One: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review A Notice by the International Trade Administration on 01/03/2022 This document has been corrected and republished on 01/11/2022. View Republication Document Details Information about this document as published in the Federal Register. Publication Date: 01/03/2022 Agencies: International Trade Administration Document Number: 2021-28406 Document Details This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for February 2022 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in February 2022 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact Antidumping Duty Proceedings Ammonium Sulfate from China A-570-049 (1st Review) Thomas Martin, (202) 482-3936. Amorphous Silica Fabric from China A-570-038 (1st Review) Jacky Arrowsmith, (202) 482-5255. Artist Canvas from China A-570-899 (3rd Review) Mary Kolberg, (202) 482-1785. Biaxial Integral Geogrid Products from China A-570-036 (1st Review) Thomas Martin, (202) 482-3936. Off-The-Road Tires from India A-533-869 (1st Review) Thomas Martin, (202) 482-3936. Countervailing Duty Proceedings Ammonium Sulfate from China C-570-050 (1st Review) Thomas Martin, (202) 482-3936. Amorphous Silica Fabric from China C-570-039 (1st Review) Jacky Arrowsmith, (202) 482-5255. Biaxial Integral Geogrid Products from China C-570-037 (1st Review) Thomas Martin, (202) 482-3936. Off-The-Road Tires from India C-533-870 (1st Review) Jacky Arrowsmith, (202) 482-5255. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in February 2022 Commerce's procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.[1] This notice is not required by statute but is published as a service to the international trading community. Dated: December 14, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Opportunity To Request a Review: Not later than the last day of January 2022,[2] interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in January for the following periods: Period to review Antidumping Duty Proceedings BELARUS: Carbon and Alloy Steel Wire Rod, A-822-806 1/1/21-12/31/21 BRAZIL: Prestressed Concrete Steel Wire Stand, A-351-837 1/1/21-12/31/21 CANADA: Softwood Lumber, A-122-857 1/1/21-12/31/21 GERMANY: Forged Steel Fluid End Blocks, A-428-847 7/23/20-12/31/21 INDIA: Prestressed Concrete Steel Wire Strand, A-533-828 1/1/21-12/31/21 Polyester Textured Yarn, A-533-885 1/1/21-12/31/21 ITALY: Forged Steel Fluid End Blocks, A-475-840 7/23/20-12/31/21 MEXICO: Prestressed Concrete Steel Wire Strand, A-201-831 1/1/21-12/31/21 REPUBLIC OF KOREA: Prestressed Concrete Steel Wire Strand, A-580-852 1/1/21-12/31/21 RUSSIA: Carbon and Alloy Steel Wire Rod, A-821-824 1/1/21-12/31/21 SOUTH AFRICA: Ferrovanadium, A-791-815 1/1/21-12/31/21 THAILAND: Prestressed Concrete Steel Wire Strand, A-549-820 1/1/21-12/31/21 THE PEOPLE'S REPUBLIC OF CHINA: Calcium Hypochlorite, A-570-008 1/1/21-12/31/21 Carbon and Certain Alloy Steel Wire Rod, A-570-012 1/1/21-12/31/21 Certain Crepe Paper Products, A-570-895 1/1/21-12/31/21 Certain Hardwood Plywood Products, A-570-051 1/1/21-12/31/21 Ferrovanadium, A-570-873 1/1/21-12/31/21 Folding Gift Boxes, A-570-866 1/1/21-12/31/21 Polyester Textured Yarn, A-570-097 1/1/21-12/31/21 Potassium Permanganate, A-570-001 1/1/21-12/31/21 Wooden Bedroom Furniture, A-570-890 1/1/21-12/31/21 UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire Rod, A-520-808 1/1/21-12/31/21 Countervailing Duty Proceedings ARGENTINA: Biodiesel, C-357-821 1/1/21-12/31/21 CANADA: Softwood Lumber, C-122-858 1/1/21-12/31/21 GERMANY: Forged Steel Fluid End Blocks, C-428-848 5/26/2020-12/31/2021 INDIA: Polyester Textured Yarn, C-533-886 1/1/21-12/31/21 Forged Steel Fluid End Blocks, C-533-894 5/26/2020-12/31/2021 INDONESIA: Biodiesel, C-560-831 1/1/21-12/31/21 ITALY: Forged Steel Fluid End Blocks, C-475-841 5/26/2020-12/31/2021 THE PEOPLE'S REPUBLIC OF CHINA: Calcium Hypochlorite, C-570-009 1/1/21-12/31/21 Carbon and Certain Alloy Steel Wire Rod, C-570-013 1/1/21-12/31/21 Circular Welded Carbon Quality Steel Line Pipe, C-570-936 1/1/21-12/31/21 Certain Hardwood Plywood Products, C-570-052 1/1/21-12/31/21 Certain Oil Country Tubular Goods, C-570-944 1/1/21-12/31/21 Certain Tool Chests and Cabinets, C-570-057 1/1/21-12/31/21 Forged Steel Fluid End Blocks, C-570-116 5/26/2020-12/31/2021 Polyester Textured Yarn, C-570-098 1/1/21-12/31/21 Suspension Agreements RUSSIA: Certain Cut To Length Carbon Steel Plate, A-821-808 1/1/21-12/31/21 In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.[3] Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.[4] Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.[5] In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance's ACCESS website at https://access.trade.gov.[6] Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.[7] Commerce will publish in the Federal Register a notice of "Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation" for requests received by the last day of January 2022. If Commerce does not receive, by the last day of January 2022, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. 