Certain Hardwood Plywood Products From the People's Republic of China: Initiation of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 8766-8769 [2021-02642]

Download as PDF 8766 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices in 19 CFR 351.218(d)(1)(i).3 The Metal Grating Coalition claimed interested party status under section 771(9)(F) of the Act, as each member is a manufacturer of the domestic like product in the United States and, accordingly, are domestic interested parties under section 771(9)(C) of the Act. Commerce received a substantive response from the Metal Grating Coalition 4 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We did not receive a substantive response from any other domestic or interested parties in this proceeding, nor was a hearing requested. On November 20, 2020, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. via the Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the scope of this Order is steel grating. Imports of merchandise included within the scope of this Order are currently classifiable under subheading 7308.90.7000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise covered by the scope of the Order is dispositive. For a complete description of the scope of the Order, see the accompanying Issues and Decision Memorandum.6 62.46 62.46 khammond on DSKJM1Z7X2PROD with NOTICES Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically 3 See Metal Grating Coalition’s Letter, ‘‘Steel Grating from the People’s Republic of China: Notice of Intent to Participate in Sunset Review’’ dated October 16, 2020. 4 See Metal Grating Coalition’s Letter, ‘‘Steel Grating from the People’s Republic of China: Substantive Response to the Notice of Initiation of Sunset Review,’’ dated November 2, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on October 1, 2020,’’ dated November 20, 2020. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Countervailing Duty Order on Steel Grating from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:07 Feb 08, 2021 Jkt 253001 Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on steel grating from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Manufacturers/producers/ exporters Ningbo Jiulong Machinery Manufacturing Co., Ltd .............................. All Others ........................................ Net countervailable subsidy (percent) Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: January 29, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. History of the Order IV. Scope of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely To Prevail 3. Nature of the Subsidies PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2021–02596 Filed 2–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–051; C–570–052] Certain Hardwood Plywood Products From the People’s Republic of China: Initiation of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews Enforcement and Compliance International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating changed circumstances reviews (CCRs) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (China). DATES: Applicable February 9, 2021. FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3053. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 4, 2018, Commerce published the AD and CVD orders on hardwood plywood from China.1 On October 15, 2020, the Coalition for Fair Trade in Hardwood Plywood (the petitioner), requested that Commerce initiate CCRs to revoke, in part, the AD and CVD orders on hardwood plywood from China with respect to certain finished laminated veneer lumber (LVL) door stiles and rails, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).2 The petitioner also 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018), and Certain Hardwood Plywood Products from the People’s Republic of China: Countervailing Duty Order, 82 FR 513 (January 4, 2018) (collectively, Orders). 2 See Petitioner’s Letter, ‘‘Hardwood Plywood Products from the People’s Republic of China: Request for Changed Circumstances Review and Partial Revocation,’’ dated October 15, 2020 (CCR Request); Commerce’s Letter, ‘‘Clarification of Changed Circumstances Review and Partial Revocation Request,’’ dated November 12, 2020; Commerce’s Letter, ‘‘Clarification of Changed Circumstances Review and Partial Revocation E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices requested that Commerce simultaneously issue the initiation and preliminary results partially revoking the Orders and that it conduct these CCRs on an expedited basis.3 Scope of the Orders The merchandise covered by these Orders is hardwood plywood from China. For a complete description of the scope of the Orders, see Appendix. Proposed Revocation of the Orders, in Part The petitioner requests that the Orders be revoked, in part, with respect to certain door stiles and rails made of LVL that have a width not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters.4 The petitioner further requests that Commerce specify an effective date of this partial revocation to the Orders that coincides with the preliminary determinations of the AD and CVD investigations in these proceedings, i.e., June 23, 2017, and April 25, 2017, respectively.5 Should Commerce determine to partially revoke the Orders, the petitioner proposes that Commerce amend the scope language as follows: ‘‘Also excluded are laminated veneer lumber door stiles and rails that have a width not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters.’’ 6 khammond on DSKJM1Z7X2PROD with NOTICES Initiation of Changed Circumstances Reviews Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216(d), Commerce will conduct a CCR of an AD or CVD order when it receives information which shows changed circumstances sufficient to warrant such a review. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that Commerce may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In the event Commerce determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the notices of initiation and preliminary results. Request,’’ dated November 17, 2020; and Petitioner’s Letter, ‘‘Hardwood Plywood Products from the People’s Republic of China: Response to Clarification of Changed Circumstances Review and Partial Revocation Request,’’ dated December 10, 2020 (CCR Clarification Response). 