Initiation of Antidumping and Countervailing Duty Administrative Reviews

Federal RegisterDec 8, 2020

Ask Donna

What actually matters in this document.

Text

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 and findings with October anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

DATES:

Applicable December 8, 2020.

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 and findings 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

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.

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.

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 30 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.

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.

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://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 Commerce no later than 30 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

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,

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://enforcement.trade.gov/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.

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.

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.

For exporters and producers who submit a Separate Rate 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 AD and CVD orders and findings. We intend to issue the final results of these reviews not later than October 31, 2021.

Period to be reviewed

AD Proceedings

AUSTRALIA: Hot-Rolled Steel Flat Products, A-602-809

10/1/19-9/30/20

BlueScope Steel, Ltd

BRAZIL: Hot-Rolled Steel Flat Products, A-351-845

10/1/19-9/30/20

Aperam Inox America Do Sul S.A

Arcelormittal Brasil S.A

Companhia Siderúrgica Do Pecém (CSP)

Gerdau Açominas S.A

Gerdau Summit Acos Fundidos e Forjados S.A

Lámina Desplegada S.A. de C.V

MAHLE Metal Leve S.A

NVent do Brasil Eletrometalurgica Ltda

Prensas Schuler S.A

Signode Brasileira Ltda

Ternium Brasil Ltda

Usinas Siderúrgicas de Minas Gerais S.A. (Usiminas)

INDIA: Stainless Steel Flanges, A-533-877

10/1/19-9/30/20

Ae Engineers & Exporters

Arien Global

Armstrong International Pvt. Ltd

Avini Metal Limited

Balkrishna Steel Forge Pvt. Ltd

Bebitz Flanges Works Pvt. Ltd

Bee Gee Enterprises

BFN Forgings Private Limited (formerly Bebitz Flanges Works Private Limited)

Broadway Overseas Ltd

Bsl Freight Solutions Pvt., Ltd

CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd)

