Dioctyl Terephthalate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019, 18509-18511 [2021-07304]
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
performed in this final determination
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of the publication of this notice to
parties in this proceeding in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise from Maklada and
all other producers and exporters, as
described in Appendix I, entered, or
withdrawn from warehouse, for
consumption on or after November 19,
2020, the date of publication of the
Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
publication of this notice, Commerce
will instruct CBP to require a cash
deposit for such entries of merchandise
equal to the estimated weighted average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not a respondent identified above but
the producer is, then the cash deposit
rate will be equal to the respondentspecific estimated weighted-average
dumping margin established for that
producer of the subject merchandise;
and (3) the cash deposit rate for all other
producers and exporters will be equal to
the all-others estimated weightedaverage dumping margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of PC strand no later than
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
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exist, the proceeding will be terminated,
and all cash deposits will be refunded.
If the ITC determines that material
injury or threat of material injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act, and 19 CFR 351.210(c).
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is prestressed concrete steel
wire strand (PC strand), produced from wire
of non-stainless, non-galvanized steel, which
is suitable for use in prestressed concrete
(both pretensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered strand
and all types, grades, and diameters of PC
strand. PC strand is normally sold in the
United States in sizes ranging from 0.25
inches to 0.70 inches in diameter. PC strand
made from galvanized wire is only excluded
from the scope if the zinc and/or zinc oxide
coating meets or exceeds the 0.40 oz./ft2
standard set forth in ASTM–A–475.
The PC strand subject to this investigation
is currently classifiable under subheadings
7312.10.3010 and 7312.10.3012 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
Frm 00016
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether SAS Program
Language Should Reflect that Maklada
Industries and Maklada SA Were
Collapsed into A Single Entity
Comment 2: Whether Maklada Failed to
Properly Report Its Warranty Expenses
for Its U.S. Sales
Comment 3: Whether Commerce Should
Include Maklada’s Parent’s General and
Administrative (G&A) Expenses in
Maklada’s G&A Ratio
Comment 4: Whether Commerce Should
Include Maklada’s Parent’s Interest
Expenses in Maklada’s Interest Expense
Ratio
VI. Recommendation
[FR Doc. 2021–07364 Filed 4–8–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–889]
Dioctyl Terephthalate From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hanwha
Chemical Corporation, a producer or
exporter subject to this review, made
sales of subject merchandise at less than
normal value during the period of
review (POR), August 1, 2018, through
July 31, 2019. Commerce determines
that Hanwha Chemical Corporation
(Hanwha Chemical) made sales of
subject merchandise at less than normal
value during the POR, and that Aekyung
Petrochemical Co., Ltd. (AKP) and LG
Chem, Ltd. (LG Chem), did not make
sales of subject merchandise at less than
normal value during the POR.
DATES: Applicable April 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Patrick Barton, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–0012,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Appendix II
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Sfmt 4703
Background
On December 23, 2020, Commerce
published the Preliminary Results for
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
this administrative review.1 We invited
interested parties to comment on the
Preliminary Results.2 This review covers
three respondents: AKP, Hanwha
Chemical, and LG Chem. No interested
party submitted comments on the
Preliminary Results. Accordingly, the
final results remain unchanged from the
Preliminary Results. Commerce
conducted this review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise covered by this
order is dioctyl terephthalate (DOTP),
regardless of form. DOTP that has been
blended with other products is included
within this scope when such blends
include constituent parts that have not
been chemically reacted with each other
to produce a different product. For such
blends, only the DOTP component of
the mixture is covered by the scope of
this order.
DOTP that is otherwise subject to this
order is not excluded when commingled
with DOTP from sources not subject to
this order. Commingled refers to the
mixing of subject and non-subject
DOTP. Only the subject component of
such commingled products is covered
by the scope of the order.
DOTP has the general chemical
formulation C6H4(C8H17COO)2 and a
chemical name of ‘‘bis (2-ethylhexyl)
terephthalate’’ and has a Chemical
Abstract Service (CAS) registry number
of 6422–86–2. Regardless of the label,
all DOTP is covered by this order.