3 See CCR Request at 8; and CCR Clarification Response at 7. 4 Id. at 3. 5 Id. at 6. 6 Id. VerDate Sep<11>2014 17:07 Feb 08, 2021 Jkt 253001 The petitioner asserts that it accounts for ‘‘substantially all’’ 7 of the domestic production of hardwood plywood.8 We are not combining this notice of initiation with a preliminary determination, pursuant to 19 CFR 351.222(c)(3)(ii), to provide interested parties with an opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the Orders. Additionally, we request that interested parties notify Commerce if they have made any shipments of merchandise covered by the revocation request (door stiles and rails made of LVL that have a width not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters) that (a) were entered, or withdrawn from warehouse, for consumption on or after June 23, 2017, and April 25, 2017, and (b) are subject to ongoing litigation and enjoined from liquidation. After examining comments, if any, concerning these issues, we will issue the preliminary results of these CCRs. Based on the petitioner’s affirmative statement of no interest in the Orders with respect to certain finished LVL door stiles and rails, and because more than 24 months have passed since the publication of the Final Determinations,9 we find that the conditions warrant initiation of these CCRs.10 According to the petitioner, certain specific LVL door stiles and rails are more appropriately considered wood mouldings and/or millwork products and should not be covered by the scope of the Orders. Instead, these products should be covered by the scope of the 7 In its administrative practice, Commerce has interpreted ‘‘substantially all’’ to mean at least 85 percent of the total production of the domestic like product covered by the order. See, e.g., Supercalendered Paper from Canada: Final Results of Changed Circumstances Review and Revocation of Countervailing Duty Order, 83 FR 32268 (July 12, 2018). 8 See CCR Request at 6–7 (identifying percentage production in 2019 (designated as business proprietary information)); see also CCR Clarification Response. 9 See 19 CFR 351.216(c); see also Certain Hardwood Plywood Products from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017), and Countervailing Duty Investigation of Certain Hardwood Plywood Products from the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82 FR 53473 (November 16, 2017) (collectively, Final Determinations). 10 See, e.g., Certain Cold-Rolled Steel Flat Products from Japan: Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 82 FR 821 (January 4, 2017) (finding that ‘‘Petitioners’ affirmative statement of no interest in the order . . . . . constitutes good cause for the conduct of this review’’). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 8767 AD and CVD investigations on wood mouldings and millwork products from China.11 Public Comment Interested parties are invited to provide comments and/or factual information regarding these CCRs, including comments on industry support, the proposed partial revocation language, and whether any of their entries are covered by this revocation request but enjoined from liquidation due to an injunction issued in ongoing litigation. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the comments and/or factual information are filed.12 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.13 All submissions must be filed electronically using the Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. An electronically-filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the due date set forth in this notice. Preliminary and Final Results of the Review Commerce intends to publish in the Federal Register a notice of the preliminary results of these AD and CVD CCRs in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set forth Commerce’s preliminary factual and legal conclusions. Commerce will issue its final results of these CCRs in accordance with the time limits set forth in 19 CFR 351.216(e). Notification to Interested Parties This notice is published in accordance with section 751(b)(1) of the Act, and 19 CFR 351.221(b)(1). 11 See Wood Mouldings and Millwork Products from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 63 (January 4, 2021); see also Wood Mouldings and Millwork Products from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 86 FR 67 (January 4, 2021). 12 Submissions of rebuttal factual information must comply with 19 CFR 351.301(b)(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). 13 See Temporary Rule. E:\FR\FM\09FEN1.SGM 09FEN1 8768 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices Dated: January 25, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix—Scope of the Orders The merchandise subject to these Orders is hardwood and decorative plywood, and certain veneered panels as described below. For purposes of this proceeding, hardwood and decorative plywood is defined as a generally flat, multilayered plywood or other veneered panel, consisting of two or more layers or plies of wood veneers and a core, with the face and/or back veneer made of non-coniferous wood (hardwood) or bamboo. The veneers, along with the core may be glued or otherwise bonded together. Hardwood and decorative plywood may include products that meet the American National Standard for Hardwood and Decorative Plywood, ANSI/HPVA HP–1– 2016 (including any revisions to that standard). For purposes of this proceeding a ‘‘veneer’’ is a slice of wood regardless of thickness which is cut, sliced or sawed from a log, bolt, or flitch. The face and back veneers are the outermost veneer of wood on either side of the core irrespective of additional surface coatings or covers as described below. The core of hardwood and decorative plywood consists of the layer or layers of one or more material(s) that are situated between the face and back veneers. The core may be composed of a range of materials, including but not limited to hardwood, softwood, particleboard, or medium-density fiberboard (MDF). All hardwood plywood is included within the scope of these