Uncovered Innerspring Units From the Socialist Republic of Vietnam: Final Results of the Antidumping Duty Administrative Review; 2018-2019, 61-63 [2020-29110]
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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS), can be found at 19 CFR
351.303.1
Any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.2
Parties must use the certification
formats provided in 19 CFR 351.303(g).3
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
On April 10, 2013, Commerce
modified two regulations related to AD/
CVD proceedings: The definition of
factual information (19 CFR
351.102(b)(21)), and the time limits for
the submission of factual information
(19 CFR 351.301).4 Parties are advised to
review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in these
segments. To the extent that other
regulations govern the submission of
factual information in a segment (such
as 19 CFR 351.218), these time limits
will continue to be applied. Parties are
also advised to review the final rule
concerning the extension of time limits
for submissions in AD/CVD
proceedings, available at https://
enforcement.trade.gov/frn/2013/
1309frn/2013-22853.txt, prior to
1 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
2 See section 782(b) of the Act.
3 See also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
4 See Definition of Factual Information and Time
Limits for Submission of Factual Information: Final
Rule, 78 FR 21246 (April 10, 2013).
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
submitting factual information in these
segments.5
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d),
Commerce will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d)). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (APO) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. Commerce’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.6
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.7
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
5 See Extension of Time Limits, 78 FR 57790
(September 20, 2013).
6 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
7 See 19 CFR 351.218(d)(1)(iii).
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61
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the ITC ’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: December 18, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–29123 Filed 12–31–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–803]
Uncovered Innerspring Units From the
Socialist Republic of Vietnam: Final
Results of the Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has completed the
administrative review of the
antidumping duty order on uncovered
innerspring units (innersprings) from
the Socialist Republic of Vietnam
(Vietnam) covering the period of review
(POR) December 1, 2018 through
November 30, 2019. We continue to find
that Angkor Spring Co., Ltd. (Angkor
Spring) did not demonstrate eligibility
for a separate rate; therefore, it is part
of the Vietnam-wide entity.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW, Washington, DC
20230; telephone: (202) 482–5848.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\04JAN1.SGM
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62
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Background
On July 1, 2020, Commerce published
the Preliminary Results of this review
and gave interested parties an
opportunity to comment.1 We received
no comments. These final results cover
one company for which an
administrative review was requested
and not rescinded: Angkor Spring.2 This
review was conducted in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act).3
Scope of the Order
The merchandise subject to this order
is uncovered innerspring units
composed of a series of individual metal
springs joined together in sizes
corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full,
full long, queen, California king and
king) and units used in small
constructions, such as crib and youth
mattresses. All uncovered innerspring
units are included in the scope
regardless of width and length.
Including within this definition are
innersprings typically ranging from 30.5
inches to 76 inches in width and 68
inches to 84 inches in length.
Innerspring for crib mattresses typically
range from 25 inches to 27 inches in
width and 50 inches to 52 inches in
length.
Uncovered innerspring units are
suitable for use as the innerspring
component in the manufacture of
innerspring mattresses, including
mattresses that incorporate a foam
encasement around the innerspring.
Pocketed and non-pocketed
innerspring units are included in this
definition. Non-pocketed innersprings
are typically joined together with helical
wire and border rods. Non-pocketed
innersprings are included in this
definition regardless of whether they
have border rods attached to the
perimeter of the innerspring. Pocketed
innersprings are individual coils
covered by a ‘‘pocket’’ or ‘‘sock’’ of a
nonwoven synthetic material or woven
material and then glued together in a
linear fashion.
Uncovered innersprings are classified
under subheading 9404.29.9010 and
have also been classified under
1 See Uncovered Innerspring Units from the
Socialist Republic of Vietnam: Preliminary Results
of the Administrative Review; 2018–2019, 85 FR
39524 (July 1, 2020) (Preliminary Results).
2 Id.
3 On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.
The deadline for the final results of this review is
now December 28, 2020. See Memorandum,
‘‘Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,’’
dated July 21, 2020.
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
subheadings 9404.10.0000,
9404.29.9005, 9404.29.9011,
7326.20.0070, 7326.20.0090,
7320.20.5010, 7320.90.5010, or
7326.20.0071 of the Harmonized Tariff
Schedule of the United States
(HTSUS).4 The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description
of the scope of the order is dispositive.
Final Results of Review
Commerce preliminarily determined
that the company subject to this review
did not demonstrate eligibility for
separate rate status and, thus,
Commerce found it to be part of the
Vietnam-wide entity.5 As noted above,
Commerce received no comments
concerning the Preliminary Results of
this review. We find that there is no
reason to modify our analysis.
Accordingly, no decision memorandum
accompanies this Federal Register
notice. For further details regarding the
issues addressed in this proceeding, see
the Preliminary Results.6
In these final results of review, we
continue to treat the sole exporter
subject to this review as part of the
Vietnam-wide entity.7 The Vietnamwide rate is 116.31 percent.
Vietnam-Wide Entity
Commerce’s policy regarding the
conditional review of the Vietnam-wide
entity applies to this administrative
review.8 Under this policy, the Vietnamwide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the Vietnam-wide entity, and
Commerce did not self-initiate a review,
the entity is not under review and the
entity’s rate is not subject to change (i.e.,
116.31 percent).
