88 FR 1 pgs. 50-56 - Initiation of Antidumping and Countervailing Duty Administrative Reviews
Type: NOTICEVolume: 88Number: 1Pages: 50 - 56
Pages: 50, 51, 52, 53, 56FR document: [FR Doc. 2022-28518 Filed 12-30-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
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 November anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.
DATES:
Applicable January 3, 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: (202) 482-4735.
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 November 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.
Footnotes:
1 ? See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).
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.
[top] In the event Commerce decides it is necessary to limit individual examination of respondents and
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.
Footnotes:
2 ? See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015).
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.
[top] 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
Footnotes:
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.
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 November 30, 2023.
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| Period to be reviewed | |
|---|---|
| AD Proceedings | |
| ARMENIA: Certain Aluminum Foil, A-831-804 | 5/4/21-10/31/22 |
| Rusal Armenal Closed Joint Stock Company | |
| AUSTRIA: Strontium Chromate, A-433-813 | 11/1/21-10/31/22 |
| Habich GmbH | |
| BRAZIL: Aluminum Foil, A-351-856 | 5/4/21-10/31/22 |
| CBA Itapissuma Ltda | |
| Companhia Brasileira de Alumínio | |
| FRANCE: Strontium Chromate, A-427-830 | 11/1/21-10/31/22 |
| Société Nouvelle des Couleurs Zinciques | |
| GERMANY: Thermal Paper, A-428-850 | 5/12/21-10/31/22 |
| Koehler Oberkirch GmbH | |
| Koehler Paper SE | |
| Matra Atlantic GmbH | |
| Papierfabrik August Koehler SE | |
| Matra Americas LLC | |
| INDIA: Welded Stainless Pressure Pipe, A-533-867 | 11/1/21-10/31/22 |
| Apex Tubes Private Ltd | |
| Apurvi Industries | |
| Arihant Tubes | |
| Divine Tubes Pvt. Ltd | |
| Heavy Metal & Tubes | |
| Hindustan Inox Limited | |
| J.S.S. Steelitalia Ltd | |
| Jindal Saw Limited | |
| Linkwell Seamless Tubes Private Limited | |
| Maxim Tubes Company Pvt. Ltd | |
| MBM Tubes Pvt. Ltd | |
| Mukat Tanks & Vessel Ltd | |
| Neotiss Ltd | |
| Prakash Steelage Ltd | |
| Quality Stainless Pvt. Ltd | |
| Raajratna Metal Industries Ltd | |
| Ratnadeep Metal & Tubes Ltd | |
| Ratnamani Metals & Tubes Ltd | |
| Remi Edelstahl Tubulars | |
| Seth Steelage Pvt. Ltd | |
| Shubhlaxmi Metals & Tubes Private Limited | |
| SLS Tubes Pvt. Ltd | |
| Steamline Industries Ltd | |
| INDONESIA: Monosodium Glutamate, A-560-826 | 11/1/21-10/31/22 |
| PT. Cheil Jedang Indonesia | |
| PT. Miwon Indonesia (aka PT. Daesang Ingredients Indonesia) | |
| MEXICO: Steel Concrete Reinforcing Bar, A-201-844 | 11/1/21-10/31/22 |
| Aceros Especiales Simec Tlaxcala, S.A. de C.V | |
| Compania Siderurgica del Pacifico S.A. de C.V | |
| Deacero S.A.P.I. de C.V | |
| Fundiciones de Acero Estructurales, S.A. de C.V | |
| Gerdau Corsa, S.A.P.I. de C.V | |
| Grupo Chant, S.A.P.I. de C.V | |
| Grupo Acerero S.A. de C.V | |
| Grupo Simec S.A.B. de C.V | |
| I.N.G.E.T.E.K.N.O.S. Estructurales, S.A. de C.V | |
| Operadora de Perfiles Sigosa, S.A. de C.V | |
