Chlorinated Isocyanurates From the People's Republic of China: Preliminary Determination of No Shipments; 2019-2020, 13291-13292 [2021-04765]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. The use of a proprietary alloy or non-proprietary alloy that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope. Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H–19, H–41, H–48, H–39, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 IV. Application of Adverse Facts Available (AFA) Concerning the Specificity of the Ex-Tarifario and Lei do Bem Programs V. Subsidies Valuation VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether Commerce Applied Appropriate Negligibility and De Minimis Thresholds Comment 2: Whether Commerce Correctly Analyzed Benefit for the Integrated Drawback Program Comment 3: Whether the Integrated Drawback Program Provides Excessive Remission Comment 4: Whether Furnas’ Sales of Electricity to Companhia Brasileiro de Aluminio (CBA) are a Countervailable Subsidy Comment 5: Whether the Ex-Tarifario Program Provides a Financial Contribution and Is Specific Comment 6: Whether Commerce Was Correct To Apply Adverse Facts Available (AFA) To Find the Lei do Bem Program De Facto Specific Comment 7: Whether the BNDES Finame Program Is Specific Comment 8: Whether the Espirito Santo ICMS Reduction Program Is Specific or Tied to Non-Subject Merchandise VIII. Recommendation [FR Doc. 2021–04724 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–898] Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Determination of No Shipments; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai Chemical Co., Ltd. (Kangtai), the only two companies subject to review, did not have any shipments of subject merchandise during the period of review (POR), June 1, 2019, through May 31, 2020. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3964. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 6, 2020, Commerce initiated the administrative review of PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 13291 the AD order on chlorinated isocyanurates (chlorinated isos) from China covering the period June 1, 2019, through May 31, 2020.1 The petitioners in this review are Bio-lab, Inc., Clearon Corp., and Occidental Chemical Corp. (collectively, the petitioners). This review covers two producers/exporters: Heze Huayi and Kangtai. On September 8, 2020, Heze Huayi and Kangtai both certified that their respective companies had no entries of subject merchandise during the POR.2 Based on our review of U.S. Customs and Border Protection data, we preliminarily found that Heze Huayi and Kangtai had no entries of subject merchandise originating from China, that were subject to antidumping duties during the POR.3 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I 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 and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The products covered by the order are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. For a full description of the scope of the order, see Preliminary Decision Memorandum.5 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 47731 (August 6, 2020). 2 See Heze Huayi’s Letter, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: No Sales Certification,’’ dated September 8, 2020; see also Kangtai’s Letter, ‘‘Chlorinated Isocyanurates from the People’s Republic of China: No Sales Certification,’’ dated September 8, 2020. 3 See Memorandum, ‘‘U.S. Customs and Border Protection (CBP) Data for Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai Chemical Co., Ltd.,’’ dated November 17, 2020. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2019–2020 Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 Id. E:\FR\FM\08MRN1.SGM 08MRN1 13292 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. Preliminary Determination of No Shipments Based on the available record information, Commerce preliminarily determines that Heze Huayi and Kangtai had no shipments during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with our assessment practice in non-market economy administrative reviews, Commerce is not rescinding this review for Heze Huayi and Kangtai, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.6 China-Wide Entity Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.7 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity, and we did not self-initiate a review, the Chinawide entity rate (i.e., 285.63 percent) is not subject to change as a result of this review.8 Aside from Heze Huayi and Kangtai, no other companies requested a review. For additional information, see the Preliminary Decision Memorandum. jbell on DSKJLSW7X2PROD with NOTICES Public Comment In accordance with 19 CFR 351.309(c), case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of these preliminary results, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011); see also the ‘‘Assessment Rates’’ section, below. 7 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). 8 See Notice of Final Determination of Sales at Less Than Fair Value: Chlorinated Isocyanurates from the People’s Republic of China, 70 FR 24502, 24505 (May 10, 2005) (Chlorinated Isos Investigation). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 briefs.9 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, within 30 days of the date of publication of this notice.11 Requests should contain: (1) The party’s name, address and telephone number; (2) The number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.12 Parties should confirm the date, time, and location of the hearing two days before the scheduled date. Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuing the final results of this review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.13 We intend to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the China-wide entity at the China-wide rate of 285.63 percent. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a 9 See 19 CFR 351.309(d)(1) and (2). Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See 19 CFR 351.310(c). 12 See 19 CFR 351.310(d). 13 See 19 CFR 351.212(b)(1). 10 See PO 00000 Frm 00014 Fmt 4703 Sfmt 9990 statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the existing producer/exporter-specific combination rate published for the most recent period; (2) for all Chinese exporters of subject merchandise that have not been found to be eligible for a separate rate, the cash deposit rate will be the China-wide rate of 285.63 percent; 14 and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(4). Dated: March 2, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2021–04765 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P 14 See E:\FR\FM\08MRN1.SGM Chlorinated Isos Investigation. 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13291-13292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai 
Chemical Co., Ltd. (Kangtai), the only two companies subject to review, 
did not have any shipments of subject merchandise during the period of 
review (POR), June 1, 2019, through May 31, 2020.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2020, Commerce initiated the administrative review of 
the AD order on chlorinated isocyanurates (chlorinated isos) from China 
covering the period June 1, 2019, through May 31, 2020.\1\ The 
petitioners in this review are Bio-lab, Inc., Clearon Corp., and 
Occidental Chemical Corp. (collectively, the petitioners). This review 
covers two producers/exporters: Heze Huayi and Kangtai. On September 8, 
2020, Heze Huayi and Kangtai both certified that their respective 
companies had no entries of subject merchandise during the POR.\2\ 
Based on our review of U.S. Customs and Border Protection data, we 
preliminarily found that Heze Huayi and Kangtai had no entries of 
subject merchandise originating from China, that were subject to 
antidumping duties during the POR.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 47731 (August 6, 2020).
    \2\ See Heze Huayi's Letter, ``Chlorinated Isocyanurates from 
the People's Republic of China: No Sales Certification,'' dated 
September 8, 2020; see also Kangtai's Letter, ``Chlorinated 
Isocyanurates from the People's Republic of China: No Sales 
Certification,'' dated September 8, 2020.
    \3\ See Memorandum, ``U.S. Customs and Border Protection (CBP) 
Data for Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai 
Chemical Co., Ltd.,'' dated November 17, 2020.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix I 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 and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review: 
Chlorinated Isocyanurates from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones. For a full description of the scope of the order, see 
Preliminary Decision Memorandum.\5\
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    \5\ Id.

