Trade Co., Ltd Ningxia Luyuangheng Activated Carbon Co., Ltd Ningxia Mineral & Chemical Limited Ningxia Pingluo County Yaofu Activated Carbon Plant Ningxia Pingluo Xuanzhong Activated Carbon Co., Ltd Ningxia Pingluo Yaofu Activated Carbon Factory Ningxia Taixi Activated Carbon Ningxia Tianfu Activated Carbon Co., Ltd Ninxia Tongfu Coking Co., Ltd Ningxia Weining Active Carbon Co., Ltd Ningxia Xingsheng Coal and Active Carbon Co., Ltd Ningxia Xingsheng Coke & Activated Carbon Co., Ltd Ningxia Yinchuan Lanqiya Activated Carbon Co., Ltd Ningxia Yirong Alloy Iron Co., Ltd Ningxia Zhengyuan Activated Nuclear Ningxia Activated Carbon Co., Ltd OEC Logistic Qingdao Co., Ltd Panshan Import and Export Corporation Pingluo Xuanzhong Activated Carbon Co., Ltd Pingluo Yu Yang Activated Carbon Co., Ltd Shanghai Activated Carbon Co., Ltd Shanghai Astronautical Science Technology Development Corporation Shanghai Coking and Chemical Corporation Shanghai Goldenbridge International Shanghai Jiayu International Trading (Dezhou Jiayu and Chengde Jiayu) Shanghai Jinhu Activated Carbon (Xingan Shenxin and Jiangle Xinhua) Shanghai Light Industry and Textile Import & Export Co., Ltd Shanghai Mebao Activated Carbon Shanghai Xingchang Activated Carbon Shanxi Blue Sky Purification Material Co., Ltd Shanxi Carbon Industry Co., Ltd Shanxi Dapu International Trade Co., Ltd Shanxi DMD Corporation Shanxi Industry Technology Trading Co., Ltd Shanxi Newtime Co., Ltd Shanxi Qixian Foreign Trade Corporation Shanxi Qixian Hongkai Active Carbon Goods Shanxi Sincere Industrial Co., Ltd Shanxi Supply and Marketing Cooperative Shanxi Tianli Ruihai Enterprise Co Shanxi Xiaoyi Huanyu Chemicals Co., Ltd Shanxi Xinhua Activated Carbon Co., Ltd Shanxi Xinhua Chemical Co., Ltd. (formerly Shanxi Xinhua Chemical Factory) Shanxi Xinhua Protective Equipment Shanxi Xinshidai Import Export Co., Ltd Shanxi Xuanzhong Chemical Industry Co., Ltd Shanxi Zuoyun Yunpeng Coal Chemistry Shenzhen Sihaiweilong Technology Co Sincere Carbon Industrial Co. Ltd Sinoacarbon International Trading Co, Ltd Taining Jinhu Carbon Tancarb Activated Carbon Co., Ltd Tangshan Solid Carbon Co., Ltd Tianchang (Tianjin) Activated Carbon Start Printed Page 30813 Tianjin Century Promote International Trade Co., Ltd Tianjin Channel Filters Co., Ltd Tianjin Jacobi International Trading Co. Ltd Tianjin Maijin Industries Co., Ltd Taiyuan Hengxinda Trade Co., Ltd Tonghua Bright Future Activated Carbon Plant Tonghua Xinpeng Activated Carbon Factory Triple Eagle Container Line Uniclear New-Material Co., Ltd United Manufacturing International (Beijing) Ltd Valqua Seal Products (Shanghai) Co VitaPac (HK) Industrial Ltd Wellink Chemical Industry Xi Li Activated Carbon Co., Ltd Xi'an Shuntong International Trade & Industrials Co., Ltd Xiamen All Carbon Corporation Xingan County Shenxin Activated Carbon Factory Xinhua Chemical Company Ltd Xuanzhong Chemical Industry Yangyuan Hengchang Active Carbon Yicheng Logistics Yinchuan Lanqiya Activated Carbon Co., Ltd Zhejiang Quizhou Zhongsen Carbon Zhejiang Xingda Activated Carbon Co., Ltd Zhejiang Yun He Tang Co., Ltd Zhuxi Activated Carbon Zuoyun Bright Future Activated Carbon Plant The People's Republic of China: Certain Steel Threaded Rod A-570-932 4/1/13-3/31/14 Aihua Holding Group Co. Ltd Autocraft Industry Ltd Autocraft Industry (Shanghai) Ltd Billion Land Ltd Bolt MFG. Trade Ltd C and H International Corporation Certified Products International Inc Changshu City Standard Parts Factory China Brother Holding Group Co. Ltd China Friendly Nation Hardware Technology Limited EC International (Nantong) Co., Ltd Fastco (Shanghai) Trading Co., Ltd Fastwell Industry Co. Ltd Fuda Xiongzhen Macyinery Co., Ltd Fuller Shanghai Co Ltd Gem-Year Industrial