Initiation of Antidumping and Countervailing Duty

82268 Notices Federal Register Vol. 76, No. 251 Friday, December 30, 2011 This section of the FEDERAL REGISTER the number of calendar days from the will not conduct collapsing analyses at contains documents other than rules or applicable starting time. the respondent selection phase of this proposed rules that are applicable to the review and will not collapse companies Notice of No Sales public. Notices of hearings and investigations, at the respondent selection phase unless committee meetings, agency decisions and If a producer or exporter named in there has been a determination to rulings, delegations of authority, filing of this notice of initiation had no exports, collapse certain companies in a petitions and applications and agency sales, or entries during the period of statements of organization and functions are previous segment of this antidumping examples of documents appearing in this review (‘‘POR’’), it must notify the proceeding (i.e., investigation, section. Department within 60 days of administrative review, new shipper publication of this notice in the Federal review or changed circumstances Register. All submissions must be filed review). For any company subject to this DEPARTMENT OF COMMERCE electronically at http://iaaccess.trade. review, if the Department determined, gov in accordance with 19 CFR 351.303. or continued to treat, that company as International Trade Administration See Antidumping and Countervailing collapsed with others, the Department Duty Proceedings: Electronic Filing will assume that such companies Initiation of Antidumping and Procedures; Administrative Protective continue to operate in the same manner Countervailing Duty Administrative Order Procedures, 76 FR 39263 (July 6, and will collapse them for respondent Reviews and Request for Revocation 2011). Such submissions are subject to selection purposes. Otherwise, the in Part verification in accordance with section Department will not-collapse companies 782(i) of the Tariff Act of 1930, as AGENCY: Import Administration, for purposes of respondent selection. amended (‘‘Act’’). Further, in Parties are requested to (a) identify International Trade Administration, accordance with 19 CFR Department of Commerce. which companies subject to review 351.303(f)(3)(ii), a copy of each request previously were collapsed, and (b) SUMMARY: The Department of Commerce must be served on the petitioner and (‘‘the Department’’) has received provide a citation to the proceeding in each exporter or producer specified in which they were collapsed. Further, if requests to conduct administrative the request. reviews of various antidumping and companies are requested to complete countervailing duty orders and findings Respondent Selection the Quantity and Value Questionnaire with November anniversary dates. In In the event the Department limits the for purposes of respondent selection, in accordance with the Department’s number of respondents for individual general each company must report regulations, we are initiating those examination for administrative reviews, volume and value data separately for administrative reviews. The Department the Department intends to select itself. Parties should not include data also received a request to revoke one respondents based on U.S. Customs and for any other party, even if they believe antidumping duty order in part. Border Protection (‘‘CBP’’) data for U.S. they should be treated as a single entity with that other party. If a company was DATES: Effective Date: December 30, imports during the POR. We intend to collapsed with another company or 2011. release the CBP data under Administrative Protective Order companies in the most recently FOR FURTHER INFORMATION CONTACT: (‘‘APO’’) to all parties having an APO completed segment of this proceeding Brenda Waters, Office of AD/CVD within seven days of publication of this where the Department considered Operations, Customs Unit, Import initiation notice and to make our collapsing that entity, complete quantity Administration, International Trade decision regarding respondent selection and value data for that collapsed entity Administration, U.S. Department of within 21 days of publication of this must be submitted. Commerce, 14th Street and Constitution Federal Register notice. The Avenue NW., Washington, DC 20230, Deadline for Withdrawal of Request for Department invites comments regarding Administrative Review telephone: (202) 482–4735. the CBP data and respondent selection SUPPLEMENTARY INFORMATION: within five days of placement of the Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may Background CBP data on the record of the applicable review. withdraw that request within 90 days of The Department has received timely In the event the Department decides the date of publication of the notice of requests, in accordance with 19 CFR it is necessary to limit individual initiation of the requested review. The 351.213(b), for administrative reviews of examination of respondents and regulation provides that the Department various antidumping and countervailing conduct respondent selection under may extend this time if it is reasonable duty orders and findings with section 777A(c)(2) of the Act: to do so. In order to provide parties November anniversary dates. The In general, the Department has found additional certainty with respect to Department also received a timely that determinations concerning whether when the Department will exercise its request to revoke in part the particular companies should be discretion to extend this 90-day antidumping duty order on Fresh Garlic ‘‘collapsed’’ (i.e., treated as a single deadline, interested parties are advised from the People’s Republic of China for entity for purposes of calculating that, with regard to reviews requested one exporter. antidumping duty rates) require a on the basis of anniversary months on All deadlines for the submission of substantial amount of detailed or after August 2011, the Department various types of information, information and analysis, which often does not intend to extend the 90-day certifications, or comments or actions by require follow-up questions and deadline unless the requestor the Department discussed below refer to analysis. Accordingly, the Department demonstrates that an extraordinary VerDate Mar<15>2010 19:02 Dec 29, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Notices 82269 circumstance has prevented it from All firms listed below that wish to limited to, changes to corporate submitting a timely withdrawal request. qualify for separate rate status in the structure, acquisitions of new Determinations by the Department to administrative reviews involving NME companies or facilities, or changes to extend the 90-day deadline will be countries must complete, as their official company name,2 should made on a case-by-case basis. appropriate, either a separate rate timely file a Separate Rate Application application or certification, as described to demonstrate eligibility for a separate Separate Rates below. For these administrative reviews, rate in this proceeding. The Separate In proceedings involving non-market in order to demonstrate separate rate Rate Status Application will be economy (‘‘NME’’) countries, the eligibility, the Department requires available on the Department’s Web site Department begins with a rebuttable entities for whom a review was at http://www.trade.gov/ia on the date of presumption that all companies within requested, that were assigned a separate publication of this Federal Register the country are subject to government rate in the most recent segment of this notice. In responding to the Separate control and, thus, should be assigned a proceeding in which they participated, Rate Status Application, refer to the single antidumping duty deposit rate. It to certify that they continue to meet the instructions contained in the is the Department’s policy to assign all criteria for obtaining a separate rate. The application. Separate Rate Status exporters of merchandise subject to an Separate Rate Certification form will be Applications are due to the Department administrative review in an NME available on the Department’s Web site no later than 60 calendar days of country this single rate unless an at http://www.trade.gov/ia on the date of publication of this Federal Register publication of this Federal Register exporter can demonstrate that it is notice. The deadline and requirement notice. In responding to the for submitting a Separate Rate Status sufficiently independent so as to be certification, please follow the Application applies equally to NME- entitled to a separate rate. ‘‘Instructions for Filing the owned firms, wholly foreign-owned To establish whether a firm is Certification’’ in the Separate Rate firms, and foreign sellers that purchase sufficiently independent from Certification. Separate Rate and export subject merchandise to the government control of its export Certifications are due to the Department United States. activities to be entitled to a separate no later than 60 calendar days after For exporters and producers who rate, the Department analyzes each publication of this Federal Register submit a separate-rate status application entity exporting the subject notice. The deadline and requirement or certification and subsequently are merchandise under a test arising from for submitting a

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