Chandan Steel Limited

Cipriani Harrison Valves Pvt. Ltd

CTL Logistics (India) Pvt. Ltd

Dongguan Good Luck Furniture Industrial Co., Ltd

DSV Air and Sea Pvt. Ltd

DSV Logistics

Echjay Forgings Pvt. Ltd

Fivebros Forgings Pvt. Ltd

Fluid Controls Pvt. Ltd

G.I. Auto Pvt. Ltd

Geodis Oversea Pvt., Ltd

Globelink WW India Pvt., Ltd

Good Luck Engineering Co

Goodluck India Ltd

Hilton Metal Forging Limited

Jai Auto Pvt. Ltd

Jay Jagdamba Forgings Private Limited

Jay Jagdamba Limited

Jay Jagdamba Ltd

Jay Jagdamba Profile Private Limited

Katariya Steel Distributors

Kisaan Die Tech

Kunj Forgings Pvt. Ltd

Lotus CNC Components

Montane Shipping Pvt., Ltd

Motor Aids

Noble Shipping Pvt. Ltd

Paramount Forge

Pashupati Ispat Pvt. Ltd

Pashupati Tradex Pvt., Ltd

Peekay Steel Castings Pvt. Ltd

Pradeep Metals Ltd

R D Forge Pvt., Ltd

Rolex Fittings India Pvt. Ltd

Rollwell Forge Pvt. Ltd

Safewater Lines (I) Pvt. Ltd

Saini Flange Pvt. Ltd

SAR Transport Systems

Shilpan Steelcast Pvt. Ltd

Shree Jay Jagdamba Flanges Private Limited

Teamglobal Logistics Pvt. Ltd

Technical Products Corporation

Technocraft Industries India Ltd

Transworld Enterprises

Transworld Global Logistics Solutions (India) Pvt. Ltd

Transworld Group

VEEYES Engineering Pvt. Ltd

Viraj Profiles Ltd

Vishal Shipping Agencies Pvt. Ltd

Yusen Logistics (India) Pvt. Ltd

JAPAN: Certain Hot-Rolled Steel Flat Products, A-588-874

10/1/19-9/30/20

HANWA Co., Ltd

Higuchi Manufacturing America, LLC

Higuchi Seisakusho Co., Ltd

Hitachi Metals, Ltd

Honda Trading Canada, Inc

JFE Steel Corporation

JFE Shoji Trade America

JFE Shoji Trade Corporation

Kanematsu Corporation

Kobe Steel, Ltd

Metal One Corporation

Mitsui & Co., Ltd

Miyama Industry Co., Ltd

Nakagawa Special Steel Inc

Nippon Steel & Sumikin Bussan Corporation

Nippon Steel & Sumikin Logistics Co., Ltd

Nippon Steel & Sumitomo Metal Corporation

Nippon Steel Corporation

Nippon Steel Trading Corporation (formerly Nippon Steel & Sumikin Bussan Corporation)

Nisshin Steel Co., Ltd

OKAYA & Co., Ltd

Panasonic Corporation

Saint-Gobain K.K

Shinsho Corporation

Sumitomo Corporation

Suzukaku Co., Ltd

Suzukaku Corporation

Tokyo Steel Manufacturing Co., Ltd

Toyota Tsusho Corporation Nagoya

MEXICO: Refillable Stainless Steel Kegs, A-201-849

10/9/19-9/30/20

Cerveceria Cuauhtemoc Moctezuma S.A. de C.V

Europartners Mexico S.A. de C.V

Grupo de Intercambio Comercial S.A. de C.V

Thielmann Mexico S.A. de C.V

MEXICO: Carbon and Certain Alloy Steel Wire Rod, A-201-830

10/1/19-9/30/20

ArcelorMittal Las Truchas, 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

REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, A-580-883

10/1/19-9/30/20

Dongkuk Industries Co., Ltd

Dongkuk Steel Mill Co., Ltd

Hyundai Steel Company

KG Dongbu Steel Co., Ltd

Marubeni-Itochu Steel Korea, Ltd

POSCO

POSCO Daewoo Corporation

Snp Ltd

Soon Hong Trading Co

Sungjin Co., Ltd

THAILAND: Glycine, A-549-837

8/5/19-9/30/20

Newtrend Food Ingredient (Thailand) Co., Ltd

THE NETHERLANDS: Certain Hot-Rolled Steel Flat Products, A-421-813

10/1/19-9/30/20

Tata Steel Ijmuiden BV

TURKEY: Certain Hot-Rolled Steel Flat Products, A-489-826

10/1/19-9/30/20

Agir Haddecilik AS

Cag Celik Demir ve Celik

Colakoglu Metalurji, AS/Colakoglu Dis Ticaret AS

Eregli Demir ve Celik Fabrikalari T.A.S

Gazi Metal Mamulleri Sanayi Ve Ticaret AS

Habas Industrial and Medical Gases Production Industries Inc

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi

Iskenderun Iron & Steel Works Co

Kayseri Metal Center San. ve Tic. AS

Kibar Group (Kibar Dis Ticaret A.S.)

MMK Atakas Metalurji

Ozkan lron and Steel lnd

Seametal San ve Dis Tic

Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac)

UKRAINE: Oil Country Tubular Goods

, A-823-815

7/10/19-6/30/20

CVD Proceedings

BRAZIL: Certain Hot-Rolled Steel Flat Products, C-351-846

1/1/19-12/31/19

Aperam Inox America Do Sul S.A

Arcelormittal Brasil S.A

Companhia Siderúrgica Do Pecem (CSP)

Gerdau Açominas S.A

Gerdau Summit Acos Fundidos e Forjados S.A

Lámina Desplegada S.A. de C.V

MAHLE Metal Leve S.A

NVent do Brasil Eletrometalurgica Ltda

Prensas Schuler S.A

Signode Brasileira Ltda

Ternium Brasil Ltda

Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)

INDIA: Stainless Steel Flanges, C-533-878

1/1/19-12/31/19

Arien Global

Arien Metals Private Limited

Armstrong International Pvt. Ltd

Avini Metal Limited

Balkrishna Steel Forge Pvt. Ltd

Bebitz Flanges Works Pvt. Ltd

Bee Gee Enterprises

BFN Forgings Private Limited

Bsl Freight Solutions Pvt., Ltd

CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd)

