Initiation of Antidumping and Countervailing Duty Administrative Reviews

Federal RegisterMay 9, 2023

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

DATES:

Applicable May 9, 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 March 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.

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 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.

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://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

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://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.

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.

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 March 31, 2024.

Period to be

reviewed

AD Proceedings

BRAZIL: Certain Uncoated Paper, A-351-842

3/1/22-2/28/23

Suzano S.A.

Sylvamo do Brasil Ltda./Sylvamo Exports Ltda

GERMANY: Forged Steel Fluid Blocks, A-428-847

1/1/22-12/31/22

voestalpine Bohler Welding Group GmbH

INDIA: Certain New Pneumatic Off-The-Road Tires, A-533-869

3/1/22-2/28/23

Aakriti Manufacturing Pvt. Ltd

Apollo Tyres Ltd

Asian Tire Factory Ltd

ATC Tires Private Limited

Balkrishna Industries Ltd.

Cavendish Industries Ltd

Ceat Ltd

Celite Tyre Corporation

Emerald Resilient Tyre Manufacturer

HRI Tires India

JK Tyre & Industries Ltd

John Deere India Pvt. Ltd

K.R.M. Tyres

Mahansaria Tyres Private Limited

MRF Limited

MRL Tyres Limited

OTR Laminated Tyres (I) Pvt. Ltd

Royal Tyres Private Limited

Speedways Rubber Company

Sun Tyre And Wheel Systems

Sundaram Industries Private Limited

Tvs Srichakra Limited

Tyre Experts LLP

Ultra Mile

INDIA: Granular Polytetrafluoroethylene Resin, A-533-899

9/2/21-2/28/23

Gujarat Fluorochemicals Limited

PORTUGAL: Certain Uncoated Paper, A-471-807

3/1/22-2/28/23

The Navigator Company, S.A

RUSSIA: Granular Polytetrafluoroethylene Resin, A-821-829

9/2/21-2/28/23

HaloPolymer Kirovo-Chepetsk, LLC;

HaloPolymer Perm, OJSC; Limited Liability Company First Fluoroplastic Plant; HaloPolymer OJSC; Limited Liability Company Trading House HaloPolymer

TAIWAN: Light-Walled Welded Rectangular Carbon Steel Tubing, A-583-803

3/1/22-2/28/23

Hoa Phat Steel Pipe Company Limited

THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A-549-502

3/1/22-2/28/23

Apex International Logistics

Aquatec Maxcon Asia

Asian Unity Part Co., Ltd

Better Steel Pipe Company Limited

Bis Pipe Fitting Industry Co., Ltd

Blue Pipe Steel Center Co. Ltd

Chuhatsu (Thailand) Co., Ltd

CSE Technologies Co., Ltd

Expeditors International (Bangkok)

Expeditors Ltd

FS International (Thailand) Co., Ltd

Kerry-Apex (Thailand) Co., Ltd

K Line Logistics

Oil Steel Tube (Thailand) Co., Ltd

Otto Ender Steel Structure Co., Ltd

Pacific Pipe and Pump

Pacific Pipe Public Company Limited

Panalpina World Transport Ltd

Polypipe Engineering Co., Ltd

Saha Thai Steel Pipe Public Co., Ltd

Schlumberger Overseas S.A

Siam Fittings Co., Ltd

Siam Steel Pipe Co., Ltd

Sino Connections Logistics (Thailand) Co., Ltd

Thai Malleable Iron and Steel

Thai Oil Group

Thai Oil Pipe Co., Ltd

Thai Premium Pipe Co., Ltd

Vatana Phaisal Engineering Company

Visavakit Patana Corp., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, A-570-122

3/1/22-2/28/23

Alfa Aesar China Chemical Co., Ltd

Anhui Trust Chem Co., Ltd

Focus Chemical B.V

Gold Chemical Limited

Haruno Sangyo Kaisha, Ltd

Jiangsu Trust Chem Co., Ltd

Jiangyin Delian Chemical Co., Ltd

Johoku Chemical Co., Ltd

Kanghua Chemical Co., Ltd

KD Finechem Co., Ltd

Nanjing Trust Chem Co., Ltd

Nantong Botao Chemical Co., Ltd

New Essential Corp

Sagar Speciality Chemicals Pvt., Ltd

Shanghai Sunwise Chemical Co., Ltd

Sinochem Pharmaceutical Co., Ltd

Tianjin Jinbin International Trade

TotalEnergies Lubrifiants

Vcare Medicines

Wuxi Base International Trade Co., Ltd

Xiamen Amity Industry & Trade Co., Ltd

Yasho Industries Pvt. Ltd

Zaozhuang Kerui Chemicals Co., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 225C and 999CC, and Parts Thereof, A-570-119