Orders regardless of whether or not the face and/or back veneers are surface coated or covered and whether or not such surface coating(s) or covers obscures the grain, textures, or markings of the wood. Examples of surface coatings and covers include, but are not limited to: Ultra violet light cured polyurethanes; oil or oil-modified or water based polyurethanes; wax; epoxyester finishes; moisture-cured urethanes; paints; stains; paper; aluminum; high pressure laminate; MDF; medium density overlay (MDO); and phenolic film. Additionally, the face veneer of hardwood plywood may be sanded; smoothed or given a ‘‘distressed’’ appearance through such methods as hand-scraping or wire brushing. All hardwood plywood is included within the scope even if it is trimmed; cut-to-size; notched; punched; drilled; or has underwent other forms of minor processing. All hardwood and decorative plywood is included within the scope of these Orders, without regard to dimension (overall thickness, thickness of face veneer, thickness of back veneer, thickness of core, thickness of inner veneers, width, or length). However, the most common panel sizes of hardwood and decorative plywood are 1,219 x 1,829 mm (48 x 72 inches), 1,219 x 2,438 mm (48 x 96 inches), and 1,219 x 3,048 mm (48 x 120 inches). Subject merchandise also includes hardwood and decorative plywood that has been further processed in a third country, including but not limited to trimming, VerDate Sep<11>2014 17:07 Feb 08, 2021 Jkt 253001 cutting, notching, punching, drilling, or any other processing that would not otherwise remove the merchandise from the scope of the Orders if performed in the country of manufacture of the in-scope product. The scope of the Orders excludes the following items: (1) Structural plywood (also known as ‘‘industrial plywood’’ or ‘‘industrial panels’’) that is manufactured to meet U.S. Products Standard PS 1–09, PS 2– 09, or PS 2–10 for Structural Plywood (including any revisions to that standard or any substantially equivalent international standard intended for structural plywood), and which has both a face and a back veneer of coniferous wood; (2) products which have a face and back veneer of cork; (3) multilayered wood flooring, as described in the antidumping duty and countervailing duty orders on Multilayered Wood Flooring from the People’s Republic of China, Import Administration, International Trade Administration. See Multilayered Wood Flooring from the People’s Republic of China, 76 FR 76690 (December 8, 2011) (amended final determination of sales at less than fair value and antidumping duty order), and Multilayered Wood Flooring from the People’s Republic of China, 76 FR 76693 (December 8, 2011) (countervailing duty order), as amended by Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); (4) multilayered wood flooring with a face veneer of bamboo or composed entirely of bamboo; (5) plywood which has a shape or design other than a flat panel, with the exception of any minor processing described above; (6) products made entirely from bamboo and adhesives (also known as ‘‘solid bamboo’’); and (7) Phenolic Film Faced Plyform (PFF), also known as Phenolic Surface Film Plywood (PSF), defined as a panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’ bond classification as is defined by The Engineered Wood Association, having an opaque phenolic film layer with a weight equal to or greater than 90g/m3 permanently bonded on both the face and back veneers and an opaque, moisture resistant coating applied to the edges. Excluded from the scope of these Orders are wooden furniture goods that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of these Orders is ‘‘ready to assemble’’ (RTA) furniture. RTA furniture is defined as (A) furniture packaged for sale for ultimate purchase by an end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of furniture, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, adhesive glues) required to assemble a finished unit of furniture, and (3) instructions providing guidance on the assembly of a finished unit of furniture; (B) unassembled bathroom vanity cabinets, having a space for one or more sinks, that are imported with all unassembled hardwood and hardwood plywood components that have been cut-tofinal dimensional component shape/size, painted or stained prior to importation, and stacked within a singled shipping package, PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 except for furniture feet which may be packed and shipped separately; or (C) unassembled bathroom vanity linen closets that are imported with all unassembled hardwood and hardwood plywood components that have been cut-to-final dimensional shape/size, painted or stained prior to importation, and stacked within a single shipping package, except for furniture feet which may be packed and shipped separately. Excluded from the scope of these Orders are kitchen cabinets that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of these Orders are RTA kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets packaged for sale for ultimate purchase by an end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of cabinetry, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, hooks, adhesive glues) required to assemble a finished unit of cabinetry, and (3) instructions providing guidance on the assembly of a finished unit of cabinetry. Excluded from the scope of these Orders are finished table tops, which are table tops imported in finished form with pre-cut or drilled openings to attach the underframe or legs. The table tops are ready for use at the time of import and require no further finishing or processing. Excluded from the scope of these Orders are finished countertops that are imported in finished form and require no further finishing or manufacturing. Excluded from the scope of these Orders are laminated veneer lumber door and window components with (1) a maximum width of 44 millimeters, a thickness from 30 millimeters to 72 millimeters, and a length of less than 2413 millimeters (2) water boiling point exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds per square inch or higher, (4) finger-jointed or lapjointed core