| Orge S.A. de C.V | |
| Perfiles Comerciales Sigosa, S.A. de C.V | |
| RRLC S.A.P.I. de C.V | |
| Sidertul S.A. de C.V | |
| Siderurgica del Occidente y Pacifico S.A. de C.V | |
| Siderurgicos Noroeste, S.A. de C.V | |
| Simec International S.A. de C.V | |
| Simec International 6 S.A. de C.V | |
| Simec International 7, S.A. de C.V | |
| Simec International 9 S.A. de C.V | |
| OMAN: Aluminum Foil, A-523-815 | 5/4/21-10/31/22 |
| Oman Aluminium Rolling Company | |
| REPUBLIC OF KOREA: Circular Welded Non-Alloy Steel Pipe, A-580-809 | 11/1/21- 10/31/22 |
| Aju Besteel | |
| Bookook Steel | |
| Chang Won Bending | |
| Dae Ryung | |
| Daewoo Shipbuilding & Marine Engineering | |
| Daiduck Piping | |
| Dong Yang Steel Pipe | |
| Dongbu Steel | |
| EEW Korea Company | |
| Histeel | |
| Husteel Co., Ltd | |
| Hyundai RB | |
| Hyundai Steel (Pipe Division) | |
| Hyundai Steel Company | |
| Kiduck Industries | |
| Kum Kang Kind | |
| Kumsoo Connecting | |
| Miju Steel Mfg | |
| NEXTEEL Co., Ltd | |
| Samkand M & T | |
| Seah FS | |
| SeAH Steel Corporation | |
| Steel Flower | |
| YCP Co., Ltd | |
| REPUBLIC OF KOREA: Thermal Paper Products, A-580-911 | 5/12/21-10/31/22 |
| Hansol Paper Company | |
| Hansol Paper Co., Ltd | |
| RUSSIA: Aluminum Foil, A-821-828 | 5/4/21-10/31/22 |
| JSC Rusal Sayanal | |
| JSC United Company Rusal-Trading House | |
| JSC Ural Foil | |
| RTI Limited | |
| Rusal Marketing GmbH | |
| Rusal Products GmbH | |
| RusalTrans LLC | |
| SPAIN: Methionine, 5 A-469-822 | 3/4/21-8/31/22 |
| THE PEOPLE'S REPUBLIC OF CHINA: Diamond Sawblades and Parts Thereof, A-570-900 | 11/1/21-10/31/22 |
| ASHINE Diamond Tools Co., Ltd | |
| Bosch Power Tools China Co Ltd | |
| Bosun Tools Co., Ltd | |
| Chengdu Huifeng New Material Technology Co. Ltd | |
| Danyang City Ou Di Ma Tools Co., Ltd | |
| Danyang Hantronic Import & Export Co., Ltd | |
| Danyang Huachang Diamond Tool Manufacturing Co., Ltd | |
| Danyang Like Tools Manufacturing Co., Ltd | |
| Danyang NYCL Tools Manufacturing Co., Ltd | |
| Danyang Realsharp Tools Co., Ltd | |
| Danyang Tongyu Tools Co., Ltd | |
| Danyang Tsunda Diamond Tools Co., Ltd | |
| Danyang Weiwang Tools Manufacturing Co., Ltd | |
| Diamond Tools Technology (Thailand) Co., Ltd | |
| Fujian Quanzhou Aotu Precise Machine Co., Ltd | |
| Guangdong Sun Rising Tools Co., Ltd | |
| Guilin Tebon Superhard Material Co., Ltd | |
| Hailian Saw Technology Co., Ltd | |
| Hangzhou Deer King Industrial and Trading Co., Ltd | |
| Hangzhou Kingburg Import & Export Co., Ltd | |
| Hangzhou Xinweiye Tools Co., Ltd | |
| Hebei XMF Tools Group Co., Ltd | |
| Henan Huanghe Whirlwind International Co., Ltd | |
| Hong Kong Hao Xin International Group Limited | |
| Hubei Changjiang Precision Engineering Materials Technology Co., Ltd | |
| Hubei Sheng Bai Rui Diamond Tools Co., Ltd | |
| Husqvarna (Hebei) Co., Ltd | |
| Huzhou Gu's Import & Export Co., Ltd | |
| Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd | |
| Jiangsu Fengtai Diamond Tools Co., Ltd | |
| Jiangsu Huachang Diamond Tools Manufacturing Co., Ltd | |
| Jiangsu Inter-China Group Corporation | |
| Jiangsu Jinfeida Power Tools | |
| Jiangsu Yaofeng Tools Co., Ltd | |
| Jiangsu Youhe Tool Manufacturer Co., Ltd | |
| Orient Gain International Limited | |
| Pantos Logistics (HK) Company Limited | |
| Protec Tools Co., Ltd | |
