Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 7855-7858 [2021-02151]
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices
antidumping duty administrative
review.10 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. In this administrative
review, no party requested a review of
the China-wide entity. Moreover, we
have not self-initiated a review of the
China-wide entity. Because no review of
the China-wide entity is being
conducted, the China-wide entity’s
entries are not subject to the review, and
the rate applicable to the NME entity is
not subject to change as a result of this
review. The China-wide entity rate is
167.02 percent.11
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Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments, filed electronically via
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.12
ACCESS is available to registered users
at https://access.trade.gov. Rebuttal
briefs, limited to issues raised in the
case briefs, must be filed within seven
days after the time limit for filing case
briefs.13 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
a statement of the issue, a brief
summary of the argument, and a table of
authorities.14 Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until further notice.15
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to Commerce within 30 days of
the date of publication of this notice.16
Requests should contain: (1) The party’s
name, address, the telephone number;
(2) the number of participants; and (3)
10 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, 65970 (November 4, 2013).
11 See 1,1,1,2 Tetrafluoroethane (R–134a) from
the People’s Republic of China: Antidumping Duty
Order, 82 FR 18422, 18423 (April 19, 2017).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
14 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
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a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.17 Commerce intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will shall assess, antidumping
duties on all appropriate entries of
subject merchandise covered by this
review.18 We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the company
under review that we determine in the
final results to be part of the China-wide
entity at the China-wide entity rate of
167.02 percent. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For
companies that have a separate rate, the
cash deposit rate will be that established
in the final results of this review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed Chinese or non-Chinese
exporters not listed above that received
a separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
17 See
18 See
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19 CFR 351.212(b)(1).
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7855
be that for the China-wide entity (i.e.,
167.02 percent); and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 315.402(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.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: January 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–02167 Filed 2–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
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351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 21 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
Section D responses.
Opportunity To Request a Review: Not
later than the last day of February
2021,2 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
February for the following periods:
Period to
be reviewed
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Antidumping Duty Proceedings
BRAZIL: Carbon and Alloy Steel Cut-to-Length Plate, A–351–847 ..........................................................................................
INDIA: Certain Cut-To-Length Carbon-Quality Steel Plate A–533–817 ...................................................................................
INDIA: Certain Preserved Mushrooms, A–533–813 .................................................................................................................
INDIA: Certain Frozen Warmwater Shrimp, A–533–840 ..........................................................................................................
INDIA: Stainless Steel Bar, A–533–810 ....................................................................................................................................
INDONESIA: Certain Cut-To-Length Carbon-Quality Steel Plate, A–560–805 ........................................................................
INDONESIA: Certain Preserved Mushrooms, A–560–802 .......................................................................................................
ITALY: Stainless Steel Butt-Weld Pipe Fittings, A–475–828 ....................................................................................................
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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7857
Period to
be reviewed
JAPAN: Carbon Steel Butt-Weld Pipe Fittings, A–588–602 .....................................................................................................
MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings, A–557–809 ............................................................................................
MEXICO: Large Residential Washers, A–201–842 ..................................................................................................................
PHILIPPINES: Stainless Steel Butt-Weld Pipe Fittings, A–565–801 ........................................................................................
REPUBLIC OF KOREA: Certain Cut-To-Length Carbon-Quality Steel Plate, A–580–836 ......................................................
SOCIALIST REPUBLIC OF VIETNAM: Certain Frozen Warmwater Shrimp, A–552–802 .......................................................
SOCIALIST REPUBLIC OF VIETNAM: Steel Wire Garment Hangers, A–552–812 ................................................................
SOCIALIST REPUBLIC OF VIETNAM: Utility Scale Wind Towers, A–552–814 .....................................................................
SOUTH AFRICA: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–791–822 .............................................................
TAIWAN: Crystalline Silicon Photovoltaic Products, A–583–853 .............................................................................................
TAIWAN: Carbon and Alloy Steel Threaded Rod, A–583–865 ................................................................................................
THAILAND: Certain Frozen Warmwater Shrimp, A–549–822 ..................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Preserved Mushrooms, A–570–851 ...........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Common Alloy Aluminum Sheet, A–570–073 .........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Crystalline Silicon Photovoltaic, A–570–010 ...........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Frozen Warmwater Shrimp, A–570–893 ....................................................
THE PEOPLE’S REPUBLIC OF CHINA: Heavy Forged Hand Tools, With or Without Handles, A–570–803 ........................
THE PEOPLE’S REPUBLIC OF CHINA: Large Residential Washers, A–570–033 .................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Rubber Bands, A–570–069 .....................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Small Diameter Graphite Electrodes, A–570–929 ..................................................
THE PEOPLE’S REPUBLIC OF CHINA: Truck and Bus Tires, A–570–040 ............................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Uncovered Innerspring Units, A–570–928 ..............................................................
THE PEOPLE’S REPUBLIC OF CHINA: Utility Scale Wind Towers, A–570–981 ...................................................................
TURKEY: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–489–828 ..........................................................................
