Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 11921-11924 [2021-04133]

Download as PDF Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–64–2020] Foreign-Trade Zone (FTZ) 106— Oklahoma City, Oklahoma; Authorization of Production Activity; Miraclon Corporation (Flexographic/ Aluminum Printing Plates and Direct/ Thermo Imaging Layer Film); Weatherford, Oklahoma On October 27, 2020, Miraclon Corporation submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 106F, in Weatherford, Oklahoma. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (85 FR 70580, November 5, 2020). On February 24, 2021, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: February 24, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–04102 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–13–2021] Foreign-Trade Zone (FTZ) 72— Indianapolis, Indiana; Notification of Proposed Production Activity; XPO Logistics (Wearable Electronic Communication/Data Device Kitting); Clayton, Indiana XPO Logistics (XPO) submitted a notification of proposed production activity to the FTZ Board for its facility in Clayton, Indiana. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on February 18, 2021. The XPO facility is located within FTZ 72. The facility is used for the kitting of wearable electronic communication/data devices with watch bands of various materials. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished product described VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt XPO from customs duty payments on the foreign-status components used in export production. On its domestic sales, for the foreignstatus materials/components noted below, XPO would be able to choose the duty rate during customs entry procedures that applies to wearable electronic communication/data devices (duty-free). XPO would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The components and materials sourced from abroad include wearable electronic communication/data devices and watch bands of leather, steel, silicon and woven nylon textile material (duty rate ranges from duty-free to 11.2%). The request indicates that certain materials/components are subject to duties under Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is April 12, 2021. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov. Dated: February 24, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–04103 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P Foreign-Trade Zones Board Foreign-Trade Zone (FTZ) 5—Seattle, Washington; Notification of Proposed Production Activity; Juno Therapeutics, Inc. (Biopharmaceuticals); Bothell, Washington Juno Therapeutics, Inc. (Juno) submitted a notification of proposed Fmt 4703 Dated: February 22, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–04104 Filed 2–26–21; 8:45 am] Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [B–12–2021] Frm 00003 production activity to the FTZ Board for its facility in Bothell, Washington. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on February 12, 2021. A separate application has been submitted for FTZ designation at the company’s facility under FTZ 5. The facility is used for the production of cell therapy products. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status material and specific finished product described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Juno from customs duty payments on the foreign-status material used in export production. On its domestic sales, for the foreign-status material noted below, Juno would be able to choose the duty rate during customs entry procedures that applies to cell therapy products (duty-free). Juno would be able to avoid duty on foreignstatus material which becomes scrap/ waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The material sourced from abroad is human primary cells (‘‘T-cells’’) (dutyfree). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is April 12, 2021. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE PO 00000 11921 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 AGENCY: E:\FR\FM\01MRN1.SGM 01MRN1 11922 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 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 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 March 2021,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March for the following periods: Period Antidumping Duty Proceedings AUSTRALIA: Certain Uncoated Paper, A–602–807 ..................................................................................................................... BELGIUM: Acetone, A–423–814 ................................................................................................................................................... BRAZIL: Certain Uncoated Paper, A–351–842 ............................................................................................................................. CANADA: Iron Construction Castings, A–122–503 ...................................................................................................................... 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 2 Or the next business day, if the deadline falls on a weekend, Federal holiday or any other day when Commerce is closed. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1 3/1/20–2/28/21 9/24/19–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11923 Period FRANCE: Brass Sheet & Strip, A–427–602 ................................................................................................................................. GERMANY: Brass Sheet & Strip, A–428–602 .............................................................................................................................. INDIA: Large Diameter Welded Pipe, A–533–881 ........................................................................................................................ Off-The-Road Tires, A–533–869 ............................................................................................................................................ Sulfanilic Acid, A–533–806 ..................................................................................................................................................... INDONESIA: Certain Uncoated Paper, A–560–828 ..................................................................................................................... ITALY: Brass Sheet & Strip, A–475–601 ...................................................................................................................................... PORTUGAL: Certain Uncoated Paper, A–471–807 ..................................................................................................................... REPUBLIC OF KOREA: Acetone, A–580–899 ............................................................................................................................. RUSSIA: Silicon Metal, A–821–817 .............................................................................................................................................. SOUTH AFRICA: Acetone, A–791–824 ........................................................................................................................................ Carbon and Alloy Steel Wire Rod, A–791–823 ..................................................................................................................... TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ............................................................. THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 .................................................................................. THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 .................................................................................. Amorphous Silica Fabric, A–570–038 .................................................................................................................................... Certain Biaxial Integral Geogrid Products, A–570–036 ......................................................................................................... Certain Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 ....................................................................................... Certain Plastic Decorative Ribbon, A–570–075 ..................................................................................................................... Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ......................................................................................... Glycine, A–570–836 ............................................................................................................................................................... Large Diameter Welded Pipe, A–570–077 ............................................................................................................................ Sodium Hexametaphosphate, A–570–908 ............................................................................................................................. Certain Tissue Paper Products, A–570–894 .......................................................................................................................... Certain Uncoated Paper, A–570–022 .................................................................................................................................... UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 .......................................................................................................... 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 9/24/19–2/28/21 3/1/20–2/28/21 9/24/19–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20 –2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 3/1/20–2/28/21 Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ............................................................................................................... Large Diameter Welded Pipe, C–533–882 ............................................................................................................................ Off-The-Road Tires, C–533–870 ............................................................................................................................................ Sulfanilic Acid, C–533–807 .................................................................................................................................................... INDONESIA: Certain Uncoated Paper, C–560–829 ..................................................................................................................... IRAN: In-Shell Pistachios, C–507–501 .......................................................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 .................................................................................. Amorphous Silica Fabric, C–570–039 .................................................................................................................................... Certain Biaxial Integral Geogrid Products, C–570–037 ......................................................................................................... Certain Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ....................................................................................... Certain Plastic Decorative Ribbon, C–570–076 ..................................................................................................................... Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ......................................................................................... Fine Denier Polyester Staple Fiber, C–570–061 ................................................................................................................... Large Diameter Welded Pipe, C–570–078 ............................................................................................................................ Certain Uncoated Paper, C–570–023 .................................................................................................................................... TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ..................................................................................... 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 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 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) VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 As explained in Antidumping and Countervailing Duty Proceedings: 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/. E:\FR\FM\01MRN1.SGM 01MRN1 11924 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 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 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). VerDate Sep<11>2014 18:48 Feb 26, 2021 Jkt 253001 March 2021. If Commerce does not receive, by the last day of March 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: February 18, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–04133 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–092] Mattresses From the People’s Republic of China: Preliminary Intent To Rescind the 2020 Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) preliminarily finds that Shanghai Sunbeauty Trading Co., Ltd. (Sunbeauty) did not make a bona fide sale during the period of review (POR). Therefore, we preliminarily determine to rescind this new shipper review (NSR). SUMMARY: DATES: Applicable March 1, 2021. FOR FURTHER INFORMATION CONTACT: Jesse Montoya, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8211. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Background On July 31, 2020, Commerce published a notice of initiation of a new shipper review of the antidumping duty order on mattresses from the People’s Republic of China (China).1 Commerce subsequently issued an antidumping duty questionnaire, and supplemental questionnaires, to Sunbeauty and received timely responses. For additional background, see the Preliminary Decision Memorandum.2 Scope of the Order The merchandise covered by the order are all types of youth and adult mattresses from China. The products subject to the order are currently properly classifiable under Harmonized Tariff Schedule for the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this order may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this order is dispositive. For a complete description of the scope of the order, see the Preliminary Decision Memorandum.3 Methodology Commerce is conducting this review in accordance with section 75l(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of sections in the Preliminary Decision Memorandum is attached in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Preliminary Decision 1 See Mattresses from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 85 FR 46069 (July 31, 2020). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Intent to Rescind the 2020 Antidumping Duty New Shipper Review of Mattresses from the People’s Republic of China,’’ issued concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 Id. E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11921-11924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04133]


