1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 7854-7855 [2021-02167]

Download as PDF 7854 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices administrative review. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. DEPARTMENT OF COMMERCE Administrative Protective Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the sole company subject to this administrative review is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is April 1, 2019, through March 31, 2020. We invite interested parties to comment on these preliminary results. DATES: Applicable February 2, 2021. FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2483. SUPPLEMENTARY INFORMATION: Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: January 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Period of Review V. Subsidies Valuation Information VI. Changes Since the Preliminary Results VII. Use of Facts Otherwise Available VIII. Analysis of Programs IX. Analysis of Comments Comment 1: Whether To Use the ValueAdded Tax (VAT) Rates Provided by Wor-Biz or the Government of China Comment 2: Whether To Adjust the Electricity for Less-Than-AdequateRemuneration (LTAR) Calculation To Reflect a VAT-Exclusive Subsidy Rate X. Recommendation jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:08 Feb 01, 2021 Jkt 253001 [A–570–044] 1,1,1,2-Tetrafluoroethane (R–134a) From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2019– 2020 AGENCY: This notice also serves as a 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)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. [FR Doc. 2021–02152 Filed 2–1–21; 8:45 am] International Trade Administration Background On April 1, 2020, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on 1,1,1,2Tetrafluoroethane (R–134a) from the People’s Republic of China (China).1 In response, on April 30, 2020, the American HFC Coalition and its individual members 2 (the petitioners) requested a review of one company, Puremann, Inc. (Puremann).3 Commerce initiated a review of this company on June 8, 2020.4 The deadline for interested parties to submit an SRA or separate rate certification (SRC) was July 8, 2020.5 No party submitted an SRA or 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 18191 (April 1, 2020). 2 American HFC Coalition’s members include the following companies: Arkema Inc., the Chemours Company FC LLC, Honeywell International Inc., and Mexichem Fluor, Inc. 3 See Petitioner’s Letter, ‘‘1,1,1,2Tetrafluoroethane (R–134a) from the People’s Republic of China: Request for Administrative Review of Antidumping Duty Order,’’ dated April 30, 2020. 4 See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, 85 FR 35068 (June 8, 2020) (Initiation Notice). 5 SRAs and SRCs were due thirty days from the publication of Commerce’s Initiation Notice. In this administrative review, the deadline was July 8, 2020. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 an SRC. On July 16, 2020, Commerce placed U.S. Customs and Border Protection (CBP) data on the record of this review demonstrating that there were no entries of subject merchandise during the POR.6 The petitioners submitted comments on the CBP data on August 6, 2020.7 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 60 days.8 The deadline for the preliminary results of this review is now March 1, 2020. Scope of the Order The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane, R–134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-Tetrafluoroethane is CF3-CH2 F, and the Chemical Abstracts Service registry number is CAS 811–97– 2.9 Merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Preliminary Results of Review Puremann, the sole company subject to this review, did not file an SRA. Thus, Commerce preliminarily determines that this company has not demonstrated its eligibility for separate rate status. As such, Commerce preliminarily determines that the company subject to this review is part of the China-wide entity. In addition, Commerce no longer considers the nonmarket economy (NME) entity as an exporter conditionally subject to an 6 See Memorandum, ‘‘2019—2020 Administrative Review of the Antidumping Duty Order on 1,1,1,2Tetrafluoroethane (R–134a) from the People’s Republic of China,’’ dated July 16, 2020. 7 See Petitioners’ Letter, ‘‘Antidumping Duty Administrative Review of 1,1,1,2-Tetrafluoroethane (R–134a) from China: HFC Coalition’s Comments on CBP Data and Request to Issue Quantity and Value Questionnaire,’’ dated August 6, 2020. 8 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 9 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); FreonTM 134a, Suva 134a, Dymel 134a, and Dymel P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, Refrigerant 134a, and UN3159. E:\FR\FM\02FEN1.SGM 02FEN1 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 jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 19:08 Feb 01, 2021 Jkt 253001 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 PO 00000 19 CFR 310(d). 19 CFR 351.212(b)(1). Frm 00016 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7854-7855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02167]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-044]


1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole company subject to this administrative review is part of 
the China-wide entity because it did not file a separate rate 
application (SRA). The period of review (POR) is April 1, 2019, through 
March 31, 2020. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2483.

SUPPLEMENTARY INFORMATION: 

Background

    On April 1, 2020, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China 
(China).\1\ In response, on April 30, 2020, the American HFC Coalition 
and its individual members \2\ (the petitioners) requested a review of 
one company, Puremann, Inc. (Puremann).\3\ Commerce initiated a review 
of this company on June 8, 2020.\4\ The deadline for interested parties 
to submit an SRA or separate rate certification (SRC) was July 8, 
2020.\5\ No party submitted an SRA or an SRC. On July 16, 2020, 
Commerce placed U.S. Customs and Border Protection (CBP) data on the 
record of this review demonstrating that there were no entries of 
subject merchandise during the POR.\6\ The petitioners submitted 
comments on the CBP data on August 6, 2020.\7\ On July 21, 2020, 
Commerce tolled all deadlines in administrative reviews by 60 days.\8\ 
The deadline for the preliminary results of this review is now March 1, 
2020.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 18191 (April 1, 2020).
    \2\ American HFC Coalition's members include the following 
companies: Arkema Inc., the Chemours Company FC LLC, Honeywell 
International Inc., and Mexichem Fluor, Inc.
    \3\ See Petitioner's Letter, ``1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China: Request for 
Administrative Review of Antidumping Duty Order,'' dated April 30, 
2020.
    \4\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 85 FR 35068 (June 8, 2020) (Initiation 
Notice).
    \5\ SRAs and SRCs were due thirty days from the publication of 
Commerce's Initiation Notice. In this administrative review, the 
deadline was July 8, 2020.
    \6\ See Memorandum, ``2019--2020 Administrative Review of the 
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from 
the People's Republic of China,'' dated July 16, 2020.
    \7\ See Petitioners' Letter, ``Antidumping Duty Administrative 
Review of 1,1,1,2-Tetrafluoroethane (R-134a) from China: HFC 
Coalition's Comments on CBP Data and Request to Issue Quantity and 
Value Questionnaire,'' dated August 6, 2020.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane, 
R-134a, or its chemical equivalent, regardless of form, type, or purity 
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is 
CF3-CH2 F, and the Chemical Abstracts Service 
registry number is CAS 811-97-2.\9\
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    \9\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade 
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel 
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). 
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
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    Merchandise subject to the order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheading 
2903.39.2020. Although the HTSUS subheading and CAS registry number are 
provided for convenience and customs purposes, the written description 
of the scope is dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213.

Preliminary Results of Review

    Puremann, the sole company subject to this review, did not file an 
SRA. Thus, Commerce preliminarily determines that this company has not 
demonstrated its eligibility for separate rate status. As such, 
Commerce preliminarily determines that the company subject to this 
review is part of the China-wide entity. In addition, Commerce no 
longer considers the non-market economy (NME) entity as an exporter 
conditionally subject to an

[[Page 7855]]

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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    \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).
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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\
---------------------------------------------------------------------------

    \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.
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    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) 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.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
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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 
exporter-specific 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 be that for the China-wide entity (i.e., 
167.02 percent); and (4) for all non-Chinese 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