Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request For
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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Notices 6291 DEPARTMENT OF COMMERCE each exporter or producer specified in itself. Parties should not include data the request. for any other party, even if they believe International Trade Administration they should be treated as a single entity Respondent Selection with that other party. If a company was Initiation of Antidumping and In the event the Department limits the collapsed with another company or Countervailing Duty Administrative number of respondents for individual companies in the most recently Reviews and Request for Revocation examination for administrative reviews, completed segment of this proceeding in Part the Department intends to select where the Department considered respondents based on U.S. Customs and collapsing that entity, complete quantity AGENCY: Import Administration, Border Protection (‘‘CBP’’) data for U.S. International Trade Administration, and value data for that collapsed entity imports during the POR. We intend to must be submitted. Department of Commerce. release the CBP data under SUMMARY: The Department of Commerce Administrative Protective Order Deadline for Withdrawal of Request for (‘‘the Department’’) has received (‘‘APO’’) to all parties having an APO Administrative Review requests to conduct administrative within seven days of publication of this Pursuant to 19 CFR 351.213(d)(1), a reviews of various antidumping and initiation notice and to make our party that has requested a review may countervailing duty orders and findings decision regarding respondent selection withdraw that request within 90 days of with December anniversary dates. In within 21 days of publication of this the date of publication of the notice of accordance with the Department’s Federal Register notice. The initiation of the requested review. The regulations, we are initiating those Department invites comments regarding regulation provides that the Department administrative reviews. the CBP data and respondent selection may extend this time if it is reasonable DATES: Effective Date: January 30, 2013. within five days of placement of the to do so. In order to provide parties CBP data on the record of the applicable additional certainty with respect to FOR FURTHER INFORMATION CONTACT: review. when the Department will exercise its Brenda E. Waters, Office of AD/CVD In the event the Department decides discretion to extend this 90-day Operations, Customs Unit, Import it is necessary to limit individual deadline, interested parties are advised Administration, International Trade examination of respondents and that the Department does not intend to Administration, U.S. Department of conduct respondent selection under extend the 90-day deadline unless the Commerce, 14th Street and Constitution section 777A(c)(2) of the Act: requestor demonstrates that an Avenue NW., Washington, DC 20230, In general, the Department has found extraordinary circumstance has telephone: (202) 482–4735. that determinations concerning whether prevented it from submitting a timely SUPPLEMENTARY INFORMATION: particular companies should be withdrawal request. Determinations by Background ‘‘collapsed’’ (i.e., treated as a single the Department to extend the 90-day entity for purposes of calculating deadline will be made on a case-by-case The Department has received timely antidumping duty rates) require a basis. requests, in accordance with 19 CFR substantial amount of detailed 351.213(b), for administrative reviews of information and analysis, which often Separate Rates various antidumping and countervailing require follow-up questions and In proceedings involving non-market duty orders and findings with December analysis. Accordingly, the Department economy (‘‘NME’’) countries, the anniversary dates. will not conduct collapsing analyses at Department begins with a rebuttable All deadlines for the submission of the respondent selection phase of this presumption that all companies within various types of information, review and will not collapse companies the country are subject to government certifications, or comments or actions by at the respondent selection phase unless control and, thus, should be assigned a the Department discussed below refer to there has been a determination to single antidumping duty deposit rate. It the number of calendar day from the collapse certain companies in a is the Department’s policy to assign all applicable starting time. previous segment of this antidumping exporters of merchandise subject to an proceeding (i.e., investigation, administrative review in an NME Notice of No Sales administrative review, new shipper country this single rate unless an If a producer or exporter named in review or changed circumstances exporter can demonstrate that it is this notice of initiation had no exports, review). For any company subject to this sufficiently independent so as to be sales, or entries during the period of review, if the Department determined, entitled to a separate rate. review (‘‘POR’’), it must notify the or continued to treat, that company as To establish whether a firm is Department within 60 days of collapsed with others, the Department sufficiently independent from publication of this notice in the Federal will assume that such companies government control of its export Register. All submissions must be filed continue to operate in the same manner activities to be entitled to a separate electronically at http:// and will collapse them for respondent rate, the Department analyzes each iaaccess.trade.gov in accordance with selection purposes. Otherwise, the entity exporting the subject 19 CFR 351.303. See Antidumping and Department will not collapse companies merchandise under a test arising from Countervailing Duty Proceedings: for purposes of respondent selection. the Final Determination of Sales at Less Electronic Filing Procedures; Parties are requested to (a) identify Than Fair Value: Sparklers from the Administrative Protective Order which companies subject to review People’s Republic of China, 56 FR 20588 Procedures, 76 FR 39263 (July 6, 2011). previously were collapsed, and (b) (May 6, 1991), as amplified by Final Such submissions are subject to provide a citation to the proceeding in Determination of Sales at Less Than verification in accordance with section which they were collapsed. Further, if Fair Value: Silicon Carbide from the 782(i) of the Tariff Act of 1930, as companies are requested to complete People’s Republic of China, 59 FR 22585 amended (‘‘Act’’). Further, in the Quantity and Value Questionnaire (May 2, 1994). In accordance with the accordance with 19 CFR for purposes of respondent selection, in separate rates criteria, the Department 351.303(f)(3)(ii), a copy of each request general each company must report assigns separate rates to companies in must be served on the petitioner and volume and value data separately for NME cases only if respondents can VerDate Mar<15>2010 20:43 Jan 29, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\30JAN1.SGM 30JAN1 mstockstill on DSK4VPTVN1PROD with 6292 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Notices demonstrate the absence of both de jure notice. The deadline and requirement application. Separate Rate Status and de facto government control over for submitting a Certification applies Applications are due to the Department export activities. equally to NME-owned firms, wholly no later than 60 calendar days of All firms listed below that wish to foreign-owned firms, and foreign sellers publication of this Federal Register qualify for separate rate status in the who purchase and export subject notice. The deadline and requirement administrative reviews involving NME merchandise to the United States. for submitting a Separate Rate Status countries must complete, as Entities that currently do not have a Application applies equally to NME- appropriate, either a separate rate separate rate from a completed segment owned firms, wholly foreign-owned application or certification, as described of the proceeding 1 should timely file a firms, and foreign sellers that purchase below. For these administrative reviews, Separate Rate Application to and export subject merchandise to the in order to demonstrate separate rate demonstrate eligibility for a separate United States. eligibility, the Department requires rate in this proceeding. In addition, For exporters and producers who entities for whom a review was companies that received a separate rate requested, that were assigned a separate in a completed segment of the submit a separate-rate status application rate in the most recent segment of this proceeding that have subsequently or certification and subsequently are proceeding in which they participated, made changes, including, but not selected as mandatory respondents, to certify that they continue to meet the limited to, changes to corporate these exporters and producers will no criteria for obtaining a separate rate. The structure, acquisitions of new longer be eligible for separate rate status Separate Rate Certification form will be companies or facilities, or changes to unless they respond to all parts of the available on the Department’s Web site their official company name,2 should questionnaire as mandatory at http://www.trade.gov/ia on the date of timely file a Separate Rate Application respondents. publication of this Federal Register to demonstrate eligibility for a separate Initiation of Reviews notice. In responding to the rate