Subject merchandise is currently
classified under subheading
2917.39.2000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Subject merchandise may also enter
under subheadings 2917.39.7000 or
3812.20.1000 of the HTSUS. While the
CAS registry number and HTSUS
classification are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
The merchandise covered by this
order is dioctyl terephthalate (DOTP),
regardless of form. DOTP that has been
blended with other products is included
within this scope when such blends
include constituent parts that have not
been chemically reacted with each other
to produce a different product. For such
blends, only the DOTP component of
the mixture is covered by the scope of
this order.
1 See Dioctyl Terephthalate from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019, 85 FR 83894
(December 23, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Preliminary Results, 85 FR at 83895.
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Application of Adverse Facts Available
assessment rate is zero or de minimis,
For these final results, we continue to we will instruct CBP to liquidate the
appropriate entries without regard to
find that Hanwha Chemical withheld
antidumping duties.
information requested by Commerce,
Commerce’s ‘‘reseller policy’’ will
failed to provide the requested
apply
to entries of subject merchandise
information in the form and manner
during the POR produced by companies
requested, and significantly impeded
included in these final results of review
the proceeding, warranting a
for which the reviewed companies did
determination on the basis of the facts
not know that the merchandise they
available under section 776(a) of the
sold to the intermediary (e.g., a reseller,
Act. Further, we continue to find that
Hanwha Chemical failed to cooperate to trading company, or exporter) was
the best of its ability pursuant to section destined for the United States. In such
instances, we will instruct CBP to
776(b) of the Act. Therefore, we
liquidate unreviewed entries at the allcontinue to find that the application of
others rate if there is no rate for the
adverse facts available, pursuant to
intermediate company(ies) involved in
sections 776(a) and (b) of the Act, is
the transaction.3
warranted with respect to Hanwha
The final results of this administrative
Chemical.
review shall be the basis for the
Final Results of the Administrative
assessment of antidumping duties on
Review
entries of merchandise under review
and for future cash deposits of estimated
We determine that the following
duties, where applicable. Consistent
weighted-average dumping margins
with its recent notice,4 Commerce
exist for the respondents for the period
intends
to issue assessment instructions
August 1, 2018, through July 31, 2019:
to CBP no earlier than 35 days after the
Weighted- date of publication of the final results of
this review in the Federal Register. If a
average
Exporter or producer
dumping
timely summons is filed at the U.S.
margin
Court of International Trade, the
(percent)
assessment instructions will direct CBP
Aekyung Petrochemical Co., Ltd
0.00 not to liquidate relevant entries until the
Hanwha Chemical Corporation ..
22.97 time for parties to file a request for a
LG Chem, Ltd .............................
0.00 statutory injunction has expired (i.e.,
within 90 days of publication).
Disclosure
Cash Deposit Requirements
As noted above, Commerce received
The following cash deposit
no comments on its Preliminary Results. requirements for estimated antidumping
As a consequence, we have not
duties will be effective for all shipments
modified our analysis, and will not
of subject merchandise entered, or
issue a decision memorandum to
withdrawn from warehouse, for
accompany this Federal Register notice. consumption on or after the publication
Further, because we have not changed
date of the final results of this
our calculations since the Preliminary
administrative review, as provided by
Results, there are no new calculations to section 751(a)(2)(C) of the Act: (1) The
disclose in accordance with 19 CFR
cash deposit rate for the companies
351.224(b) for these final results.
listed above will be equal to each
company’s weighted-average dumping
Assessment Rates
Pursuant to section 751(a)(2)(A) of the margin established in the final results of
this administrative review (except if that
Act and 19 CFR 351.212(b)(1),
rate is de minimis, in which situation
Commerce will determine, and U.S.
the cash deposit rate will be zero); (2)
Customs and Border Protection (CBP)
for merchandise exported by a producer
shall assess, antidumping duties on all
or exporter not covered in this review
appropriate entries of subject
but covered in a prior completed
merchandise in accordance with the
segment of the proceeding, the cash
final results of this review. We will
deposit rate will continue to be the
calculate importer-specific assessment
rates on the basis of the ratio of the total company-specific rate published for the
amount of dumping calculated for each
importer’s examined sales and the total
entered value of the importer’s sales in
accordance with 19 CFR 351.212(b)(1).