Assessment Rates
Commerce has determined, and CBP
shall assess, antidumping duties on all
4 Based on a recommendation by CBP, on
September 15, 2017, Commerce added HTS
7326.20.0090 to the scope. See Memorandum,
‘‘Request from Customs and Border Protection to
Update the ACE AD/CVD Case Reference File,’’
dated September 15, 2017 (Barcode 3622582–01).
5 See Preliminary Results.
6 Id.
7 In the Preliminary Results, we found the sole
exporter subject to this review to be part of the
Vietnam-wide entity, as it failed to submit a
separate rate application and/or a separate rate
certification to establish its eligibility for separate
rate status.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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appropriate entries in this review, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(1). We
intend to issue assessment instructions
directly to CBP 15 days after publication
in the Federal Register or these final
results of this administrative review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Vietnamese and non-Vietnamese
exporters not under review in this
segment of the proceeding, but who
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (2) for all Vietnamese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
Vietnam-wide entity rate (i.e., 116.31
percent); and (3) for all non-Vietnamese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Vietnamese exporter
that supplied that non-Vietnamese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with section
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h).
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–29110 Filed 12–31–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
wood mouldings and millwork products
(millwork products) from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is July 1, 2019
through December 31, 2019.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Michael Bowen, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1766 or
(202) 482–0768, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 12, 2020, Commerce
published the Preliminary
Determination in the LTFV investigation
of millwork products from China.1 For
a complete description of the events that
followed the Preliminary Determination,
1 See
Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
48669 (August, 12, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
VerDate Sep<11>2014
17:28 Dec 31, 2020
Jkt 253001
see the Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are millwork products
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
On August 5, 2020, we issued a
Preliminary Scope Memorandum.3
Several interested parties submitted
case and rebuttal briefs concerning the
scope of this investigation. For a
summary of the product coverage
comments and rebuttal comments
submitted to the record for this final
determination, and accompanying
discussion and analysis of all comments
timely received, see the Final Scope
Memorandum.4 Based on the comments
received from interested parties, we are
revising the scope of this investigation
as it appeared in the Preliminary
Determination. The scope in Appendix
I reflects these changes.
Verification
Commerce normally verifies
information relied upon in making its
final determination, pursuant to section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act). However, during the
course of this investigation, Commerce
was unable to conduct on-site
verification due to travel restrictions.5
Consistent with section 776(a)(2)(D) of
the Act, Commerce relied on the
information submitted on the record,
where appropriate, which we used in
making our Preliminary Determination,
as facts available in making our final
determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
2 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less
Than Fair Value,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
Republic of China: Preliminary Scope Decision
Memorandum,’’ dated August 5, 2020 (Preliminary
Scope Memorandum).
4 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from Brazil and the People’s
Republic of China: Scope Comments Decision
Memorandum for the Final Determinations,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Scope Memorandum).
5 See Memorandum, ‘‘Antidumping Duty
Investigation of Wood Mouldings and Millwork
Products from the People’s Republic of China:
Cancellation of Verification and Establishment of
Briefing Schedule,’’ dated October 23, 2020.
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63
parties in this investigation are
addressed in the Issues and Decision
Memorandum. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice. The Issues and Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
China-Wide Entity and Use of Adverse
Facts Available
Commerce continues to find that the
use of facts available is warranted in
determining the rate of the China-wide
entity pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act. As discussed in
the Issues and Decision Memorandum,
Commerce finds that the use of facts
available is also warranted with respect
to Bel Trade Wood Industrial Co., Ltd.
Youxi Fujian (Bel Trade) pursuant to
sections 776(a)(1) and (a)(2)(A)–(C) of
the Act. Furthermore, we find that the
use of adverse facts available (AFA) is
warranted because the China-wide
entity, including Bel Trade, did not
cooperate to the best of its ability to
comply with our requests for
information and, accordingly, we
applied adverse inferences in selecting
from the facts available, pursuant to
section 776(b) of the Act and 19 CFR
351.308(a). For the final determination,
as AFA, we are assigning the Chinawide entity, including Bel Trade, the
rate of 230.36 percent, which is the
highest calculated transaction-specific
margin on the record.6
Separate Rates
We preliminarily granted 43
companies, including the two
mandatory respondents, Fujian Yinfeng
Imp & Exp Trading Co., Ltd./Fujian
Province Youxi City Mangrove Wood
Machining Co., Ltd. (Yinfeng/
Mangrove) 7 and Bel Trade, and 41 non6 See Issues and Decision Memorandum at
‘‘Application of Facts Available and Use of Facts
Available’’ section for a full discussion.
7 Commerce preliminarily determined that the
exporter Yinfeng, and its affiliated producer,
Mangrove, are a single entity. See Preliminary
Determination PDM. No new facts have been
presented on the record of this investigation since
E:\FR\FM\04JAN1.SGM
Continued
04JAN1
Agencies
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 61-63]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29110]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-803]
Uncovered Innerspring Units From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty Administrative Review;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed the
administrative review of the antidumping duty order on uncovered
innerspring units (innersprings) from the Socialist Republic of Vietnam
(Vietnam) covering the period of review (POR) December 1, 2018 through
November 30, 2019. We continue to find that Angkor Spring Co., Ltd.