Chandan Steel Limited

Cipriani Harrison Valves Pvt. Ltd

CTL Logistics (India) Pvt. Ltd

Dongguan Good Luck Furniture Industrial Co., Ltd

DSV Air and Sea Pvt. Ltd

DSV Logistics

Echjay Forgings Pvt. Ltd

Fivebros Forgings Pvt. Ltd

Fluid Controls Pvt. Ltd

Geodis Oversea Pvt., Ltd

Globelink WW India Pvt., Ltd

Good Luck Engineering Co

Goodluck India Ltd

Hilton Metal Forging Limited

Jai Auto Pvt. Ltd

Jay Jagdamba Limited

Jay Jagdamba Profile Private Limited

Jay Jagdamba Forgings Private Limited

Katariya Steel Distributors

Kisaan Die Tech Pvt. Ltd

Kunj Forgings Pvt. Ltd

Montane Shipping Pvt., Ltd

Noble Shipping Pvt. Ltd

Paramount Forge

Pashupati Ispat Pvt. Ltd

Pashupati Tradex Pvt., Ltd

Peekay Steel Castings Pvt. Ltd

Pradeep Metals Ltd

R D Forge Pvt., Ltd

Rolex Fittings India Pvt. Ltd

Rollwell Forge Pvt. Ltd

Safewater Lines (I) Pvt. Ltd

Saini Flange Pvt. Ltd

SAR Transport Systems

Shilpan Steelcast Pvt. Ltd

Shree Jay Jagdamba Flanges Private Limited

Teamglobal Logistics Pvt. Ltd

Technical Products

Technical Products Corporation

Technocraft Industries India Ltd

Transworld Enterprises

Transworld Global Logistics Solutions (India) Pvt. Ltd

Transworld Group

VEEYES Engineering Pvt. Ltd

Viraj Profiles Ltd

Vishal Shipping Agencies Pvt. Ltd

Yusen Logistics (India) Pvt. Ltd

REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, C-580-884

1/1/19-12/31/19

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

JFE Shoji Trade Korea Ltd

POSCO

POSCO Coated & Color Steel Co., Ltd

POSCO Daewoo Corporation

Soon Hong Trading Co., Ltd

Sung-A Steel Co., Ltd

Suspension Agreements

None.

Commerce found that BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Distribution Pty Ltd are affiliated with BlueScope Steel, Ltd, the company for which a review was requested, as such, is initiating this review with respect to all three companies.

See Certain Hot-Rolled Steel Flat Products from Australia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination,

81 FR 15241 (March 22, 2016), and accompanying Preliminary Decision Memorandum at 8; unchanged in

Certain Hot-Rolled Steel Flat Products from Australia: Final Determination of Sales at Less Than Fair Value,

81 FR 53406, 53407 (August 12, 2016), and accompanying Issues and Decision Memorandum.

In the final determination, Commerce continued to find that Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. are a single entity—Colakoglu.

See Certain Hot-Rolled Steel Flat Products from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value,

81 FR 53428 (August 12, 2016). Certain Hot-Rolled Steel Flat Products from Turkey produced and exported by Colakoglu were excluded from the order effective May 15, 2020.

See Certain Hot-Rolled Steel Flat Products from Turkey: Notice of Court Decision Not in Harmony with the Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination, Amended Antidumping Duty Order, Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of the 2017-18 and 2018-19 Antidumping Duty Administrative Reviews, in Part,

85 FR 29399 (May 15, 2020). Accordingly, we are initiating this administrative review with respect to Colakoglu only for Certain Hot-Rolled Flat Products produced in Turkey where Colakoglu acted as either the manufacturer or exporter (but not both).

In the initiation notice that published on September 3, 2020 (85 FR 54983) Commerce inadvertently listed the wrong period of review for the referenced case above. The correct POR is listed in this notice.

This company may also be referenced as “Hyundai Steel Co., Ltd”.

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

available at

https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt,

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.

See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings,

78 FR 42678 (July 17, 2013) (

Final Rule

);