Co. Ltd Haiyan Dayu Fasteners Co., Ltd Haiyan Evergreen Standard Parts Co. Ltd Haiyan Hurras Import & Export Co. Ltd Haiyan Hurras Import Export Co. Ltd Haiyan Jianhe Hardward Co. Ltd Haiyan Julong Standard Part Co. Ltd Hangzhou Everbright Imp. & Exp. Co. Ltd Hangzhou Grand Imp & Exp. Co., Ltd Hangzhou Great Imp & Exp. Co. Ltd Hangzhou Lizhan Hardware Co. Ltd Hangzhou Tongwang Machinery Co., Ltd Jiabao Trade Development Co. Ltd Jiangsu Zhongweiyu Communication Equipment Co. Ltd Jiangsu Ronry Nico Co., Ltd Jiangsu Yanfei Industrial Co., Ltd Jiashan Steelfit Trading Co. Ltd Jiashan Zhongsheng Metal Products Co., Ltd Jiaxing Brother Fastener Co., Ltd., IFI & Morgan Ltd. and RMB Fasteners Ltd Jiaxing Brother Standard Part Jiaxing Xinyue Standard Part Co. Ltd Jiaxing Yaoliang Import & Export Co., Ltd Jinan Banghe Industry & Trade Co., Ltd Macropower Industrial Inc Midas Union Co., Ltd Nanjing Prosper Import & Export Corporation Ltd New Pole Power System Co. Ltd Ningbiao Bolts & Nuts Manufacturing Co Ningbo Beilun Milfast Metalworks Co. Ltd Ningbo Beilun Pingxin Hardware Co., Ltd Start Printed Page 30814 Ningbo Dexin Fastener Co. Ltd Ningbo Dongxin High-Strength Nut Co., Ltd Ningbo Fastener Factory Ningbo Fengya Imp. And Exp. Co. Ltd Ningbo Fourway Co., Ltd Ningbo Haishu Holy Hardware Import and Export Co. Ltd Ningbo Haishu Wit Import & Export Co. Ltd Ningbo Haishu Yixie Import & Export Co. Ltd Ningbo Jinding Fastening Pieces Co., Ltd Ningbo MPF Manufacturing Co. Ltd Ningbo Panxiang Imp. & Exp., Co. Ltd Ningbo Yinzhou Foreign Trade Co., Ltd Ningbo Zhongjiang High Strength Bolts Co. Ltd Ningbo Zhongjiang Petroleum Pipes & Machinery Co., Ltd Orient International Holding Shanghai Rongheng Intl Trading Co. Ltd Prosper Business and Industry Co., Ltd Qingdao Free Trade Zone Health Intl. Qingdao Top Steel Industrial Co. Ltd Shaanxi Succeed Trading Co., Ltd Shanghai East Best Foreign Trade Co Shanghai East Best International Business Development Co., Ltd Shanghai Fortune International Co. Ltd Shanghai Furen International Trading Shanghai Hunan Foreign Economic Co., Ltd Shanghai Nanshi Foreign Economic Co Shanghai Overseas International Trading Co. Ltd Shanghai P&J International Trading Co., Ltd Shanghai Prime Machinery Co. Ltd Shanghai Printing & Dyeing and Knitting Mill Shanghai Printing & Packaging Machinery Corp. Shanghai Recky International Trading Co., Ltd Shanghai Sinotex United Corp. Ltd Suntec Industries Co., Ltd Suzhou Henry International Trading Co., Ltd T and C Fastener Co. Ltd T and L Industry Co. Ltd Wuxi Metec Metal Co. Ltd Zhejiang Heiter Industries Co., Ltd Zhejiang Heiter MFG & Trade Co. Ltd Zhejiang Jin Zeen Fasteners Co. Ltd Zhejiang Junyue Standard Part Co., Ltd Zhejiang Morgan Brother Technology Co. Ltd Zhejiang New Oriental Fastener Co., Ltd Zhejiang Yanfei Industrial Co., Ltd Zhejiang Zhenglian Corp. Zhejiang Zhenglian Industry Development Co., Ltd Zhoushan Zhengyuan Standard Parts Co., Ltd The People's Republic of China: Drawn Stainless Steel Sinks A-570-983 10/4/12-3/31/14 Feidong Import & Export Co., Ltd Foshan Success Imp. & Exp. Co. Ltd Foshan Zhaoshun Trade Co., Ltd Guangdong Dongyuan Kitchenware Industrial Co., Ltd Guangdong New Shichu Import and Export Corporation Limited Guangdong Yingao Kitchen Utensils Co., Ltd Shunde Native Produce Import and Export Co., Ltd. of Guangdong Yuyao Afa Kitchenware Co., Ltd Zhongshan Newecan Enterprise Development Corporation Limited Zhongshan Silk Imp. & Exp. Group Co., Ltd. of Guangdong Zhongshan Superte Kitchenware Co., Ltd The People's Republic of China: Frontseating Service Valves A-570-933 4/1/13-3/31/14 Zhejiang Sanhua Co., Ltd The People's Republic of China: Magnesium Metal A-570-896 4/1/13-3/31/14 Tianjin Magnesium International Co., Ltd