| Pujiang Talent Diamond Tools Co., Ltd | |
| Qingdao Hyosung Diamond Tools Co., Ltd | |
| Qingdao Shinhan Diamond Industrial Co., Ltd | |
| Qingyuan Shangtai Diamond Tools Co., Ltd | |
| Quanzhou Sunny Superhard Tools Co., Ltd | |
| Quanzhou Zhongzhi Diamond Tool Co., Ltd | |
| Rizhao Hein Saw Co., Ltd | |
| Saint-Gobain Abrasives (Shanghai) Co., Ltd | |
| Shanghai Jingquan Industrial Trade Co., Ltd | |
| Shanghai Starcraft Tools Co. Ltd | |
| Shanghai Vinon Tools Industrial Co | |
| Sino Tools Co., Ltd | |
| Suzhou Blade Tech Tool Co Ltd | |
| Tangshan Metallurgical Saw Blade Co., Ltd | |
| Weihai Xiangguang Mechanical Industrial Co., Ltd | |
| Wuhan Baiyi Diamond Tools Co., Ltd | |
| Wuhan Sadia Trading Co., Ltd | |
| Wuhan Wanbang Laser Diamond Tools Co., Ltd | |
| Wuhan ZhaoHua Technology Co., Ltd | |
| Xiamen ZL Diamond Technology Co., Ltd | |
| Zhejiang Shall Tools Co., Ltd | |
| Zhejiang Wanli Tools Group Co., Ltd | |
| Zhenjiang Luckyway Tools Co., Ltd | |
| ZL Diamond Technology Co., Ltd | |
| ZL Diamond Tools Co., Ltd | |
| THE PEOPLE'S REPUBLIC OF CHINA: Fresh Garlic, A-570-831 | 11/1/21-10/31/22 |
| Jining Huahui International Co., Ltd | |
| Jining Huahui International Trade Co | |
| Laiwu Ever Green Food Co., Ltd | |
| Laiwu Manhing Vegetables Fruits Corp | |
| Laiwu Taifeng Foods Co., Ltd | |
| Ningbo Raffini Import & Export Co., Ltd | |
| Qingdao Muyi International Trading Co., Ltd | |
| Shandong Bairun Food Co., Ltd | |
| Shanghai Yongtie Enterprise Management | |
| Zhengzhou Harmoni Spice Co., Ltd | |
| THE PEOPLE'S REPUBLIC OF CHINA: Forged Steel Fittings, A-570-067 | 11/1/21-10/31/22 |
| Both-Well (Taizhou) Steel Fittings Co., Ltd | |
| Cixi Baicheng Hardware Tools, Ltd | |
| Dalian Guangming Pipe Fittings Co., Ltd | |
| Eaton Hydraulics (Luzhou) Co., Ltd | |
| Eaton Hydraulics (Ningbo) Co., Ltd | |
| Jiangsu Forged Pipe Fittings Co., Ltd | |
| Jiangsu Haida Pipe Fittings Group Co | |
| Jinan Mech Piping Technology Co., Ltd | |
| Jining Dingguan Precision Parts Manufacturing Co., Ltd | |
| Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd | |
| Luzhou City Chengrun Mechanics Co., Ltd | |
| Ningbo HongTe Industrial Co., Ltd | |
| Ningbo Long Teng Metal Manufacturing Co., Ltd | |
| Ningbo Save Technology Co., Ltd | |
| Ningbo Zhongan Forging Co., Ltd | |
| Q.C. Witness International Co., Ltd | |
| Qingdao Bestflow Industrial Co., Ltd | |
| Shanghai Lon Au Stainless Steel Materials Co., Ltd | |
| Witness International Co., Ltd | |
| Xin Yi International Trade Co., Limited | |
| Yancheng Boyue Tube Co., Ltd | |
| Yancheng Haohui Pipe Fittings Co., Ltd | |
| Yancheng Jiuwei Pipe Fittings Co., Ltd | |
| Yancheng Manda Pipe Industry Co., Ltd | |
| Yingkou Guangming Pipeline Industry Co., Ltd | |
| Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd | |
| THE PEOPLE'S REPUBLIC OF CHINA: Polyethylene Terephthalate (Pet) Film, A-570-924 | 11/1/21-10/31/22 |
| Fuwei Films (Shandong) Co., Ltd | |
| Shaoxing Xiangyu Green Packing Co., Ltd | |
| Sichuan Dongfang Insulating Material Co., Ltd | |
| Tianjin Wanhua Co., Ltd | |
| THE PEOPLE'S REPUBLIC OF CHINA: Seamless Refined Copper Pipe and Tube, A-570-964 | 11/1/21-10/31/22 |
| Guangdong Carrier Heating, Ventilation & Air Conditioning Company Limited | |
| ICOOL International (Hongkong) Limited | |
| Ningbo Kingkong Climate Technology Co., Ltd | |
