Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 11921-11924 [2021-04133]
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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
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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
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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:
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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).
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2 Or the next business day, if the deadline falls
on a weekend, Federal holiday or any other day
when Commerce is closed.
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9/24/19–2/28/21
3/1/20–2/28/21
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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)
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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).
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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/.
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reviews.4 Accordingly, the NME entity
will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.5 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.7
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
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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:
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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 https://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.
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]]>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.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity to Request a Review: Not later than the last day of
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:
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\2\ Or the next business day, if the deadline falls on a
weekend, Federal holiday or any other day when Commerce is closed.
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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.
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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