veneer with all layers oriented so that the grain is running parallel or with no more than 3 dispersed layers of veneer oriented with the grain running perpendicular to the other layers; and (5) top layer machined with a curved edge and one or more profile channels throughout. Imports of hardwood plywood are primarily entered under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5115; and 4412.99.5710. Imports of hardwood plywood may also enter under HTSUS subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these Orders is dispositive. [FR Doc. 2021–02642 Filed 2–8–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Sea Grant College Program (NSGCP) Notice of Solicitation of Letters of Intent National Oceanic and Atmospheric Administration (NOAA), Office of Oceanic and Atmospheric Research (OAR), Department of Commerce (DOC). ACTION: Notice of solicitation of letters of intent to apply to become the Guam Sea Grant Institutional Program. AGENCY: The National Sea Grant College Program is requesting letters of intent from eligible applicants to become a Sea Grant Institutional Program serving the United States territory of Guam. An Institutional Program can be defined as a program that has demonstrated competence as a Coherent Area Program and has shown the ability to support broad responsibilities for the development of Sea Grant state, regional, and national activities, engaging all of the institutions of higher learning in the region. Only institutions that have been the host entity of a Sea Grant Coherent Area Program for at least three years are eligible to apply. The National Sea Grant College Act of 1976, as amended by 33 U.S.C. 1121 et seq. (the ‘‘Act’’ hereinafter) authorizes the NOAA to designate a Sea Grant institution on the basis of merit and that such designation is consistent with the goals of the Act. DATES: Letters of intent must be received by March 11, 2021. ADDRESSES: Letters of intent will be accepted by email to oar.sg.info-admin@ khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Feb 08, 2021 Jkt 253001 noaa.gov. Please put ‘‘Guam Institutional Program’’ in the Subject line. All letters of intent will be acknowledged. If you do not receive an acknowledgement of your letter of intent within five days of sending it, please contact us using the information below. SUPPLEMENTARY INFORMATION: Currently, 34 Sea Grant Programs are located in every coastal and Great Lakes state, Guam and Puerto Rico. These Programs are partnerships between the Federal government and universities or other institutions with higher learning mandates, funded by Federal grants. More information about the National Sea Grant College Program can be found at http://seagrant.noaa.gov/. There is currently no Sea Grant Program whose main area of service is Guam that has been recognized with Institutional or College status. To be eligible to apply to this solicitation, an institution must have been the host entity of a Sea Grant Coherent Area Program for a minimum of three years. A ‘‘Coherent Area Program’’ is a grant-funded program selected by NOAA in order to conduct Sea Grant activities limited in geographic area and/or scope. All Coherent Area Programs are subject to Sea Grant review procedures and are periodically evaluated against Sea Grant project evaluation criteria. A letter of intent must include the following information: A non-binding statement of intent to submit a full application to be considered for a Guam Institutional Sea Grant Program; —Identification (name, address, and type of organization) of the institution, or group of institutions, that will submit the full application; —Affirmation that the sender of the letter is authorized to represent that institution or group in seeking designation as an Institutional Sea Grant Program; —Name and contact details (including email address) of the person to whom correspondence should be sent. Eligible applicants who submit a letter of intent will be provided a complete information package on how to prepare and submit a full application, the criteria against which the application will be evaluated (which are drawn from regulation at 15 CFR 918.3 ‘‘Eligibility, qualifications, and responsibility of a Sea Grant College’’), the evaluation procedure (which may include both document review and a site visit), and the conditions on the institution or group that are associated with accepting Sea Grant Institutional Program status. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 8769 Contact Information: For any additional questions concerning this solicitation, please contact Rebecca Briggs at 301–734–1084 or by email at rebecca.briggs@noaa.gov. Please put ‘‘Guam Institutional Status’’ in the subject line. Dated: January 28, 2021. David Holst, Director Chief Financial Officer/CAO, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2021–02579 Filed 2–8–21; 8:45 am] BILLING CODE 3510–KA–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public meeting. AGENCY: This notice sets forth the schedule and proposed agenda for the meeting of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be considered. DATES: The meeting is scheduled for March 15, 2021 from 1:00 p.m. to 5:00 p.m. (EDT) and March 17, 2021 from 1:00 p.m. to 5:00 p.m. (EDT). This time and the agenda topics described below are subject to change. For the latest agenda please refer to the SAB website: http://sab.noaa.gov/ SABMeetings.aspx. SUMMARY: This is a virtual meeting. The webinar registration links for the March 15 and 17, 2021 meeting may be found on the website at http:// sab.noaa.gov/SABMeetings.aspx. FOR FURTHER INFORMATION CONTACT: Dr. Cynthia Decker, Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910; Phone Number: 301–734–1156; Email: Cynthia.Decker@noaa.gov; or visit the SAB website at http://sab.noaa.gov/ SABMeetings.aspx. ADDRESSES: The NOAA Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice SUPPLEMENTARY INFORMATION: E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8766-8769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051; C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Initiation of Antidumping Duty and Countervailing Duty Changed 
Circumstances Reviews

