Certain Cut-to-Length Carbon Steel Plate From the Russian Federation and Ukraine; Final Results of the Expedited Fourth Sunset Reviews of the Suspension Agreements, 13297-13298 [2021-04736]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–821–808; A–823–808] Certain Cut-to-Length Carbon Steel Plate From the Russian Federation and Ukraine; Final Results of the Expedited Fourth Sunset Reviews of the Suspension Agreements Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that termination of the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (Russia) and the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from Ukraine (collectively, Suspension Agreements) and the respective suspended investigations would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail are indicated in the ‘‘Final Results of Reviews’’ section of this notice. DATES: Applicable: March 8, 2021. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Rebecca Lee, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–0162 or (202) 482–6188, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background jbell on DSKJLSW7X2PROD with NOTICES On November 3, 2020, Commerce published the notice of initiation of these sunset reviews of the suspended antidumping duty investigations of certain cut-to-length carbon steel plate (CTL plate) from Russia and Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 Pursuant to 19 CFR 351.218(d)(1)(i), Commerce received timely and complete notices of intent to participate in these sunset reviews from SSAB Enterprises LLC (SSAB) on November 13, 2020,2 from ArcelorMittal USA LLC 1 See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 (November 3, 2020). 2 See Letter from SSAB, ‘‘Notice of Intent to Participate in the Fourth Five-Year Review of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from Russia,’’ dated November 13, 2020; Letter from SSAB, ‘‘Notice of Intent to Participate in the Fourth Five-Year Review of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from Ukraine,’’ dated November 13, 2020. VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 (AMUSA) 3 and Nucor Corporation (Nucor) 4 on November 16, 2020, and from JSW Steel (USA) Inc. (JSW) on November 18, 2020 5 (collectively, domestic interested parties). On November 30, 2020, Commerce received adequate substantive responses from Nucor, AMUSA, and SSAB within the deadline specified in 19 CFR 351.218(d)(1)(i).6 Commerce did not receive substantive responses from any respondent interested party for either sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited sunset reviews of these Suspension Agreements. Scope of Reviews The products covered by these Suspension Agreements include hotrolled iron and non-alloy steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of a thickness of not less than 4 mm, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least twice the thickness. Included as subject merchandise in the Suspension Agreements are flat-rolled products of nonrectangular cross-section where 3 See Letter from AMUSA, ‘‘Cut-to-Length Carbon Steel Plate from the Russian Federation— ArcelorMittal USA LLC’s Notice of Intent to Participate,’’ dated November 16, 2020; Letter from AMUSA, ‘‘Cut-to-Length Carbon Steel Plate from Ukraine—ArcelorMittal USA LLC’s Notice of Intent to Participate,’’ dated November 16, 2020. 4 See Letter from Nucor, ‘‘Cut-to-Length Carbon Steel Plate from the Russian Federation: Notice of Intent to Participate in Review,’’ dated November 16, 2020; Letter from Nucor, ‘‘Cut-to-Length Carbon Steel Plate from Ukraine: Notice of Intent to Participate in Review,’’ dated November 16, 2020. 5 See Letter from JSW, ‘‘Cut-to-Length Carbon Steel Plate from the Russian Federation: Notice of Intent to Participate in Review,’’ dated November 18, 2020; Letter from JSW, ‘‘Cut-to-Length Carbon Steel Plate from Ukraine: Notice of Intent to Participate in Review,’’ dated November 18, 2020. 6 See Letter from Nucor, AMUSA, and SSAB, ‘‘Certain Cut-to-Length Carbon Steel Plate from Ukraine: Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated November 30, 2020; Letter from Nucor, AMUSA, and SSAB, ‘‘Certain Cut-to-Length Carbon Steel Plate from Russia: Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated November 30, 2020. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 13297 such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’) for example, products which have been beveled or rounded at the edges. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Suspension Agreements is dispositive. Specifically excluded from the subject merchandise within the scope of these Suspension Agreements is grade X–70 plate. Analysis of Comments Received A complete discussion of all issues raised in these sunset reviews is provided in the respective accompanying Issues and Decision Memoranda.7 The issues discussed in the Issues and Decision Memoranda include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the Suspension Agreements are terminated. The Issues and Decision Memoranda are public documents and are 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, complete versions of the respective Issues and Decision Memoranda can be accessed directly at https:// enforcement.trade.gov/frn. The signed Issues and Decision Memoranda and the electronic versions of the Issues and Decision Memoranda are identical in content. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Fourth Sunset Review of the Agreement Suspending the Antidumping Duty Investigation of Certain-Cut-toLength Carbon Steel Plate from Ukraine; Final Results,’’ dated concurrently with and hereby adopted by this notice; See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Fourth Sunset Review of the Agreement Suspending the Antidumping Duty Investigation of Certain-Cut-to-Length Carbon Steel Plate from the Russia Federation; Final Results,’’ dated concurrently with and hereby adopted by this notice (collectively, Issues and Decision Memoranda). E:\FR\FM\08MRN1.SGM 08MRN1 13298 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices Final Results of Reviews FOR FURTHER INFORMATION CONTACT: Pursuant to section 752(c) of the Act, Commerce determines that termination of the Suspension Agreements and suspended investigations of CTL plate from Russia and Ukraine would likely lead to continuation or recurrence of dumping at weighted-average margins up to 185.00 percent for Russia 8 and up to 237.91 percent for Ukraine.9 Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 3, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–04736 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–820] Common Alloy Aluminum Sheet From Spain: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of common alloy aluminum sheet (aluminum sheet) from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2019, through December 31, 2019. DATES: Applicable March 8, 2021. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: 8 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate From the Russian Federation, 62 FR 61787, 61794 (November 19, 1997). 9 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 62 FR 61754, 61766 (November 19, 1997). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Whitley Herndon, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6274. SUPPLEMENTARY INFORMATION: Background On October 15, 2020, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of aluminum sheet from Spain, in which we also postponed the final determination until March 1, 2021.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The products covered by this investigation are aluminum sheet from Spain. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 Commerce is not 1 See Common Alloy Aluminum Sheet from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 65367 (October 15, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Common Alloy Aluminum Sheet from Spain,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 modifying the scope language as it appeared in the Preliminary Determination. See Appendix I for the final scope of the investigation. Analysis of Comments Received All the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we have made certain changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available In the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act, Commerce relied on partial facts otherwise available, with adverse inferences, for Aludium Transformacion de Productos, S.L. (Aludium), and entirely on facts otherwise available, with adverse inferences for Compania Valenciana de Aluminio Baux S.L.U. 5 See Commerce’s Letter to Aludium Transformacio´n de Productos S.L. (Aludium), ‘‘Request for Documentation,’’ dated November 20, 2020; see also Aludium’s Letter, ‘‘Common Alloy Aluminum Sheet from Spain: Aludium Transformacio´n de Productos, S.L.’s Response to the Questionnaire in Lieu of Verification,’’ dated November 30, 2020. E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13297-13298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04736]



