Notice2022-26404
Initiation of Antidumping and Countervailing Duty Administrative Reviews
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with October anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74404-74408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26404]
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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 U.S. Department of Commerce (Commerce) has received
requests to conduct administrative reviews of various antidumping duty
(AD) and countervailing duty (CVD) orders with October anniversary
dates. In accordance with Commerce's regulations, we are initiating
those administrative reviews.
DATES: Applicable December 5, 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: (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 October anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by Commerce discussed below
refer to the number of calendar days from the applicable starting time.
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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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.
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\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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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
[[Page 74405]]
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.
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\2\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> 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 <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a> 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.
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\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.
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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
[[Page 74406]]
no longer be eligible for separate rate status unless they respond to
all parts of the questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following AD and CVD orders and findings.
We intend to issue the final results of these reviews not later than
October 31, 2023.
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Period to be
reviewed
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AD Proceedings
India: Stainless Steel Flanges, A-533-877............ 10/1/21-9/30/22
Balkrishna Steel Forge Pvt Ltd
BFN Forgings Private Limited (formerly Bebitz
Flanges Works Pvt. Ltd.) \5\
Chandan Steel Limited
Echjay Forgings Private Limited
Fivebros Pvt Ltd
Goodluck India Limited
Hilton Metal Forgings Limited
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Pvt Ltd
Jay Jagdamba Ltd
Jay Jagdamba Profile Pvt Ltd
Kisaan Die Tech Pvt Ltd
Pradeep Metals Limited
R.N. Gupta & Company Limited
Shree Jay Jagdamba Flanges Pvt Ltd
Japan: Certain Hot-Rolled Steel Flat Products, A-588- 10/1/21-9/30/22
874.................................................
JFE Shoji Corporation; JFE Steel Corporation
Nippon Steel & Sumikin Bussan Corporation
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel & Sumikin Logistics Co., Ltd.
Nippon Steel Corporation; Nippon Steel Nisshin
Co., Ltd.; Nippon Steel Trading Corporation
(formerly Nippon Steel & Sumikin Bussan
Corporation)
Tokyo Steel Manufacturing Co., Ltd.
Mexico: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/21-9/30/22
201-830.............................................
ArcelorMittal Mexico S.A. de C.V.
Deacero S.A.P.I. de C.V.
Grupo Villacero S.A. de C.V.
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V
Mexico: Refillable Stainless Steel Kegs, A-201-849... 10/1/21-9/30/22
Cerveceria Bajamuri S. de R.L. de C.V.
Cerveceria Cuauhtemoc Moctezuma S.A. de C.V
Compa[ntilde][iacute]a Cervecera de Coahuila, S.
de R.L. de C.V.
Compania Cervecera del Tropico S.A. de C.V.
Thielmann Mexico S.A. de C.V.
Republic of Korea: Certain Hot-Rolled Steel Flat 10/1/21-9/30/22
Products, A-580-883.................................
Aekyung Chemical
AJU Besteel Co., Ltd.
Ameri Source Korea
Chemaven Co., Ltd.
Cj Cheiljedang Corp.
Cj Global Logistics Service Inc.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Geco Industries Co., Ltd.
Geumok Tech. Co., Ltd.
Goi Tech Industries Co., Ltd.
Golden State Corporation
Gs Global Corp.
Gs Holdings Corp.
Hanawell Co., Ltd.
Hanjin Gls Co., Ltd.
Hankook Co., Ltd.
HISTEEL
Hyosung Corporation
Hyosung Tnc Corporation
Hyundai Glovis Co., Ltd.
Hyundai Rb Co., Ltd.
Hyundai Steel Company
Il Jin Nts Co., Ltd.
Inchang Electronics Co., Ltd.
J&K Korea Co., Ltd.
Jeil Industries Co., Ltd.
Jeil Metal Co., Ltd.
Jin Young Metal
Jun Il Co., Ltd.