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
9/25/19–1/31/21
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2/1/20–1/31/21
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2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
2/1/20–1/31/21
Countervailing Duty Proceedings
INDIA: Certain Cut-To-Length Carbon-Quality Steel Plate C–533–818 ...................................................................................
INDIA: Prestressed Concrete Steel Wire Strand, C–533–829 ..................................................................................................
INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, C–533–874 ........................................................
INDONESIA: Certain Cut-To-Length Carbon-Quality Steel Plate, C–560–806 ........................................................................
REPUBLIC OF KOREA: Certain Cut-To-Length Carbon-Quality Steel Plate, C–580–837 ......................................................
SOCIALIST REPUBLIC OF VIETNAM: Steel Wire Garment Hangers, C–552–813 ................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Cold-Drawn Mechanical Tubing, C–570–059 ..........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Common Alloy Aluminum Sheet, C–570–074 .........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Crystalline Silicon Photovoltaic Products, C–570–011 ...........................................
THE PEOPLE’S REPUBLIC OF CHINA: Rubber Bands, C–570–070 .....................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Truck and Bus Tires, C–570–041 ...........................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Utility Scale Wind Towers, C–570–982 ...................................................................
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
1/1/20–12/31/20
Suspension Agreements
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None.
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
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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:
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Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket 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
3 See the Enforcement and Compliance website at
https://legacy.trade.gov/enforcement/.
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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
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4 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).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
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February 2021. If Commerce does not
receive, by the last day of February
2021, 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.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: January 27, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–02151 Filed 2–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–803]
Polyethylene Terephthalate Film,
Sheet, and Strip From the United Arab
Emirates: Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Flex
Middle East FZE (Flex), the sole
producer/exporter subject to this
administrative review, made sales of
subject merchandise at less than normal
value during the period of review (POR),
November 1, 2018, through October 31,
2019.
DATES: Applicable February 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4261.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary
results of this administrative review on
November 10, 2020.1 We invited
interested parties to comment on the
Preliminary Results. No parties
submitted comments.
Scope of the Order
The products covered by the order are
all gauges of raw, pre-treated, or primed
polyethylene terephthalate film (PET
Film), whether extruded or co-extruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance-enhancing
resinous or inorganic layer more than
0.00001 inches thick. Also excluded is
roller transport cleaning film which has
at least one of its surfaces modified by
application of 0.5 micrometers of SBR
latex. Tracing and drafting film is also
excluded. PET Film is classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Changes Since the Preliminary Results
Because we received no comments on
the Preliminary Results, we have made
no changes to the weighted-average
dumping margin determined for Flex,
nor have we prepared an Issues and
Decision Memorandum to accompany
this notice. We, therefore, adopt the
analysis and explanation in our
Preliminary Results for purposes of
these final results.
Final Results of Review
As a result of this review, we
determine that the following weightedaverage dumping margin exists for the
period of November 1, 2018, through
October 31, 2019:
Manufacturer/exporter
Weightedaverage
margin
(percent)
Flex Middle East FZE .................
70.75
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
1 See Polyethylene Terephthalate Film, Sheet, and
Strip from the United Arab Emirates: Preliminary
Results of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 71606 (November 10,
2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7855-7858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02151]
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DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR
[[Page 7856]]
351.213, that the Department of Commerce (Commerce) conduct an
administrative review of that antidumping or countervailing duty order,
finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 21 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this antidumping proceeding (i.e.,
investigation, administrative review, new shipper review or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to (a) identify which
companies subject to review previously were collapsed, and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity To Request a Review: Not later than the last day of
February 2021,\2\ interested parties may request administrative review
of the following orders, findings, or suspended investigations, with
anniversary dates in February for the following periods:
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\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
------------------------------------------------------------------------
Period to be
reviewed
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
BRAZIL: Carbon and Alloy Steel Cut-to-Length Plate, 2/1/20-1/31/21
A-351-847.........................................
INDIA: Certain Cut-To-Length Carbon-Quality Steel 2/1/20-1/31/21
Plate A-533-817...................................
INDIA: Certain Preserved Mushrooms, A-533-813...... 2/1/20-1/31/21
INDIA: Certain Frozen Warmwater Shrimp, A-533-840.. 2/1/20-1/31/21
INDIA: Stainless Steel Bar, A-533-810.............. 2/1/20-1/31/21
INDONESIA: Certain Cut-To-Length Carbon-Quality 2/1/20-1/31/21
Steel Plate, A-560-805............................
INDONESIA: Certain Preserved Mushrooms, A-560-802.. 2/1/20-1/31/21
ITALY: Stainless Steel Butt-Weld Pipe Fittings, A- 2/1/20-1/31/21
475-828...........................................
[[Page 7857]]
JAPAN: Carbon Steel Butt-Weld Pipe Fittings, A-588- 2/1/20-1/31/21
602...............................................
MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings, 2/1/20-1/31/21
A-557-809.........................................
MEXICO: Large Residential Washers, A-201-842....... 2/1/20-1/31/21
PHILIPPINES: Stainless Steel Butt-Weld Pipe 2/1/20-1/31/21
Fittings, A-565-801...............................