[[Page 13297]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-808; A-823-808]


Certain Cut-to-Length Carbon Steel Plate From the Russian 
Federation and Ukraine; Final Results of the Expedited Fourth Sunset 
Reviews of the Suspension Agreements

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
termination of the Agreement Suspending the Antidumping Investigation 
of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation 
(Russia) and the Agreement Suspending the Antidumping Investigation of 
Certain Cut-to-Length Carbon Steel Plate from Ukraine (collectively, 
Suspension Agreements) and the respective suspended investigations 
would be likely to lead to continuation or recurrence of dumping. The 
magnitude of the dumping margins likely to prevail are indicated in the 
``Final Results of Reviews'' section of this notice.

DATES: Applicable: March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Rebecca Lee, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, telephone: (202) 482-0162 or (202) 482-6188, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2020, Commerce published the notice of initiation of 
these sunset reviews of the suspended antidumping duty investigations 
of certain cut-to-length carbon steel plate (CTL plate) from Russia and 
Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\1\ Pursuant to 19 CFR 351.218(d)(1)(i), Commerce 
received timely and complete notices of intent to participate in these 
sunset reviews from SSAB Enterprises LLC (SSAB) on November 13, 
2020,\2\ from ArcelorMittal USA LLC (AMUSA) \3\ and Nucor Corporation 
(Nucor) \4\ on November 16, 2020, and from JSW Steel (USA) Inc. (JSW) 
on November 18, 2020 \5\ (collectively, domestic interested parties). 
On November 30, 2020, Commerce received adequate substantive responses 
from Nucor, AMUSA, and SSAB within the deadline specified in 19 CFR 
351.218(d)(1)(i).\6\ Commerce did not receive substantive responses 
from any respondent interested party for either sunset review. As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited sunset reviews of 
these Suspension Agreements.
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \2\ See Letter from SSAB, ``Notice of Intent to Participate in 
the Fourth Five-Year Review of the Antidumping Duty Order on Certain 
Cut-to-Length Carbon Steel Plate from Russia,'' dated November 13, 
2020; Letter from SSAB, ``Notice of Intent to Participate in the 
Fourth Five-Year Review of the Antidumping Duty Order on Certain 
Cut-to-Length Carbon Steel Plate from Ukraine,'' dated November 13, 
2020.
    \3\ See Letter from AMUSA, ``Cut-to-Length Carbon Steel Plate 
from the Russian Federation--ArcelorMittal USA LLC's Notice of 
Intent to Participate,'' dated November 16, 2020; Letter from AMUSA, 
``Cut-to-Length Carbon Steel Plate from Ukraine--ArcelorMittal USA 
LLC's Notice of Intent to Participate,'' dated November 16, 2020.
    \4\ See Letter from Nucor, ``Cut-to-Length Carbon Steel Plate 
from the Russian Federation: Notice of Intent to Participate in 
Review,'' dated November 16, 2020; Letter from Nucor, ``Cut-to-
Length Carbon Steel Plate from Ukraine: Notice of Intent to 
Participate in Review,'' dated November 16, 2020.
    \5\ See Letter from JSW, ``Cut-to-Length Carbon Steel Plate from 
the Russian Federation: Notice of Intent to Participate in Review,'' 
dated November 18, 2020; Letter from JSW, ``Cut-to-Length Carbon 
Steel Plate from Ukraine: Notice of Intent to Participate in 
Review,'' dated November 18, 2020.
    \6\ See Letter from Nucor, AMUSA, and SSAB, ``Certain Cut-to-
Length Carbon Steel Plate from Ukraine: Domestic Interested Parties' 
Substantive Response to Notice of Initiation,'' dated November 30, 
2020; Letter from Nucor, AMUSA, and SSAB, ``Certain Cut-to-Length 
Carbon Steel Plate from Russia: Domestic Interested Parties' 
Substantive Response to Notice of Initiation,'' dated November 30, 
2020.
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Scope of Reviews

    The products covered by these Suspension Agreements include hot-
rolled iron and non-alloy steel universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm and of a thickness of 
not less than 4 mm, not in coils and without patterns in relief), of 
rectangular shape, neither clad, plated nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances; and certain iron and non-alloy steel flat-rolled products 
not in coils, of rectangular shape, hot-rolled, neither clad, plated, 
nor coated with metal, whether or not painted, varnished, or coated 
with plastics or other nonmetallic substances, 4.75 mm or more in 
thickness and of a width which exceeds 150 mm and measures at least 
twice the thickness. Included as subject merchandise in the Suspension 
Agreements are flat-rolled products of nonrectangular cross-section 
where such cross-section is achieved subsequent to the rolling process 
(i.e., products which have been ``worked after rolling'') for example, 
products which have been beveled or rounded at the edges. This 
merchandise is currently classified in the Harmonized Tariff Schedule 
of the United States (HTS) under item numbers 7208.40.3030, 
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
and 7212.50.0000. Although the HTS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the Suspension Agreements is dispositive. Specifically excluded from 
the subject merchandise within the scope of these Suspension Agreements 
is grade X-70 plate.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the respective accompanying Issues and Decision 
Memoranda.\7\ The issues discussed in the Issues and Decision Memoranda 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margins likely to prevail if the Suspension 
Agreements are terminated. The Issues and Decision Memoranda are public 
documents and are 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, complete versions of the 
respective Issues and Decision Memoranda can be accessed directly at 
https://enforcement.trade.gov/frn. The signed Issues and Decision 
Memoranda and the electronic versions of the Issues and Decision 
Memoranda are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Fourth Sunset Review of the Agreement Suspending the 
Antidumping Duty Investigation of Certain-Cut-to-Length Carbon Steel 
Plate from Ukraine; Final Results,'' dated concurrently with and 
hereby adopted by this notice; See Memorandum, ``Issues and Decision 
Memorandum for the Expedited Fourth Sunset Review of the Agreement 
Suspending the Antidumping Duty Investigation of Certain-Cut-to-
Length Carbon Steel Plate from the Russia Federation; Final 
Results,'' dated concurrently with and hereby adopted by this notice 
(collectively, Issues and Decision Memoranda).

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[[Page 13298]]

Final Results of Reviews

    Pursuant to section 752(c) of the Act, Commerce determines that 
termination of the Suspension Agreements and suspended investigations 
of CTL plate from Russia and Ukraine would likely lead to continuation 
or recurrence of dumping at weighted-average margins up to 185.00 
percent for Russia \8\ and up to 237.91 percent for Ukraine.\9\
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    \8\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-to-Length Carbon Steel Plate From the Russian 
Federation, 62 FR 61787, 61794 (November 19, 1997).
    \9\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 62 FR 
61754, 61766 (November 19, 1997).
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Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-04736 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P