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

SUMMARY: The Department of Commerce (Commerce) is initiating changed 
circumstances reviews (CCRs) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on certain hardwood plywood products 
(hardwood plywood) from the People's Republic of China (China).

DATES: Applicable February 9, 2021.

FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3053.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce published the AD and CVD orders on 
hardwood plywood from China.\1\ On October 15, 2020, the Coalition for 
Fair Trade in Hardwood Plywood (the petitioner), requested that 
Commerce initiate CCRs to revoke, in part, the AD and CVD orders on 
hardwood plywood from China with respect to certain finished laminated 
veneer lumber (LVL) door stiles and rails, pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(b).\2\ The petitioner also

[[Page 8767]]

requested that Commerce simultaneously issue the initiation and 
preliminary results partially revoking the Orders and that it conduct 
these CCRs on an expedited basis.\3\
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018), 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 82 FR 513 (January 4, 2018) 
(collectively, Orders).
    \2\ See Petitioner's Letter, ``Hardwood Plywood Products from 
the People's Republic of China: Request for Changed Circumstances 
Review and Partial Revocation,'' dated October 15, 2020 (CCR 
Request); Commerce's Letter, ``Clarification of Changed 
Circumstances Review and Partial Revocation Request,'' dated 
November 12, 2020; Commerce's Letter, ``Clarification of Changed 
Circumstances Review and Partial Revocation Request,'' dated 
November 17, 2020; and Petitioner's Letter, ``Hardwood Plywood 
Products from the People's Republic of China: Response to 
Clarification of Changed Circumstances Review and Partial Revocation 
Request,'' dated December 10, 2020 (CCR Clarification Response).
    \3\ See CCR Request at 8; and CCR Clarification Response at 7.
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Scope of the Orders

    The merchandise covered by these Orders is hardwood plywood from 
China. For a complete description of the scope of the Orders, see 
Appendix.