[[Page 74407]]
KG Dongbu Steel Co., Ltd.
KG Steel Corporation
Kumkang Kind Co., Ltd.
Lg Electronics Inc.
Maxflex Corp.
Mitsubishi Corp. Korea
Mitsui Chemicals & Skc Polyurethane
Nexteel Co., Ltd.
POSCO and POSCO International Corporation \6\
Samsung Electronics Co., Ltd.
SeAH Steel Corporation
Sja Inc. (Korea)
Solvay Silica Korea
Soon Ho Co., Ltd.
Sumitomo Corp. Korea Ltd.
Sungjin Precision
Wintec Korea Inc.
Wonbangtech Co., Ltd.
The Netherlands: Certain Hot-Rolled Steel Flat 10/1/21-9/30/22
Products, A-421-813.................................
Tata Steel Ijmuiden B.V.
The People's Republic of China: Boltless Steel 10/1/21-9/30/22
Shelving Units Prepackaged For Sale, A-570-018......
Changshu Jiamei Metal Products Co., Ltd.
Fuzhou Rongyu Technology Co., Ltd.
Haifa (Ningbo) Office Equipment Co., Ltd.
HoiFat (Ningbo) Office Facilities Co., Ltd.
Lianfa Metal Product Co., Ltd
Lyon (Xiamen) Co.
Nanjing Dongsheng Shelf Mfg.
Ningbo Decko Metal Products Trade
Ningbo ETDZ Huixing Trade Co., Ltd.
Ningbo Ftz Firebird Imp.&Exp.
Ningbo Xinguang Rack Co., Ltd.
Ninghai Firebird Imp.&Exp.
Pronto Great China Corp.
Shenzhen Catch Technology
Shenzhen Yi Chen Technology Ltd.
Shenzhenshi Fengzhiyi Technology
Zhejiang Limai Metal Products Co
Zhejiang Rudi Furniture
The People's Republic of China: Electrolytic 10/1/21-9/30/22
Manganese Dioxide, A-570-919........................
Duracell (China) Limited
CVD Proceedings
India: Stainless Steel Flanges, C-533-878............ 1/1/21-12/31/21
BFN Forgings Private Limited
Chandan Steel Limited
Hilton Metal Forgings Limited
Pradeep Metals Limited, India
Republic of Korea: Certain Hot-Rolled Steel Flat 1/1/21-12/31/21
Products, C-580-884.................................
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company \7\
JFE Shoji Trade Korea Ltd.
POSCO
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation
POSCO International Corporation
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
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[[Page 74408]]
Suspension Agreements
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\5\ BFN Forgings Private Limited (formerly Bebitz Flanges Works
Pvt. Ltd.) is part of a collapsed entity with the following
companies: Viraj Impoexpo, Ltd.; Bebitz USA, Inc. (Bebitz USA);
Flanschen werk Bebitz GmbH (FBG); Viraj Alloys, Ltd.; Viraj
Forgings, Ltd.; Viraj Profiles Limited (Viraj); and Viraj USA, Inc.
(Viraj USA). See e.g., Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Critical Circumstance Determination, 83 FR 40745 (August
16, 2018).
\6\ Commerce previously treated POSCO and POSCO International
Corporation as a single entity. See Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 59985
(October 29, 2021), and accompanying Preliminary Decision
Memorandum, at 6-13, unchanged in Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 12660 (March 7, 2022).
\7\ This company may also be referred to as ``Hyundai Steel Co.,
Ltd.''
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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 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,\8\ available at <a href="http://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf">www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf</a>, 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.\9\
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\8\ 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
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 41363 (July 10, 2020).
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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.\10\ Commerce intends
to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable certification
requirements.
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\10\ See section 782(b) of the Act; see also Final Rule; and the
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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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.\11\ 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 <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>, prior to submitting factual information in these segments.
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\11\ See 19 CFR 351.302.
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These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: November 30, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2022-26404 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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