2010-27521. 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 section 351.213 of the Department of Commerce (“the Department”) regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.

All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date.

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. We intend to release the CBP data under Administrative Protective Order (“APO”) to all parties having an APO within seven days of publication of the initiation notice and to make our decision regarding respondent selection within 21 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 five days of placement of the CBP data on the record of the review.

Opportunity to Request a Review: Not later than the last day of November 2010,^[1] interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in November for the following periods:

	Period of review
Antidumping Duty Proceedings
Brazil:
Certain Circular Welded Non-Alloy Steel Pipe, A-351-809	11/1/09-10/31/10
Polyethylene Terephthalate (Pet) Film, A-351-841	11/1/09-10/31/10
Germany: Lightweight Thermal Paper, A-428-840	11/1/09-10/31/10
Mexico: Certain Circular Welded Non-Alloy Steel Pipe, A-201-805	11/1/09-10/31/10
Republic of Korea:
Certain Circular Welded Non-Alloy Steel Pipe, A-580-809	11/1/09-10/31/10
Diamond Sawblades And Parts Thereof, A-580-855	1/23/09-10/31/10
Taiwan:
Certain Hot-Rolled Carbon Steel Flat Products, A-583-835	11/1/09-10/31/10
Certain Circular Welded Non-Alloy Steel Pipe, A-583-814	11/1/09-10/31/10
Thailand: Certain Hot-Rolled Carbon Steel Flat Products, A-549-817	11/1/09-10/31/10
The People's Republic of China:
Certain Cut-To-Length Carbon Steel, A-570-849	11/1/09-10/31/10
Certain Hot-Rolled Carbon Steel Flat Products, A-570-865	11/1/09-10/31/10
Diamond Sawblades And Parts Thereof, A-570-900	1/23/09-10/31/10
Fresh Garlic, A-570-831	11/1/09-10/31/10
Lightweight Thermal Paper, A-570-920	11/1/09-10/31/10
Paper Clips, A-570-826	11/1/09-10/31/10
Polyethylene Terephthalate (Pet) Film, A-570-924	11/1/09-10/31/10
Pure Magnesium In Granular Form, A-570-864	11/1/09-10/31/10
Refined Brown Aluminum Oxide, A-570-882	11/1/09-10/31/10
Ukraine: Certain Hot-Rolled Carbon Steel Flat Products, A-823-811	11/1/09-10/31/10
United Arab Emirates: Polyethylene Terephthalate (Pet) Film, A-520-803	11/1/09-10/31/10
Countervailing Duty Proceedings
The People's Republic of China: Lightweight Thermal Paper, C-570-921	1/1/09-12/31/09
Suspension Agreements
Ukraine: Certain Cut-to-Length Carbon Steel, A-823-808	11/1/09-10/31/10

In accordance with section 351.213(b) of the regulations, 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 section 351.303(f)(3)(ii) of the regulations.

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://www.trade.gov/​ia.

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 & Constitution Avenue, NW., Washington, DC 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(3)(ii), a copy of each request must be served on the petitioner and each exporter or producer specified in the request.

The Department will publish in the Federal Register a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations” for requests received by the last day of November 2010. If the Department does not receive, by the last day of November 2010, 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 period of review.

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

Dated: October 25, 2010.

Susan H. Kuhbach,

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.