Proposed Revocation of the Orders, in Part

    The petitioner requests that the Orders be revoked, in part, with 
respect to certain door stiles and rails made of LVL that have a width 
not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, 
and a length of less than 2,450 millimeters.\4\ The petitioner further 
requests that Commerce specify an effective date of this partial 
revocation to the Orders that coincides with the preliminary 
determinations of the AD and CVD investigations in these proceedings, 
i.e., June 23, 2017, and April 25, 2017, respectively.\5\ Should 
Commerce determine to partially revoke the Orders, the petitioner 
proposes that Commerce amend the scope language as follows: ``Also 
excluded are laminated veneer lumber door stiles and rails that have a 
width not to exceed 50 millimeters, a thickness not to exceed 50 
millimeters, and a length of less than 2,450 millimeters.'' \6\
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    \4\ Id. at 3.
    \5\ Id. at 6.
    \6\ Id.
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Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216(d), 
Commerce will conduct a CCR of an AD or CVD order when it receives 
information which shows changed circumstances sufficient to warrant 
such a review. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) 
provide that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In the event Commerce determines that 
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits 
Commerce to combine the notices of initiation and preliminary results.
    The petitioner asserts that it accounts for ``substantially all'' 
\7\ of the domestic production of hardwood plywood.\8\ We are not 
combining this notice of initiation with a preliminary determination, 
pursuant to 19 CFR 351.222(c)(3)(ii), to provide interested parties 
with an opportunity to address the issue of domestic industry support 
with respect to this requested partial revocation of the Orders. 
Additionally, we request that interested parties notify Commerce if 
they have made any shipments of merchandise covered by the revocation 
request (door stiles and rails made of LVL that have a width not to 
exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a 
length of less than 2,450 millimeters) that (a) were entered, or 
withdrawn from warehouse, for consumption on or after June 23, 2017, 
and April 25, 2017, and (b) are subject to ongoing litigation and 
enjoined from liquidation. After examining comments, if any, concerning 
these issues, we will issue the preliminary results of these CCRs.
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    \7\ In its administrative practice, Commerce has interpreted 
``substantially all'' to mean at least 85 percent of the total 
production of the domestic like product covered by the order. See, 
e.g., Supercalendered Paper from Canada: Final Results of Changed 
Circumstances Review and Revocation of Countervailing Duty Order, 83 
FR 32268 (July 12, 2018).
    \8\ See CCR Request at 6-7 (identifying percentage production in 
2019 (designated as business proprietary information)); see also CCR 
Clarification Response.
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    Based on the petitioner's affirmative statement of no interest in 
the Orders with respect to certain finished LVL door stiles and rails, 
and because more than 24 months have passed since the publication of 
the Final Determinations,\9\ we find that the conditions warrant 
initiation of these CCRs.\10\ According to the petitioner, certain 
specific LVL door stiles and rails are more appropriately considered 
wood mouldings and/or millwork products and should not be covered by 
the scope of the Orders. Instead, these products should be covered by 
the scope of the AD and CVD investigations on wood mouldings and 
millwork products from China.\11\
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    \9\ See 19 CFR 351.216(c); see also Certain Hardwood Plywood 
Products from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, and Final Affirmative Determination 
of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017), 
and Countervailing Duty Investigation of Certain Hardwood Plywood 
Products from the People's Republic of China: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part, 82 FR 53473 (November 16, 2017) 
(collectively, Final Determinations).
    \10\ See, e.g., Certain Cold-Rolled Steel Flat Products from 
Japan: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent to Revoke Order in Part, 82 FR 821 (January 4, 
2017) (finding that ``Petitioners' affirmative statement of no 
interest in the order . . . . . constitutes good cause for the 
conduct of this review'').
    \11\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 86 FR 63 (January 4, 2021); see also Wood Mouldings 
and Millwork Products from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, 86 FR 67 (January 4, 
2021).
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Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these CCRs, including comments on industry 
support, the proposed partial revocation language, and whether any of 
their entries are covered by this revocation request but enjoined from 
liquidation due to an injunction issued in ongoing litigation. Comments 
and factual information may be submitted to Commerce no later than ten 
days after the date of publication of this notice. Rebuttal comments 
and rebuttal factual information may be filed with Commerce no later 
than seven days after the comments and/or factual information are 
filed.\12\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\13\ All submissions must be filed 
electronically using the Enforcement and Compliance's AD and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. An electronically-filed 
document must be received successfully in its entirety in ACCESS by 
5:00 p.m. Eastern Time on the due date set forth in this notice.
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    \12\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(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).
    \13\ See Temporary Rule.
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Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of these AD and CVD CCRs in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's 
preliminary factual and legal conclusions. Commerce will issue its 
final results of these CCRs in accordance with the time limits set 
forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This notice is published in accordance with section 751(b)(1) of 
the Act, and 19 CFR 351.221(b)(1).


