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Federal Register/Vol. 77, No. 187/Wednesday, September 26 59168 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Notices DEPARTMENT OF COMMERCE Such submissions are subject to provide a citation to the proceeding in verification in accordance with section which they were collapsed. Further, if International Trade Administration 782(i) of the Tariff Act of 1930, as companies are requested to complete amended (‘‘Act’’). Further, in the Quantity and Value Questionnaire Initiation of Antidumping and accordance with 19 CFR for purposes of respondent selection, in Countervailing Duty Administrative 351.303(f)(3)(ii), a copy of each request general each company must report Reviews and Request for Revocation must be served on the petitioner and volume and value data separately for in Part each exporter or producer specified in itself. Parties should not include data AGENCY: Import Administration, the request. for any other party, even if they believe they should be treated as a single entity International Trade Administration, Respondent Selection Department of Commerce. with that other party. If a company was In the event the Department limits the SUMMARY: The Department of Commerce collapsed with another company or number of respondents for individual (‘‘the Department’’) has received companies in the most recently examination for administrative reviews, requests to conduct administrative completed segment of this proceeding the Department intends to select reviews of various antidumping and where the Department considered respondents based on U.S. Customs and countervailing duty orders and findings collapsing that entity, complete quantity Border Protection (‘‘CBP’’) data for U.S. with August anniversary dates. In and value data for that collapsed entity imports during the POR. We intend to accordance with the Department’s must be submitted. release the CBP data under regulations, we are initiating those Administrative Protective Order Deadline for Withdrawal of Request for administrative reviews. The Department (‘‘APO’’) to all parties having an APO Administrative Review also received a request to revoke one within seven days of publication of this Pursuant to 19 CFR 351.213(d)(1), a antidumping duty order in part. initiation notice and to make our party that has requested a review may DATES: Effective Date: September 26, decision regarding respondent selection withdraw that request within 90 days of 2012.. within 21 days of publication of this the date of publication of the notice of FOR FURTHER INFORMATION CONTACT: Federal Register notice. The initiation of the requested review. The Brenda E. Waters, Office of AD/CVD Department invites comments regarding regulation provides that the Department Operations, Customs Unit, Import the CBP data and respondent selection may extend this time if it is reasonable Administration, International Trade within five days of placement of the to do so. In order to provide parties Administration, U.S. Department of CBP data on the record of the applicable additional certainty with respect to Commerce, 14th Street and Constitution review. when the Department will exercise its Avenue NW., Washington, DC 20230, In the event the Department decides discretion to extend this 90-day telephone: (202) 482–4735. it is necessary to limit individual deadline, interested parties are advised SUPPLEMENTARY INFORMATION: examination of respondents and that, with regard to reviews requested conduct respondent selection under on the basis of anniversary months on Background section 777A(c)(2) of the Act: or after August 2011, the Department The Department has received timely In general, the Department has found does not intend to extend the 90-day requests, in accordance with 19 CFR that determinations concerning whether deadline unless the requestor 351.213(b), for administrative reviews of particular companies should be demonstrates that an extraordinary various antidumping and countervailing ‘‘collapsed’’ (i.e., treated as a single circumstance has prevented it from duty orders and findings with August entity for purposes of calculating submitting a timely withdrawal request. anniversary dates. The Department also antidumping duty rates) require a Determinations by the Department to received a timely request to revoke in substantial amount of detailed extend the 90-day deadline will be part the antidumping duty order on information and analysis, which often made on a case-by-case basis. Certain Frozen Fish Fillets from the require follow-up questions and Separate Rates Socialist Republic of Vietnam for two analysis. Accordingly, the Department exporters. will not conduct collapsing analyses at In proceedings involving non-market All deadlines for the submission of the respondent selection phase of this economy (‘‘NME’’) countries, the various types of information, review and will not collapse companies Department begins with a rebuttable certifications, or comments or actions by at the respondent selection phase unless presumption that all companies within the Department discussed below refer to there has been a determination to the country are subject to government the number of calendar days from the collapse certain companies in a control and, thus, should be assigned a applicable starting time. previous segment of this antidumping single antidumping duty deposit rate. It proceeding (i.e., investigation, is the Department’s policy to assign all Notice of No Sales administrative review, new shipper exporters of merchandise subject to an If a producer or exporter named in review or changed circumstances administrative review in an NME this notice of initiation had no exports, review). For any company subject to this country this single rate unless an sales, or entries during the period of review, if the Department determined, exporter can demonstrate that it is review (‘‘POR’’), it must notify the or continued to treat, that company as sufficiently independent so as to be Department within 60 days of collapsed with others, the Department entitled to a separate rate. publication of this notice in the Federal will assume that such companies To establish whether a firm is Register. All submissions must be filed continue to operate in the same manner sufficiently independent from electronically at http:// and will collapse them for respondent government control of its export iaaccess.trade.gov in accordance with selection purposes. Otherwise, the activities to be entitled to a separate 19 CFR 351.303. See Antidumping and Department will not collapse companies rate, the Department analyzes each Countervailing Duty Proceedings: for purposes of respondent selection. entity exporting the subject Electronic Filing Procedures; Parties are requested to (a) identify merchandise under a test arising from Administrative Protective Order which companies subject to review the Final Determination of Sales at Less Procedures, 76 FR 39263 (July 6, 2011). previously were collapsed, and (b) Than Fair Value: Sparklers from the VerDate Mar<15>2010 17:27 Sep 25, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Notices 59169 People’s Republic of China, 56 FR 20588 ‘‘Instructions for Filing the notice. In responding to the Separate (May 6, 1991), as amplified by Final Certification’’ in the Separate Rate Rate Status Application, refer to the Determination of Sales at Less Than Certification. Separate Rate instructions contained in the Fair Value: Silicon Carbide from the Certifications are due to the Department application. Separate Rate Status People’s Republic of China, 59 FR 22585 no later than 60 calendar days after Applications are due to the Department (May 2, 1994). In accordance with the publication of this Federal Register no later than 60 calendar days of separate rates criteria, the Department notice. The deadline and requirement publication of this Federal Register assigns separate rates to companies in for submitting a Certification applies notice. The deadline and requirement NME cases only if respondents can equally to NME-owned firms, wholly for submitting a Separate Rate Status demonstrate the absence of both de jure foreign-owned firms, and foreign sellers Application applies equally to NME- and de facto government control over who purchase and export subject owned firms, wholly foreign-owned export activities. merchandise to the United States. firms, and foreign sellers that purchase All firms listed below that wish to Entities that currently do not have a and export subject merchandise to the qualify for separate rate status in the separate rate from a completed segment United States. administrative reviews involving NME of the proceeding 1 should timely file a countries must complete, as Separate Rate Application to For exporters and producers who appropriate, either a separate rate demonstrate eligibility for a separate submit a separate-rate status application application or certification, as described rate in this proceeding. In addition, or certification and subsequently are below. For these administrative reviews, companies that received a separate rate selected as mandatory respondents, in order to demonstrate separate rate in a completed segment of the these exporters and producers will no eligibility, the Department requires proceeding that have subsequently longer be eligible for separate rate status entities for whom a review was made changes, including, but not unless they respond to all parts
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