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[[Page 13292]]

Methodology

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

Preliminary Determination of No Shipments

    Based on the available record information, Commerce preliminarily 
determines that Heze Huayi and Kangtai had no shipments during the POR. 
For additional information regarding this determination, see the 
Preliminary Decision Memorandum. Consistent with our assessment 
practice in non-market economy administrative reviews, Commerce is not 
rescinding this review for Heze Huayi and Kangtai, but intends to 
complete the review and issue appropriate instructions to CBP based on 
the final results of the review.\6\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, and we did not 
self-initiate a review, the China-wide entity rate (i.e., 285.63 
percent) is not subject to change as a result of this review.\8\ Aside 
from Heze Huayi and Kangtai, no other companies requested a review. For 
additional information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ 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).
    \8\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Chlorinated Isocyanurates from the People's Republic of 
China, 70 FR 24502, 24505 (May 10, 2005) (Chlorinated Isos 
Investigation).
---------------------------------------------------------------------------

Public Comment

    In accordance with 19 CFR 351.309(c), case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than 30 days after the date of publication of 
these preliminary results, unless the Secretary alters the time limit. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\9\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are requested to submit with each with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d)(1) and (2).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this 
notice.\11\ Requests should contain: (1) The party's name, address and 
telephone number; (2) The number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.\12\ Parties should confirm the date, time, 
and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\13\ We intend to liquidate entries containing subject 
merchandise exported by the companies under review that we determine in 
the final results to be part of the China-wide entity at the China-wide 
rate of 285.63 percent. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the existing producer/exporter-specific combination rate published 
for the most recent period; (2) for all Chinese exporters of subject 
merchandise that have not been found to be eligible for a separate 
rate, the cash deposit rate will be the China-wide rate of 285.63 
percent; \14\ and (3) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter(s) that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \14\ See Chlorinated Isos Investigation.
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2021-04765 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P