[[Page 8768]]


    Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise subject to these Orders is hardwood and 
decorative plywood, and certain veneered panels as described below. 
For purposes of this proceeding, hardwood and decorative plywood is 
defined as a generally flat, multilayered plywood or other veneered 
panel, consisting of two or more layers or plies of wood veneers and 
a core, with the face and/or back veneer made of non-coniferous wood 
(hardwood) or bamboo. The veneers, along with the core may be glued 
or otherwise bonded together. Hardwood and decorative plywood may 
include products that meet the American National Standard for 
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any 
revisions to that standard).
    For purposes of this proceeding a ``veneer'' is a slice of wood 
regardless of thickness which is cut, sliced or sawed from a log, 
bolt, or flitch. The face and back veneers are the outermost veneer 
of wood on either side of the core irrespective of additional 
surface coatings or covers as described below.
    The core of hardwood and decorative plywood consists of the 
layer or layers of one or more material(s) that are situated between 
the face and back veneers. The core may be composed of a range of 
materials, including but not limited to hardwood, softwood, 
particleboard, or medium-density fiberboard (MDF).
    All hardwood plywood is included within the scope of these 
Orders regardless of whether or not the face and/or back veneers are 
surface coated or covered and whether or not such surface coating(s) 
or covers obscures the grain, textures, or markings of the wood. 
Examples of surface coatings and covers include, but are not limited 
to: Ultra violet light cured polyurethanes; oil or oil-modified or 
water based polyurethanes; wax; epoxy-ester finishes; moisture-cured 
urethanes; paints; stains; paper; aluminum; high pressure laminate; 
MDF; medium density overlay (MDO); and phenolic film. Additionally, 
the face veneer of hardwood plywood may be sanded; smoothed or given 
a ``distressed'' appearance through such methods as hand-scraping or 
wire brushing. All hardwood plywood is included within the scope 
even if it is trimmed; cut-to-size; notched; punched; drilled; or 
has underwent other forms of minor processing.
    All hardwood and decorative plywood is included within the scope 
of these Orders, without regard to dimension (overall thickness, 
thickness of face veneer, thickness of back veneer, thickness of 
core, thickness of inner veneers, width, or length). However, the 
most common panel sizes of hardwood and decorative plywood are 1,219 
x 1,829 mm (48 x 72 inches), 1,219 x 2,438 mm (48 x 96 inches), and 
1,219 x 3,048 mm (48 x 120 inches).
    Subject merchandise also includes hardwood and decorative 
plywood that has been further processed in a third country, 
including but not limited to trimming, cutting, notching, punching, 
drilling, or any other processing that would not otherwise remove 
the merchandise from the scope of the Orders if performed in the 
country of manufacture of the in-scope product.
    The scope of the Orders excludes the following items: (1) 
Structural plywood (also known as ``industrial plywood'' or 
``industrial panels'') that is manufactured to meet U.S. Products 
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood 
(including any revisions to that standard or any substantially 
equivalent international standard intended for structural plywood), 
and which has both a face and a back veneer of coniferous wood; (2) 
products which have a face and back veneer of cork; (3) multilayered 
wood flooring, as described in the antidumping duty and 
countervailing duty orders on Multilayered Wood Flooring from the 
People's Republic of China, Import Administration, International 
Trade Administration. See Multilayered Wood Flooring from the 
People's Republic of China, 76 FR 76690 (December 8, 2011) (amended 
final determination of sales at less than fair value and antidumping 
duty order), and Multilayered Wood Flooring from the People's 
Republic of China, 76 FR 76693 (December 8, 2011) (countervailing 
duty order), as amended by Multilayered Wood Flooring from the 
People's Republic of China: Amended Antidumping and Countervailing 
Duty Orders, 77 FR 5484 (February 3, 2012); (4) multilayered wood 
flooring with a face veneer of bamboo or composed entirely of 
bamboo; (5) plywood which has a shape or design other than a flat 
panel, with the exception of any minor processing described above; 
(6) products made entirely from bamboo and adhesives (also known as 
``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also 