| THE PEOPLE'S REPUBLIC OF CHINA: Steel Racks, 6 A-570-088 | 9/1/21-8/31/22 |
| Ningbo Xinguang Rack Co., Ltd | |
| TURKEY: Aluminum Foil, A-489-844 | 9/23/21-10/31/22 |
| Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Dis Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S | |
| ASAS Aluminyum Sanayi ve Ticaret A.S | |
| Ilda Pack Ambalaj | |
| Panda Aluminyum A.S | |
| CVD Proceedings | |
| INDIA: Welded Stainless Pressure Pipe, C-533-868 | 1/1/21-12/31/21 |
| Hindustan Inox Limited | |
| Jindal Saw Limited | |
| Prakash Steelage Ltd | |
| Seth Steelage Pvt. Ltd | |
| OMAN: Aluminum Foil, C-523-816 | 3/5/21-12/31/21 |
| Oman Aluminium Rolling Company LLC | |
| THE PEOPLE'S REPUBLIC OF CHINA: Chlorinated Isocyanurates, C-570-991 | 1/1/21-12/31/21 |
| Henan Zerui New Material | |
| Heze Huayi Chemical Co., Ltd | |
| Jinchang International Forwarding | |
| Juancheng Kangtai Chemical Co., Ltd | |
| Qingdao Fortune Logistics Co., Ltd | |
| Qingdao Kingnod Group Co., Ltd | |
| Shanghai Sumiso International Logis | |
| Sincere Cooperation Material | |
| THE PEOPLE'S REPUBLIC OF CHINA: Forged Steel Fittings, C-570-068 | 1/1/21-12/31/21 |
| Both-Well Taizhou Steel Fittings Co., Ltd | |
| Jiangsu Forged Pipe Fittings Co., Ltd | |
| Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd | |
| Xin Yi International Trade Co., Limited | |
| Yingkou Guangming Pipeline Industry Co., Ltd | |
| TURKEY: Aluminum Foil, C-489-845 | 3/5/21-12/31/21 |
| ASAS Alüminyum Sanayi ve Ticaret A.S | |
| Assan Aluminyum Sanayi ve Ticaret A.S., Ispak Esnek Ambalaj Sanayi A.S., and Kibar Dis Ticaret A.S. (collectively, "Assan") | |
| Ilda Pack Ambalaj | |
| John Good Denizcilik Tas.Ve | |
| Panda Alüminyum | |
| Seherli Danismanlik A.S | |
| TURKEY: Steel Concrete Reinforcing Bar, C-489-819 | 1/1/21-12/31/21 |
| Ans Kargo Lojistik Tas ve Tic | |
| Baykan Dis Ticaret | |
| Colakoglu Dis Ticaret A.S., Colakoglu Metalurji A.S., and their Cross-Owned Affiliates Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and its Cross-Owned Affiliates Kaptan Demir Celik Endustrisi ve Ticaret A.S., Kaptan Metal Dis Ticaret ve Nakliyat A.S., and their Cross-Owned Affiliates | |
| Kibar dis Ticaret A.S | |
| Meral Makina Iml Ith Ihr Gida | |
| Sami Soybas Demir Sanayi ve Ticaret | |
| Yucel Boru Ihracat Ithalat ve Pazarlama |
Footnotes:
5 ?In the initiation notice that published on November 3, 2022 (87 FR 66275), Commerce listed the wrong period of review for the case above. The correct period of review is listed in this notice.
6 ?The company listed below was inadvertently omitted from the initiation notice that published on November 3, 2022 (87 FR 66275).
Suspension Agreements
None.
Duty Absorption Reviews
[top] 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
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
Footnotes:
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).
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.
Footnotes:
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.
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 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.
Footnotes:
10 ? See 19 CFR 351.302.
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: December 22, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
[FR Doc. 2022-28518 Filed 12-30-22; 8:45 am]
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