Initiation of Five-Year (Sunset) Reviews, 60-61 [2020-29123]

Download as PDF 60 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices sale, with or without decks (boltless steel shelving). The term ‘‘prepackaged for sale’’ means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end user. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (HTSUS) statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 9403.20.0026, but may also enter through HTSUS 9403.10.0040. A full description of the scope of the Order is contained in the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically 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. A list of topics discussed in the Issues and Decision Memorandum is included as an Appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on boltless steel shelving from China would be likely to lead to continuation or recurrence of dumping, and that the margins of dumping likely to prevail would be weighted-average margins of up to 112.68 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notifications to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.221(c)(5)(ii). Dated: December 28, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues Comment 1: Likelihood of Continuation or Recurrence of Dumping Comment 2: Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–29097 Filed 12–31–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Product A–570–954 ..... C–570–955 ..... A–201–837 ..... 731–TA–1166 .. 701–TA–468 .... 731–TA–1167 .. China ......... China ......... Mexico ....... Magnesia Carbon Bricks (2nd Review) .......... Magnesia Carbon Bricks (2nd Review) .......... Magnesia Carbon Bricks (2nd Review) .......... Jkt 253001 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Country 17:28 Dec 31, 2020 Applicable (January 1, 2021). Background ITC case No. VerDate Sep<11>2014 DATES: Appendix DOC case No. 6 See Memorandum, ‘‘Issues and Decisions Memorandum for the Final Results of the Antidumping Duty Administrative Review: Boltless In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The International Trade Commission (ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). SUMMARY: Frm 00012 Fmt 4703 Sfmt 4703 Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping and countervailing duty order(s) and suspended investigation(s): Commerce contact Steel Shelving Units Prepackaged for Sale from the People’s Republic of China’’ dated concurrently PO 00000 Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Mary Kolberg, (202) 482–1785. Jacqueline Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. with this notice (Issues and Decisions Memorandum). E:\FR\FM\04JAN1.SGM 04JAN1 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 04JAN1

Agencies

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 60-61]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29123]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the Department of Commerce (Commerce) is automatically initiating 
the five-year reviews (Sunset Reviews) of the antidumping and 
countervailing duty (AD/CVD) order(s) and suspended investigation(s) 
listed below. The International Trade Commission (ITC) is publishing 
concurrently with this notice its notice of Institution of Five-Year 
Reviews which covers the same order(s) and suspended investigation(s).

DATES: Applicable (January 1, 2021).

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For 
information from the ITC, contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

Background

    Commerce's procedures for the conduct of Sunset Reviews are set 
forth in its Procedures for Conducting Five-Year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or 
analytical issues relevant to Commerce's conduct of Sunset Reviews is 
set forth in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

Initiation of Review

    In accordance with section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating the Sunset Reviews of the following antidumping and 
countervailing duty order(s) and suspended investigation(s):

----------------------------------------------------------------------------------------------------------------
      DOC case No.             ITC case No.              Country              Product          Commerce contact
----------------------------------------------------------------------------------------------------------------
A-570-954..............  731-TA-1166.............  China..............  Magnesia Carbon      Mary Kolberg, (202)
                                                                         Bricks (2nd          482-1785.
                                                                         Review).
C-570-955..............  701-TA-468..............  China..............  Magnesia Carbon      Jacqueline
                                                                         Bricks (2nd          Arrowsmith, (202)
                                                                         Review).             482-5255.
A-201-837..............  731-TA-1167.............  Mexico.............  Magnesia Carbon      Mary Kolberg, (202)
                                                                         Bricks (2nd          482-1785.
                                                                         Review).
----------------------------------------------------------------------------------------------------------------


[[Page 61]]

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\
---------------------------------------------------------------------------

    \1\ See also Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 
submitting factual information in these segments.\5\
---------------------------------------------------------------------------

    \4\ See Definition of Factual Information and Time Limits for 
Submission of Factual Information: Final Rule, 78 FR 21246 (April 
10, 2013).
    \5\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \6\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    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 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
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