known as Phenolic Surface Film Plywood (PSF), defined as a panel 
with an ``Exterior'' or ``Exposure 1'' bond classification as is 
defined by The Engineered Wood Association, having an opaque 
phenolic film layer with a weight equal to or greater than 90g/m3 
permanently bonded on both the face and back veneers and an opaque, 
moisture resistant coating applied to the edges.
    Excluded from the scope of these Orders are wooden furniture 
goods that, at the time of importation, are fully assembled and are 
ready for their intended uses. Also excluded from the scope of these 
Orders is ``ready to assemble'' (RTA) furniture. RTA furniture is 
defined as (A) furniture packaged for sale for ultimate purchase by 
an end-user that, at the time of importation, includes (1) all 
wooden components (in finished form) required to assemble a finished 
unit of furniture, (2) all accessory parts (e.g., screws, washers, 
dowels, nails, handles, knobs, adhesive glues) required to assemble 
a finished unit of furniture, and (3) instructions providing 
guidance on the assembly of a finished unit of furniture; (B) 
unassembled bathroom vanity cabinets, having a space for one or more 
sinks, that are imported with all unassembled hardwood and hardwood 
plywood components that have been cut-to-final dimensional component 
shape/size, painted or stained prior to importation, and stacked 
within a singled shipping package, except for furniture feet which 
may be packed and shipped separately; or (C) unassembled bathroom 
vanity linen closets that are imported with all unassembled hardwood 
and hardwood plywood components that have been cut-to-final 
dimensional shape/size, painted or stained prior to importation, and 
stacked within a single shipping package, except for furniture feet 
which may be packed and shipped separately.
    Excluded from the scope of these Orders are kitchen cabinets 
that, at the time of importation, are fully assembled and are ready 
for their intended uses. Also excluded from the scope of these 
Orders are RTA kitchen cabinets. RTA kitchen cabinets are defined as 
kitchen cabinets packaged for sale for ultimate purchase by an end-
user that, at the time of importation, includes (1) all wooden 
components (in finished form) required to assemble a finished unit 
of cabinetry, (2) all accessory parts (e.g., screws, washers, 
dowels, nails, handles, knobs, hooks, adhesive glues) required to 
assemble a finished unit of cabinetry, and (3) instructions 
providing guidance on the assembly of a finished unit of cabinetry.
    Excluded from the scope of these Orders are finished table tops, 
which are table tops imported in finished form with pre-cut or 
drilled openings to attach the underframe or legs. The table tops 
are ready for use at the time of import and require no further 
finishing or processing.
    Excluded from the scope of these Orders are finished countertops 
that are imported in finished form and require no further finishing 
or manufacturing.
    Excluded from the scope of these Orders are laminated veneer 
lumber door and window components with (1) a maximum width of 44 
millimeters, a thickness from 30 millimeters to 72 millimeters, and 
a length of less than 2413 millimeters (2) water boiling point 
exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds 
per square inch or higher, (4) finger-jointed or lap-jointed core 
veneer with all layers oriented so that the grain is running 
parallel or with no more than 3 dispersed layers of veneer oriented 
with the grain running perpendicular to the other layers; and (5) 
top layer machined with a curved edge and one or more profile 
channels throughout.
    Imports of hardwood plywood are primarily entered under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560; 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 
4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 
4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 
4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 
4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235;

[[Page 8769]]

4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 
4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 
4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 
4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 
4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 
4412.99.5115; and 4412.99.5710.
    Imports of hardwood plywood may also enter under HTSUS 
subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 
4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of these Orders is 
dispositive.

[FR Doc. 2021-02642 Filed 2-8-21; 8:45 am]
BILLING CODE 3510-DS-P