(Angkor Spring) did not demonstrate eligibility for a separate rate;
therefore, it is part of the Vietnam-wide entity.
DATES: Applicable January 4, 2021.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW,
Washington, DC 20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION:
[[Page 62]]
Background
On July 1, 2020, Commerce published the Preliminary Results of this
review and gave interested parties an opportunity to comment.\1\ We
received no comments. These final results cover one company for which
an administrative review was requested and not rescinded: Angkor
Spring.\2\ This review was conducted in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act).\3\
---------------------------------------------------------------------------
\1\ See Uncovered Innerspring Units from the Socialist Republic
of Vietnam: Preliminary Results of the Administrative Review; 2018-
2019, 85 FR 39524 (July 1, 2020) (Preliminary Results).
\2\ Id.
\3\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days. The deadline for
the final results of this review is now December 28, 2020. See
Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this order is uncovered innerspring
units composed of a series of individual metal springs joined together
in sizes corresponding to the sizes of adult mattresses (e.g., twin,
twin long, full, full long, queen, California king and king) and units
used in small constructions, such as crib and youth mattresses. All
uncovered innerspring units are included in the scope regardless of
width and length. Including within this definition are innersprings
typically ranging from 30.5 inches to 76 inches in width and 68 inches
to 84 inches in length. Innerspring for crib mattresses typically range
from 25 inches to 27 inches in width and 50 inches to 52 inches in
length.
Uncovered innerspring units are suitable for use as the innerspring
component in the manufacture of innerspring mattresses, including
mattresses that incorporate a foam encasement around the innerspring.
Pocketed and non-pocketed innerspring units are included in this
definition. Non-pocketed innersprings are typically joined together
with helical wire and border rods. Non-pocketed innersprings are
included in this definition regardless of whether they have border rods
attached to the perimeter of the innerspring. Pocketed innersprings are
individual coils covered by a ``pocket'' or ``sock'' of a nonwoven
synthetic material or woven material and then glued together in a
linear fashion.
Uncovered innersprings are classified under subheading 9404.29.9010
and have also been classified under subheadings 9404.10.0000,
9404.29.9005, 9404.29.9011, 7326.20.0070, 7326.20.0090, 7320.20.5010,
7320.90.5010, or 7326.20.0071 of the Harmonized Tariff Schedule of the
United States (HTSUS).\4\ The HTSUS subheadings are provided for
convenience and customs purposes only; the written description of the
scope of the order is dispositive.
---------------------------------------------------------------------------
\4\ Based on a recommendation by CBP, on September 15, 2017,
Commerce added HTS 7326.20.0090 to the scope. See Memorandum,
``Request from Customs and Border Protection to Update the ACE AD/
CVD Case Reference File,'' dated September 15, 2017 (Barcode
3622582-01).
---------------------------------------------------------------------------
Final Results of Review
Commerce preliminarily determined that the company subject to this
review did not demonstrate eligibility for separate rate status and,
thus, Commerce found it to be part of the Vietnam-wide entity.\5\ As
noted above, Commerce received no comments concerning the Preliminary
Results of this review. We find that there is no reason to modify our
analysis. Accordingly, no decision memorandum accompanies this Federal
Register notice. For further details regarding the issues addressed in
this proceeding, see the Preliminary Results.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results.
\6\ Id.
---------------------------------------------------------------------------
In these final results of review, we continue to treat the sole
exporter subject to this review as part of the Vietnam-wide entity.\7\
The Vietnam-wide rate is 116.31 percent.
---------------------------------------------------------------------------
\7\ In the Preliminary Results, we found the sole exporter
subject to this review to be part of the Vietnam-wide entity, as it
failed to submit a separate rate application and/or a separate rate
certification to establish its eligibility for separate rate status.
---------------------------------------------------------------------------
Vietnam-Wide Entity
Commerce's policy regarding the conditional review of the Vietnam-
wide entity applies to this administrative review.\8\ Under this
policy, the Vietnam-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the Vietnam-wide entity,
and Commerce did not self-initiate a review, the entity is not under
review and the entity's rate is not subject to change (i.e., 116.31
percent).
---------------------------------------------------------------------------
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Assessment Rates
Commerce has determined, and CBP shall assess, antidumping duties
on all appropriate entries in this review, in accordance with section
751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). We intend to issue
assessment instructions directly to CBP 15 days after publication in
the Federal Register or these final results of this administrative
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed Vietnamese and non-Vietnamese exporters not under review in
this segment of the proceeding, but who have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (2) for all Vietnamese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the Vietnam-wide entity rate (i.e.,
116.31 percent); and (3) for all non-Vietnamese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Vietnamese exporter that
supplied that non-Vietnamese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested.
[[Page 63]]
Failure to comply with the regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
section 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).
Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-29110 Filed 12-31-20; 8:45 am]
BILLING CODE 3510-DS-P