2022-23954. 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 with September anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

DATES:

Applicable November 3, 2022.

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 September 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

With respect to antidumping administrative reviews, 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 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.

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 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 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.

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://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 ^[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://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 respondent selection. 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 September 30, 2023.

	Period to be reviewed
AD Proceedings
INDIA: Certain Lined Paper Products, A-533-843	9/1/21-8/31/22
Cellpage Ventures Private Limited
Dinakar Process Private Limited
ITC Limited-Education and Stationary Products Business
JC Stationery (P) Ltd
Lotus Global Private Limited
M/s.Bhaskar Paper Products
Navneet Education Ltd
Pioneer Stationery Private Limited
PP Bafna Ventures Private Limited
SGM Paper Products
INDIA: Oil Country Tubular Goods, A-533-857	9/1/21-8/31/22
Apollo Metalex (P) Limited
Crescent Foundry Co. Pvt. Ltd
Disha Auto Components Pvt. Ltd
Dynamic Flow Products Pvt. Ltd
Global Seamless Tubes and Pipes Pvt. Ltd
Goodluck Industries
Gstp (Hfs) Pvt. Ltd
GVN Fuels Limited; Maharashtra Seamless Limited; Jindal Pipes Limited
Heavy Metal Tubes India Pvt. Ltd
Hyundai Steel Pipe India Pvt. Ltd
Ismt Limited
Jindal SAW Limited
Krystal Global Engineering Limited
Lal Baba Seamless Tubes Pvt. Ltd
Metamorphosis Engitech India Pvt. Ltd
Midland Alloys Inc
Neelcon Steel Industries
Om Tubes and Fittings Industries
Pennar Industries Limited
Rajkrupa Metal Industries
Ratnamani Metals & Tubes Ltd
Renine Metalloys
Sainest Tubes Pvt. Ltd
Sandvik Materials Technology India
Sivanandha Pipe Fittings Limited
Surya Roshni Ltd
Timken Engineering and Research
Tubekraft Precision Private Limited
United Seamless Tubulaar Pvt. Ltd
Zenith Steel Pipes and Industries Ltd
MEXICO: Emulsion Styrene-Butadiene Rubber, A-201-848	9/1/21-8/31/22
Continental Tire de Mexico S.A. de C.V
Dynasol Elastomeros, S.A. de C.V
Dynasol LLC
Hyundai Glovis Mexico, S. de R.L. de C.V
Industrias Negromex, S.A. de C.V
Pirelli Neumaticos, S.A. de C.V
MEXICO: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A-201-847	9/1/21-8/31/22
Aceros del Toro S.A. de C.V
Aceros El Fraile S.A. de C.V
Border Assembly S. de R.L. de C.V
Buffalo Tube S.A. de C.V
Fortacero S.A. de C.V
Grupo Collado S.A. de C.V
Maquilacero S.A. de C.V
Perfiles y Herrajes L.M. S.A. de C.V
P.J. Trailers Company S.A. de C.V
Placa y Fierro de Monterrey S.A. de C.V
Productos Laminados de Monterrey S.A. de C.V
Regiomontana de Perfiles y Tubos S.A. de C.V
REPUBLIC OF KOREA: Certain Cold-Rolled Steel Flat Products, A-580-881	9/1/21-8/31/22
Hyundai Steel Company
KG Dongbu Steel Co., Ltd
POSCO
POSCO International Corporation
REPUBLIC OF KOREA: Heavy Walled Rectangular Welded Carbon Pipes and Tubes, A-580-880	9/1/21-8/31/22
Dong-A-Steel Co., Ltd
HiSteel Co., Ltd
NEXTEEL Co., Ltd
SeAH Steel Corporation
REPUBLIC OF KOREA: Oil Country Tubular Goods, A-580-870	9/1/21-8/31/22
AJU Besteel Co., Ltd
Dong-A Steel Co., Ltd
HiSteel Co., Ltd
Husteel Co., Ltd
Hyundai Steel Company
ILJIN Steel Corporation
K Steel Corporation
Keonwoo Metals Co., Ltd
Kukje Steel
MSTEEL Co., Ltd
NEXTEEL Co., Ltd
Nissei Trading Co., Ltd
POSCO International Corporation
SeAH Steel Corporation
Sungwon Steel Co., Ltd
TGS Pipe
SPAIN: Methionine, A-469-822	3/14/21-8/31/22
Adisseo Espana S.A
TAIWAN: Forged Steel Fittings, A-583-863	9/1/21-8/31/22
Both-Well Steel Fittings, Co., Ltd
TAIWAN: Passenger Vehicle and Light Truck Tires,5 A-583-869	1/6/21-6/30/22
Cheng Shin Rubber Ind. Co., Ltd
SULTANATE OF OMAN: Polyethylene Terephthalate (PET) Sheet, A-523-813	9/1/21-8/31/22
OCTAL SAOC—FZC
THE PEOPLE'S REPUBLIC OF CHINA: Certain Magnesia Carbon Bricks, A-570-954	9/1/21-8/31/22
Autong Industry Co., Ltd
Dandong Xinxing Carbon Co., Ltd
Fedmet Resources Corporation
Fengchi Imp. and Exp. Co., Ltd
Fengchi Imp. and Exp. Co., Ltd. of Haicheng City
Fengchi Mining Co., Ltd. of Haicheng City
Fengchi Refractories Co., of Haicheng City
FRC Global Inc
Haicheng Donghe Taidi Refractory Co., Ltd
Henan Xintuo Refractory Co., Ltd