REPUBLIC OF KOREA: Certain Cut-To-Length Carbon- 2/1/20-1/31/21
Quality Steel Plate, A-580-836....................
SOCIALIST REPUBLIC OF VIETNAM: Certain Frozen 2/1/20-1/31/21
Warmwater Shrimp, A-552-802.......................
SOCIALIST REPUBLIC OF VIETNAM: Steel Wire Garment 2/1/20-1/31/21
Hangers, A-552-812................................
SOCIALIST REPUBLIC OF VIETNAM: Utility Scale Wind 2/1/20-1/31/21
Towers, A-552-814.................................
SOUTH AFRICA: Certain Carbon and Alloy Steel Cut-To- 2/1/20-1/31/21
Length Plate, A-791-822...........................
TAIWAN: Crystalline Silicon Photovoltaic Products, 2/1/20-1/31/21
A-583-853.........................................
TAIWAN: Carbon and Alloy Steel Threaded Rod, A-583- 9/25/19-1/31/21
865...............................................
THAILAND: Certain Frozen Warmwater Shrimp, A-549- 2/1/20-1/31/21
822...............................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Preserved 2/1/20-1/31/21
Mushrooms, A-570-851..............................
THE PEOPLE'S REPUBLIC OF CHINA: Common Alloy 2/1/20-1/31/21
Aluminum Sheet, A-570-073.........................
THE PEOPLE'S REPUBLIC OF CHINA: Crystalline Silicon 2/1/20-1/31/21
Photovoltaic, A-570-010...........................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Frozen 2/1/20-1/31/21
Warmwater Shrimp, A-570-893.......................
THE PEOPLE'S REPUBLIC OF CHINA: Heavy Forged Hand 2/1/20-1/31/21
Tools, With or Without Handles, A-570-803.........
THE PEOPLE'S REPUBLIC OF CHINA: Large Residential 2/1/20-1/31/21
Washers, A-570-033................................
THE PEOPLE'S REPUBLIC OF CHINA: Rubber Bands, A-570- 2/1/20-1/31/21
069...............................................
THE PEOPLE'S REPUBLIC OF CHINA: Small Diameter 2/1/20-1/31/21
Graphite Electrodes, A-570-929....................
THE PEOPLE'S REPUBLIC OF CHINA: Truck and Bus 2/1/20-1/31/21
Tires, A-570-040..................................
THE PEOPLE'S REPUBLIC OF CHINA: Uncovered 2/1/20-1/31/21
Innerspring Units, A-570-928......................
THE PEOPLE'S REPUBLIC OF CHINA: Utility Scale Wind 2/1/20-1/31/21
Towers, A-570-981.................................
TURKEY: Certain Carbon and Alloy Steel Cut-To- 2/1/20-1/31/21
Length Plate, A-489-828...........................
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
INDIA: Certain Cut-To-Length Carbon-Quality Steel 1/1/20-12/31/20
Plate C-533-818...................................
INDIA: Prestressed Concrete Steel Wire Strand, C- 1/1/20-12/31/20
533-829...........................................
INDIA: Certain Cold-Drawn Mechanical Tubing of 1/1/20-12/31/20
Carbon and Alloy Steel, C-533-874.................
INDONESIA: Certain Cut-To-Length Carbon-Quality 1/1/20-12/31/20
Steel Plate, C-560-806............................
REPUBLIC OF KOREA: Certain Cut-To-Length Carbon- 1/1/20-12/31/20
Quality Steel Plate, C-580-837....................
SOCIALIST REPUBLIC OF VIETNAM: Steel Wire Garment 1/1/20-12/31/20
Hangers, C-552-813................................
THE PEOPLE'S REPUBLIC OF CHINA: Cold-Drawn 1/1/20-12/31/20
Mechanical Tubing, C-570-059......................
THE PEOPLE'S REPUBLIC OF CHINA: Common Alloy 1/1/20-12/31/20
Aluminum Sheet, C-570-074.........................
THE PEOPLE'S REPUBLIC OF CHINA: Crystalline Silicon 1/1/20-12/31/20
Photovoltaic Products, C-570-011..................
THE PEOPLE'S REPUBLIC OF CHINA: Rubber Bands, C-570- 1/1/20-12/31/20
070...............................................
THE PEOPLE'S REPUBLIC OF CHINA: Truck and Bus 1/1/20-12/31/20
Tires, C-570-041..................................
THE PEOPLE'S REPUBLIC OF CHINA: Utility Scale Wind 1/1/20-12/31/20
Towers, C-570-982.................................
------------------------------------------------------------------------
Suspension Agreements
------------------------------------------------------------------------
None...............................................
------------------------------------------------------------------------
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\
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\3\ See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/.
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Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
[[Page 7858]]
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.
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\4\ 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).
\5\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------
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\
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\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 41363 (July 10, 2020).
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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 February 2021. If Commerce does not receive, by the
last day of February 2021, 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.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: January 27, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-02151 Filed 2-1-21; 8:45 am]
BILLING CODE 3510-DS-P