Where the respondent’s weightedaverage dumping margin is either zero
or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific
PO 00000
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Fmt 4703
Sfmt 4703
3 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
4 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
E:\FR\FM\09APN1.SGM
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Notices
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the producer has been covered in a prior
complete segment of this proceeding,
the cash deposit rate will be the
company-specific rate established for
the most recent period for the producer
of the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 3.69 percent,5 the
all-others rate established in the lessthan-fair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
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 Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–07304 Filed 4–8–21; 8:45 am]
BILLING CODE 3510–DS–P
5 See Dioctyl Terephthalate from the Republic of
Korea: Antidumping Duty Order, 82 FR 39410
(August 18, 2017).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–983]
Drawn Stainless Steel Sinks From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that certain
companies covered by this
administrative review sold drawn
stainless sinks from the People’s
Republic of China (China) at less than
normal value during the period of
review (POR) April 1, 2019, through
March 31, 2020.
DATES: Applicable April 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 28, 2021, Commerce
published the Preliminary Results and
invited interested parties to comment.1
We received no comments from
interested parties on the Preliminary
Results. Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the order
include drawn stainless steel sinks.
Imports of subject merchandise are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7324.10.0000 and 7324.10.0010.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.2
Final Results of Review
Because we received no comments,
we made no changes from the
Preliminary Results. Therefore, we
1 See Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 7363 (January 28, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 For a complete description of the scope of the
order, see the Preliminary Results PDM at 4.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
18511
continue to find that the two mandatory
respondents, Jiangmen New Star HiTech Enterprise Ltd. (New Star) and
Zhuhai Kohler Kitchen & Bathroom
Products Co., Ltd. (Kohler), have not
established their eligibility for a
separate rate and are part of the Chinawide entity. We also continue to find for
these final results that, because the
following companies did not submit
separate rate applications or
certifications, they are ineligible for a
separate rate and are part of the Chinawide entity: Guangdong G-Top Import &
Export Co., Ltd. (G-Top); Jiangmen
Pioneer Import & Export Co., Ltd.
(Pioneer); and Zhongshan Superte
Kitchenware Co., Ltd. (Superte). Finally,
we continue to grant a separate rate to
KaiPing Dawn Plumbing Products Inc.
(KaiPing Dawn), which demonstrated
eligibility for separate rate status but
was not selected for individual
examination.3 We determine that the
dumping margin for KaiPing Dawn for
the period April 1, 2019, through March
31, 2020 is as follows:
Exporter
KaiPing Dawn Plumbing Products Inc ....................................
Weightedaverage
dumping
margin
(percent)
1.78
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Because we determined
that the following companies were not
eligible for a separate rate and are part
of the China-wide entity, we will
instruct CBP to apply an ad valorem
assessment rate of 76.45 percent to all
entries of subject merchandise during
the POR that were produced and/or
exported by: New Star; Kohler; G-Top;
Pioneer; and Superte. We will instruct
CBP to apply an assessment rate to all
entries of merchandise produced and/or
exported by KaiPing Dawn equal to the
dumping margin indicated above.
Consistent with its recent notice,4
Commerce intends to issue assessment
3 We assigned KaiPing Dawn the most recently
assigned separate rate in this proceeding (i.e., 1.78
percent). See Drawn Stainless Steel Sinks from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 85 FR 11341 (February 27, 2020).