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 provisional-measures "gap" period of the order, if such a gap period is applicable to the period of review. Establishment of and Updates to the Annual Inquiry Service List On September 20, 2021, Commerce published the final rule titled " Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws " in the Federal Register .[8] On September 27, 2021, Commerce also published the notice entitled " Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions " in the Federal Register .[9] The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.[10] In accordance with the Procedural Guidance, for orders published in the Federal Register before November 4, 2021, Commerce created an annual inquiry service list segment for each order and suspended investigation. Interested parties who wished to be added to the annual inquiry service list for an order submitted an entry of appearance to the annual inquiry service list segment for the order in ACCESS, and on November 4, 2021, Commerce finalized the initial annual inquiry service lists for each order and suspended investigation. Each annual inquiry service list has been saved as a public service list in ACCESS, under each case number, and under a specific segment type called "AISL-Annual Inquiry Service List."[11] As mentioned in the Procedural Guidance, beginning in January 2022, Commerce will update these annual inquiry service lists on an annual basis when the Opportunity Notice for the anniversary month of the order or suspended investigation is published in the Federal Register .[12] Accordingly, Commerce will update the annual inquiry service lists for the above-listed antidumping and countervailing duty proceedings. All interested parties wishing to appear on the updated annual inquiry service list must take one of the two following actions: (1) New interested parties who did not previously submit an entry of appearance must submit a new entry of appearance at this time; (2) Interested parties who were included in the preceding annual inquiry service list must submit an amended entry of appearance to be included in the next year's annual inquiry service list. For these interested parties, Commerce will change the entry of appearance status from "Active" to "Needs Amendment" for the annual inquiry service lists corresponding to the above-listed proceedings. This will allow those interested parties to make any necessary amendments and resubmit their entries of appearance. If no amendments need to be made, the interested party should indicate in the area on the ACCESS form requesting an explanation for the amendment that it is resubmitting its entry of appearance for inclusion in the annual inquiry service list for the following year. As mentioned in the Final Rule,[13] once the petitioners and foreign governments have submitted an entry of appearance for the first time, they will automatically be added to the updated annual inquiry service list each year. 1. Define dumping and countervailingf duties? 2. From the above article, what is the process of investigation of a dumping case in the USA? 3. From the above article, pick two recent cases about dumping and countervailing duties and elaborate on them? Question two: Trade Barriers in India A restriction imposed on the free flow of trade is known as the trade barrier. The trade barriers are classified as tariff barriers or non-tariff barriers. This article discusses in detail the barriers faced by the U.S. companies when exporting to India. Import Licensing The most common non-tariff barrier is the prohibition or restriction of goods that are imposed through import licensing requirements. Certain products are subjected to licensing related trade barriers, although India has eliminated its import licensing requirements for most consumer goods. The import licenses for motorcycles are provided only to foreign nationals that permanently reside in India, working in India for foreign firms that value more than 30% equity or to foreign nations that work at embassies and foreign missions. Very few domestic importers import vehicles without a valid license, where the imports are counterbalanced by exports that is attributable to the same importer. Negative List India maintains a 'negative list' of imported products that come under various forms of nontariff regulation. The negative list is further divided into three categories. They are Banned or prohibited items that include tallow, fat and oils of the animal origin. Restricted items that require an import license for goods like such as livestock products and certain chemicals. Canalized items like pharmaceuticals that can be imported only by the government trading ownerships that required the cabinet approval regarding the import timing and quantity. Entry Requirements With respect to entry requirements, India has divided goods that are new, those goods that are secondhand, remanufactured, refurbished or reconditioned. India permits the imports of secondhand capital goods by the end users without carrying an import license, provided the goods are undamaged for five