3/1/22-2/28/23

Changzhou Kawasaki Engine Co., Ltd

Chongqing Dajiang Power Equipment Co., Ltd

Chongqing Rato Technology Co., Ltd

Chongqing Zongshen General Power Machine Co., Ltd

Honda Power Products (China) Co., Ltd

Jialing-Honda Motors Co., Ltd

Kawasaki Motors Corp., U.S.A

Kawasaki Motors Shanghai, Ltd

Liquid Combustion Technology, LLC

Loncin Motor Co., Ltd

Longwin Power Technology

Yamaha Motor Corporation

Yamaha Motor (China) Co., Ltd

Yamaha Motor Powered Products Jiangsu Co., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Difluoromethane, A-570-121

3/1/22-2/28/23

Taizhou Qingsong Refrigerant New Material Co., Ltd

Zhejiang Sanmei Chemical Industry Co., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Glycine, A-570-836

3/1/22-2/28/23

Aqua Bond Inc

Baoding Mantong Fine Chemistry Co., Ltd

Blue Science Ltd

GFR Pharmaceuticals, Inc

Guangzhou ZIO Chemical Co., Ltd

Hebei Huayang Biological Technology Co., Ltd

Hebei Pushiyongdao Trade Co., Ltd. (also known as Hebei Pushi Yongdao Trade Co., Ltd

Hengshui Changhao Borunke Trade Co., Ltd

Jiangsu Inter China Group Corp

Keele Warehousing & Logistics Distribution Inc

Neptune Supply Chain Technology Shanghai Ltd

Ningbo Create-Bio Engineering Co., Ltd

Polifar Group Limited

Qingdao Haosail Science Co., Ltd

Shanghai Yunyuan Trading Co., Ltd

Shijiazhuang Dingwei Trading Co., Ltd

Shijiazhuang Haitian Amino Acid Co., Ltd

Suzhou Win Health International Co., Ltd

Yantai Zhaoyi Biotechnology Co., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Pentafluoroethane (R-125), A-570-137

8/17/21-2/28/23

Huantai Dongyue International Trade Co. Ltd

Shandong Dongyue Chemical Co., Ltd

Zhejiang Sanmei Chemical Ind. Co., Ltd

Zhejiang Sanmei Chemical Industry. Co., Ltd

Zhejiang Yonghe Refrigerant Co., Ltd

CVD Proceedings

GERMANY: Forged Steel Fluid Blocks, C-428-848

1/1/22-12/31/22

voestalpine Bohler Welding Group GmbH

INDIA: Certain New Pneumatic Off-The-Road Tires, C-533-870

1/1/22-12/31/22

Aakriti Manufacturing Pvt. Ltd

Apollo Tyres Ltd

Asian Tire Factory Limited

Asiatic Tradelinks Private Limited

ATC Tires Private Limited

Balkrishna Industries Ltd

Cavendish Industries Ltd

Ceat Ltd

Celite Tyre Corporation

Emerald Resilient Tyre Manufacturer

Forech India Private Limited

HRI Tires India

Innovative Tyres & Tubes Limited

JK Tyre & Industries Ltd

John Deere India Pvt. Ltd

K.R.M. Tyres

Mahansaria Tyres Private Limited

MRF Limited

MRL Tyres Limited (Malhotra Rubbers Ltd.)

Neosym Industry Limited

OTR Laminated Tyres (I) Pvt. Ltd

Royal Tyres Private Limited

Rubberman Enterprises Pvt. Ltd

Speedways Rubber Company

Sun Tyre And Wheel Systems

Sundaram Industries Private Limited

Superking Manufacturers (Tyre) Pvt., Ltd

TVS Srichakra Limited

Ultra Mile

INDIA: Granular Polytetrafluoroethylene Resin, C-533-900

7/6/21-12/31/22

Gujarat Fluorochemicals Limited

INDIA: Sulfanilic Acid, C-533-807

1/1/22-12/31/22

Government of India

RUSSIA: Granular Polytetrafluoroethylene Resin, C-821-830

7/6/21-12/31/22

HaloPolymer Kirovo-Chepetsk, LLC; Joint Stock Company HaloPolymer Perm; Joint Stock Company HaloPolymer; URALCHEM JSC