Liaoning Fucheng Refractories
Liaoning Zhongmei High Temperature Material Co., Ltd
Liaoning Zhongmei Holding Co., Ltd
PRCO America Inc
Puyang Refractories Co., Ltd
Puyang Refractories Group Co., Ltd
Qingdao Wonjin Special Refractory Material Co., Ltd
RHI Refractories Liaoning Co., Ltd
Shandong Minye Refractory Fibre Co., Ltd
Shanxi Xinrong International Trade Co., Ltd
Shenglong Refractories Co., Ltd
SL Refractories LLC
Tangshan Strong Refractories Co., Ltd
The Economic Trading Group Of Haicheng Houying Corp. Ltd
Tianjin New Century Refractories Co., Ltd
Wonjin Refractory Co., Ltd
Xinyi New Century Refractories Co., Ltd
Yingkou Guangyang Refractories Co., Ltd
Yingkou Heping Samwha Minerals, Co., Ltd
Yingkou Heping Sanhua Materials Co., Ltd
Yingkou Hongyu Wonjin Refractory Material Co., Ltd
Yingkou Jiamei Refractories Co., Ltd
Yingkou Mei'ao Mining Product Co., Ltd
Zhengzhou Rongsheng Refractory Co., Ltd
Zibo Fubang Wonjin Refractory Technology Co., Ltd
Zibo Hengsen Refractory Co., Ltd
Zibo Hitech Material Co., Ltd
Zibo Jiuqiang Refractory Co., Ltd
THE PEOPLE'S REPUBLIC OF CHINA: Steel Racks, A-570-088	9/1/21-8/31/22
Guangdong Wireking Housewares and Hardware Co., Ltd
Hebei Minmetals Co., Ltd
Jiangsu JISE Intelligent Storage Equipment Co., Ltd
Jiangsu Nova Intelligent Logistics Equipment Co., Ltd
Jiangsu Starshine Industry Equipment Co., Ltd
Nanjing Dongsheng Shelf Manufacturing Co., Ltd
Nanjing Ironstone Storage Equipment Co., Ltd
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd
Suntop (Xiamen) Display System Inc
Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd
Xiamen Luckyroc Industry Co., Ltd
TURKEY: Steel Concrete Reinforcing Bar, A-489-829	7/1/21-6/30/22
Kaptan Demir Celik Endustri ve Ticaret A.S.6
CVD Proceedings Period to be Reviewed
REPUBLIC OF KOREA: Certain Cold-Rolled Steel Flat Products, C-580-882	1/1/21-12/31/21
AJU Steel Co., Ltd
Amerisource Korea
Amerisource International
BC Trade
Busung Steel Co., Ltd
Cenit Co., Ltd
Daewoo Logistics Corp
Dai Yang Metal Co., Ltd
DK GNS Co., Ltd
Dongbu Incheon Steel Co., Ltd
Dongbu Steel Co., Ltd
Dongbu USA
KG Dongbu Steel Co., Ltd
Dong Jin Machinery
Dongkuk Industries Co., Ltd
Dongkuk Steel Mill Co., Ltd
Eunsan Shipping and Air Cargo Co., Ltd
Euro Line Global Co., Ltd
Golden State Corp
GS Global Corp
Hanawell Co., Ltd
Hankum Co., Ltd
Hyosung TNC Corp
Hyuk San Profile Co., Ltd
Hyundai Group
Hyundai Steel Co., Ltd
Hyundai Steel Company
Iljin NTS Co., Ltd
Iljin Steel Corp
Jeen Pung Industrial Co., Ltd
JS Steel Co. Ltd
JT Solution
Kolon Global Corporation
Nauri Logistics Co., Ltd
Okaya (Korea) Co., Ltd
PL Special Steel Co., Ltd
POSCO
POSCO C&C Co., Ltd
POSCO Daewoo Corp
POSCO International Corp
Samsung C&T Corp
Samsung STS Co., Ltd
SeAH Steel Corp
SM Automotive Ltd
SK Networks Co., Ltd
Taihan Electric Wire Co., Ltd
TGS Pipe Co., Ltd
TI Automotive Ltd
Topco Global Co., Ltd
Xeno Energy
Young Steel Co., Ltd
THE PEOPLE'S REPUBLIC OF CHINA: Steel Racks, C-570-089	1/1/21-12/31/21
Nanjing Dongsheng Shelf Manufacturing Co., Ltd
Nanjing Ironstone Storage Equipment Co., Ltd
Ningbo Xinguang Rack Co., Ltd
Xiamen Luckyroc Industry Co., Ltd
Suspension Agreements
MEXICO: Fresh Tomatoes, A-201-820	9/1/21-8/31/22

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 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,^[7] available at 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 temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.^[8]

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.^[9] 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.^[10] 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: October 31, 2022.

James Maeder,

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).

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

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.

5.  The company listed below was inadvertently referenced as “Cheng Shin Rubber Ind. Col Ltd.” in the initiation notice that published on September 6, 2022 (87 FR 54463).

6.  In the initiation notice that published on September 6, 2022 (87 FR 54463), we noted that this company is part of a collapsed entity with Kaptan Metal Dis Ticaret Ve Nakliayt A.S. and that we were initiating a review of the collapsed entity. The correct spelling of this company's name is Kaptan Metal Dis Ticaret ve Nakliyat A.S.

7.   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.

8.   See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19,85 FR 41363 (July 10, 2020).

9.   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.

10.   See19 CFR 351.302.