years. The country's Foreign Trade Policy segregates remanufactured goods in a similar manner to the secondhand products, without considering that the remanufactured goods have been restored to the original working condition, meeting the technical and safety specification that is applied to the products made from raw materials. Reconditioned computer spare parts can be imported only if an Indian Chartered Engineer certifies that the equipment retains at least 80% of its life, while redeveloped computer parts from domestic sources are not applicable for this requirement. Some of the problems that the stakeholders' report includes the excessive details that are needed in the license application, the quantity limitation that is set on the specific part number and the long delays between the application and the grant of license. Testing, Labelling and Certification The Indian Government has sorted out 109 commodities that that must be certified by the Bureau of Indian Standards (BIS) and the National Standards body. Apart from this, the Food Safety and Standards Authority of India, implemented under the Food Safety and Standards Act, 2006 laid down standards for articles of food and regulating the manufacturing, processing, distribution, sale and import of food. These regulations were brought in to make sure the quality of goods. Whereas, other countries use them as measures to protect the goods. Anti-dumping and Countervailing Measures Anti-dumping and countervailing measures are executed by the WTO Agreements to protect the domestic industry from facing severe injury that is caused by dumped or subsidized imports. India imposes these regulations on a time-to-time basis to protect the domestic manufacturers from dumping. This anti-dumping policy has raised concerns about the transparency and due process. The officials have taken steps to increase the application of the antidumping law. Export Subsidies and Domestic Support Several export subsidies and other domestic support have been provided to various industries to make them globally competitive. Export earnings are exempted from taxes and the exporters are not liable for the local manufacturing tax. The export subsidies intend to displace exports from other countries into third country markets, whereas the domestic support acts as a direct barrier to access the domestic market. Export Subsidy Programs Indian has launched multiple export subsidy programs that include exemptions from taxes for certain export-oriented enterprises and for exporters in Special Economic Zones. Sectors like textiles and apparel, paper, rubber, toys, leather goods and wood products receive subsidies considering the exemptions from customs duties and internal taxes that helps in determining the export performance. This has made the Indian textile sectors to become a beneficiary of many export promotion measures. Besides this, the Government of India has increased the subsidy for garment sectors to develop employment opportunities. Implementation of Policies In 2015, the Indian Government authorized 20 per cent of its public procurement to be given to the Indian based micro, small and medium enterprises. In 2017, the Indian cabinet has approved a public procurement policy that encourages preferences for Indian manufactured goods to promote the 'Make in India' initiative. This is aimed to develop the local manufacturing and to boost the domestic demand for locally manufacturing products. The National Manufacturing Policy is used to increase the local content requirements in government procurement in certain sectors like information communications technology and clean energy. The Department of Industry Policy and Promotion (DIPP) has issued two notifications under the Public Procurement 'Preferential Electronics Order' and 'Cyber Notification' that requires local content for state and central government procurements that give preferences for domestically manufactured electronic goods and cyber-security software products. Service Barriers The following are the services that include restrictions. Insurance Banking Securities Motion pictures Accounting Construction Architecture Engineering Retailing Legal services Express delivery services Telecommunication The Indian Government has strong ownership in major service sectors like banking and insurance. Foreign investments made in business in certain service sectors that include financial services and retail. Foreign participation in professional services has also been restricted, and in the case of legal services, it is prohibited entirely. Other Barriers Equity restrictions and other trade-related investment measures result in an unfair advantage to domestic companies. The Indian Government had restricted FDI in sectors like retail trade and agriculture. Besides this, there is an unpublished policy that advances the counter trade. Several Indian companies both government-owned and private organise small countertrades. 1. Define trade barriers? 2. From the above article, elaborate on two of the trade policies that are implemented by India against US products