Tianjin Magnesium Metal Co., Ltd The People's Republic of China: Non-Malleable Cast Iron Pipe Fittings A-570-875 4/1/13-3/31/14 Overseas Industrial Corporation Countervailing Duty Proceedings The People Republic of China: Drawn Stainless Sinks C-570-984 8/6/12-12/31/13 Foshan Zhaoshun Trade Co., Ltd Guangdong Dongyuan Kitchenware Industrial Co., Ltd Shunde Native Produce Import and Export Co., Ltd. of Guangdong Start Printed Page 30815 Zhongshan Newecan Enterprise Development Corporation Limited Zhongshan Silk Imp. & Exp. Group Co., Ltd. of Guangdong Zhongshan Superte Kitchenware Co., Ltd. Suspension Agreements None 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, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 2002), as appropriate, 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.
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 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 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 the meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)).
Revised Factual Information Requirements
On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies 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 the Department; and (v) evidence other than factual information described in (i)-(iv). The final rule requires 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 final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013. 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 of that information.[4] Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. Ongoing segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011 should use the formats for the revised certifications provided at the end of the Interim Final Rule.[5] 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.[6] The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements.
Revised Extension of Time Limits Regulation
On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in antidumping and countervailing duty proceedings: Final Rule, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. 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 Start Printed Page 30816not 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, the Department 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, the Department 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 the Department 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).
Start SignatureDated: May 22, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Footnotes
1. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).
Back to Citation2. 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.
Back to Citation3. 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.
Back to Citation4. See section 782(b) of the Act.
Back to Citation5. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (“Interim Final Rule”), amending 19 CFR 351.303(g)(1) and (2); Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011).
Back to Citation6. 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.
Back to Citation[FR Doc. 2014-12504 Filed 5-28-14; 8:45 am]
BILLING CODE 3510-DS-P
Document Information
- Published:
- 05/29/2014
- Department:
- International Trade Administration
- Entry Type:
- Notice
- Document Number:
- 2014-12504
- Pages:
- 30809-30816 (8 pages)
- PDF File:
- 2014-12504.pdf
- Supporting Documents:
- » Requests for Nominations: Trade Promotion Coordinating Committee
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
- » Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
- » Meetings: United States Travel and Tourism Advisory Board
- » Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
- » Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
- » Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review