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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

[[Page 11922]]

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

    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------

    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 
March 2021,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in March for the following periods:
---------------------------------------------------------------------------

    \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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                                                             Period
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             Antidumping Duty Proceedings
 
AUSTRALIA: Certain Uncoated Paper, A-602-807.........     3/1/20-2/28/21
BELGIUM: Acetone, A-423-814..........................    9/24/19-2/28/21
BRAZIL: Certain Uncoated Paper, A-351-842............     3/1/20-2/28/21
CANADA: Iron Construction Castings, A-122-503........     3/1/20-2/28/21

[[Page 11923]]

 
FRANCE: Brass Sheet & Strip, A-427-602...............     3/1/20-2/28/21
GERMANY: Brass Sheet & Strip, A-428-602..............     3/1/20-2/28/21
INDIA: Large Diameter Welded Pipe, A-533-881.........     3/1/20-2/28/21
    Off-The-Road Tires, A-533-869....................     3/1/20-2/28/21
    Sulfanilic Acid, A-533-806.......................     3/1/20-2/28/21
INDONESIA: Certain Uncoated Paper, A-560-828.........     3/1/20-2/28/21
ITALY: Brass Sheet & Strip, A-475-601................     3/1/20-2/28/21
PORTUGAL: Certain Uncoated Paper, A-471-807..........     3/1/20-2/28/21
REPUBLIC OF KOREA: Acetone, A-580-899................    9/24/19-2/28/21
RUSSIA: Silicon Metal, A-821-817.....................     3/1/20-2/28/21
SOUTH AFRICA: Acetone, A-791-824.....................    9/24/19-2/28/21
    Carbon and Alloy Steel Wire Rod, A-791-823.......     3/1/20-2/28/21
TAIWAN: Light-Walled Rectangular Welded Carbon Steel      3/1/20-2/28/21
 Pipe and Tube, A-583-803............................
THAILAND: Circular Welded Carbon Steel Pipes and          3/1/20-2/28/21
 Tubes, A-549-502....................................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, A-      3/1/20-2/28/21
 570-049.............................................
    Amorphous Silica Fabric, A-570-038...............     3/1/20-2/28/21
    Certain Biaxial Integral Geogrid Products, A-570-     3/1/20-2/28/21
     036.............................................
    Certain Carbon and Alloy Steel Cut-To-Length          3/1/20-2/28/21
     Plate, A-570-047................................
    Certain Plastic Decorative Ribbon, A-570-075.....     3/1/20-2/28/21
    Circular Welded Austenitic Stainless Pressure         3/1/20-2/28/21
     Pipe, A-570-930.................................
    Glycine, A-570-836...............................     3/1/20-2/28/21
    Large Diameter Welded Pipe, A-570-077............    3/1/20 -2/28/21
    Sodium Hexametaphosphate, A-570-908..............     3/1/20-2/28/21
    Certain Tissue Paper Products, A-570-894.........     3/1/20-2/28/21
    Certain Uncoated Paper, A-570-022................     3/1/20-2/28/21
UKRAINE: Carbon and Alloy Steel Wire Rod, A-823-816..     3/1/20-2/28/21
 
           Countervailing Duty Proceedings
 
INDIA: Fine Denier Polyester Staple Fiber, C-533-876.    1/1/20-12/31/20
    Large Diameter Welded Pipe, C-533-882............    1/1/20-12/31/20
    Off-The-Road Tires, C-533-870....................    1/1/20-12/31/20
    Sulfanilic Acid, C-533-807.......................    1/1/20-12/31/20
INDONESIA: Certain Uncoated Paper, C-560-829.........    1/1/20-12/31/20
IRAN: In-Shell Pistachios, C-507-501.................    1/1/20-12/31/20
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, C-     1/1/20-12/31/20
 570-050.............................................
    Amorphous Silica Fabric, C-570-039...............    1/1/20-12/31/20
    Certain Biaxial Integral Geogrid Products, C-570-    1/1/20-12/31/20
     037.............................................
    Certain Carbon and Alloy Steel Cut-To-Length         1/1/20-12/31/20
     Plate, C-570-048................................
    Certain Plastic Decorative Ribbon, C-570-076.....    1/1/20-12/31/20
    Circular Welded Austenitic Stainless Pressure        1/1/20-12/31/20
     Pipe, C-570-931.................................
    Fine Denier Polyester Staple Fiber, C-570-061....    1/1/20-12/31/20
    Large Diameter Welded Pipe, C-570-078............    1/1/20-12/31/20
    Certain Uncoated Paper, C-570-023................    1/1/20-12/31/20
TURKEY: Circular Welded Carbon Steel Pipes and Tubes,    1/1/20-12/31/20
 C-489-502...........................................
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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 11924]]

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 March 2021. If Commerce does not receive, by the 
last day of March 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: February 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-04133 Filed 2-26-21; 8:45 am]
BILLING CODE 3510-DS-P