OJSC

THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, C-570-123

1/1/22-12/31/22

Alfa Aesar China Chemical Co. Ltd

Anhui Trust Chem Co., Ltd

Nanjing Trust Chem Co., Ltd

Jiangsu Trust Chem. Co., Ltd

Focus Chemical B.V

Gold Chemical Limited

Haruno Sangyo Kaisha, Ltd

Jiangyin Delian Chemical Co., Ltd

Johoku Chemical Co., Ltd

Kanghua Chemical Co., Ltd. (formerly, Nantong Kanghua Chemical Co., Ltd.)

KD Finechem Co., Ltd

Nantong Botao Chemical Co., Ltd.; Nantong Yutu Group Co., Ltd.

New Essential Corp

Sagar Speciality Chemicals Pvt., Ltd

Shanghai Sunwise Chemical Co., Ltd

Sinochem Pharmaceutical Co., Ltd

Tianjin Jinbin International Trade

TotalEnergies Lubrifiants

Vcare Medicines

Wuxi Base International Trade Co., Ltd

Xiamen Amity Industry & Trade Co., Ltd

Yasho Industries Pvt. Ltd

Zaozhuang Kerui Chemicals Co., Ltd

THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 225C and 999CC, and Parts Thereof, C-570-120

1/1/22-12/31/22

Changzhou Kawasaki Engine Co., Ltd

Chongqing Dajiang Power Equipment Co., Ltd

Chongqing Rato Technology Co., Ltd

Chongqing Zongshen General Power Machine Co., Ltd

Honda Power Products (China) Co., Ltd

Jialing-Honda Motors Co., Ltd

Kawasaki Motors Corp., U.S.A

Kawasaki Motors Shanghai, Ltd

Liquid Combustion Technology, LLC

Loncin Motor Co., Ltd

Longwin Power Technology

Yamaha Motor Corporation

Yamaha Motor (China) Co., Ltd

Yamaha Motor Powered Products Jiangsu Co., Ltd

Suspension Agreements

None.

Commerce also received a request for review of Suzano Papel e Celulose S.A. However, prior to the period of review, Commerce determined that Suzano S.A. is the successor-in-interest to Suzano Papel e Celulose S.A.

See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020,

86 FR 55820 (October 7, 2021). Therefore, we are initiating this review on Suzano S.A.

Commerce hereby corrects the name of this company as listed in the

Initiation of Antidumping and Countervailing Duty Administrative Reviews,

88 FR 15642, 15649 (March 14, 2023).

Subject merchandise produced and exported by Balkrishna Industries Ltd. (BKT) was excluded from the order.

See Certain New Pneumatic Off-the-Road Tires from India: Notice of Correction to Antidumping Duty Order,

82 FR 25598 (June 2, 2017). Accordingly, Commerce is initiating this administrative review with respect to BKT only for subject merchandise produced in India where BKT acted as either the manufacturer or exporter (but not both).

HaloPolymer Kirovo-Chepetsk, LLC's request for review included HaloPolymer Trading, Inc., which is a U.S. importer. Commerce does not conduct reviews of U.S. importers;

see

19 CFR 351.213(b)(1).

Commerce hereby corrects the name of this company as listed in the

Initiation of Antidumping and Countervailing Duty Administrative Reviews,

88 FR 15642, 15656 (March 14, 2023).

HaloPolymer Kirovo-Chepetsk, LLC's request for review included HaloPolymer Trading, Inc., which is a U.S. importer. Commerce does not conduct reviews of U.S. importers;

see

19 CFR 351.213(b)(1).

Commerce previously found Nantong Botao Chemical Co., Ltd. and Nantong Yutu Group Co., Ltd. to be cross-owned.

See Certain Corrosion Inhibitors from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination,

85 FR 41960 (July 13, 2020), and accompanying Preliminary Decision Memorandum at 8-9, unchanged in

Certain Corrosion Inhibitors from the People's Republic of China: Final Affirmative Countervailing Duty Determination,

86 FR 7537 (January 29, 2021).

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

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.

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

78 FR 42678 (July 17, 2013) (

Final Rule

);