4 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duly
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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]]>Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18509-18511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07304]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-889]
Dioctyl Terephthalate From the Republic of Korea: Final Results
of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hanwha
Chemical Corporation, a producer or exporter subject to this review,
made sales of subject merchandise at less than normal value during the
period of review (POR), August 1, 2018, through July 31, 2019. Commerce
determines that Hanwha Chemical Corporation (Hanwha Chemical) made
sales of subject merchandise at less than normal value during the POR,
and that Aekyung Petrochemical Co., Ltd. (AKP) and LG Chem, Ltd. (LG
Chem), did not make sales of subject merchandise at less than normal
value during the POR.
DATES: Applicable April 9, 2021.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-0012, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2020, Commerce published the Preliminary Results
for
[[Page 18510]]
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results.\2\ This review covers three respondents:
AKP, Hanwha Chemical, and LG Chem. No interested party submitted
comments on the Preliminary Results. Accordingly, the final results
remain unchanged from the Preliminary Results. Commerce conducted this
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Dioctyl Terephthalate from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 83894 (December 23, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 85 FR at 83895.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is dioctyl terephthalate
(DOTP), regardless of form. DOTP that has been blended with other
products is included within this scope when such blends include
constituent parts that have not been chemically reacted with each other
to produce a different product. For such blends, only the DOTP
component of the mixture is covered by the scope of this order.
DOTP that is otherwise subject to this order is not excluded when
commingled with DOTP from sources not subject to this order. Commingled
refers to the mixing of subject and non-subject DOTP. Only the subject
component of such commingled products is covered by the scope of the
order.
DOTP has the general chemical formulation C6H4(C8H17COO)2 and a
chemical name of ``bis (2-ethylhexyl) terephthalate'' and has a
Chemical Abstract Service (CAS) registry number of 6422-86-2.
Regardless of the label, all DOTP is covered by this order.
Subject merchandise is currently classified under subheading
2917.39.2000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under subheadings
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry
number and HTSUS classification are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.
The merchandise covered by this order is dioctyl terephthalate
(DOTP), regardless of form. DOTP that has been blended with other
products is included within this scope when such blends include
constituent parts that have not been chemically reacted with each other
to produce a different product. For such blends, only the DOTP
component of the mixture is covered by the scope of this order.
Application of Adverse Facts Available
For these final results, we continue to find that Hanwha Chemical
withheld information requested by Commerce, failed to provide the
requested information in the form and manner requested, and
significantly impeded the proceeding, warranting a determination on the
basis of the facts available under section 776(a) of the Act. Further,
we continue to find that Hanwha Chemical failed to cooperate to the
best of its ability pursuant to section 776(b) of the Act. Therefore,
we continue to find that the application of adverse facts available,
pursuant to sections 776(a) and (b) of the Act, is warranted with
respect to Hanwha Chemical.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the respondents for the period August 1, 2018, through July
31, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Aekyung Petrochemical Co., Ltd.............................. 0.00
Hanwha Chemical Corporation................................. 22.97
LG Chem, Ltd................................................ 0.00
------------------------------------------------------------------------
Disclosure
As noted above, Commerce received no comments on its Preliminary
Results. As a consequence, we have not modified our analysis, and will
not issue a decision memorandum to accompany this Federal Register
notice. Further, because we have not changed our calculations since the
Preliminary Results, there are no new calculations to disclose in
accordance with 19 CFR 351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of the
importer's sales in accordance with 19 CFR 351.212(b)(1).
Where the respondent's weighted-average dumping margin is either
zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\3\
---------------------------------------------------------------------------
\3\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future cash deposits of estimated duties, where
applicable. Consistent with its recent notice,\4\ 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).
---------------------------------------------------------------------------
\4\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for the companies listed above will be equal to each company's
weighted-average dumping margin established in the final results of
this administrative review (except if that rate is de minimis, in which
situation the cash deposit rate will be zero); (2) for merchandise
exported by a producer or exporter not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the
[[Page 18511]]
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the producer
has been covered in a prior complete segment of this proceeding, the
cash deposit rate will be the company-specific rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
3.69 percent,\5\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\5\ See Dioctyl Terephthalate from the Republic of Korea:
Antidumping Duty Order, 82 FR 39410 (August 18, 2017).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: April 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-07304 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-DS-P
