Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 2019, 26903-26905 [2021-10441]
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26903
Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
In its Remand Redetermination,
pursuant to the Court’s holding in Risen
I, Commerce determined, under
respectful protest, to base Risen’s
unreported FOP consumption on partial
facts available rather than partial AFA.4
Specifically, Commerce based the
unreported FOP consumption on the
average of the consumption that was
reported for certain of Risen’s FOPs.5
Commerce assigned the margin
calculated for Risen to those
respondents eligible for a separate rate
and which participated in the
litigation.6 On May 5, 2021, the Court
sustained Commerce’s Remand
Redetermination.7
Timken Notice
In its decision in Timken,8 as clarified
by Diamond Sawblades,9 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s May 5, 2021, judgment
constitutes a final decision of the Court
that is not in harmony with Commerce’s
Final Results. Thus, this notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce is amending its
Final Results. The amended weightedaverage dumping margin for the
respondents which participated in this
litigation is as follows:
Weightedaverage
dumping
margin
(percent)
Exporter
Risen Energy Co., Ltd./Risen (Wuhai) New Energy Co., Ltd./Zhejiang Twinsel Electronic Technology Co., Ltd./Risen (Luoyang) New
Energy Co., Ltd./Jiujiang Shengchao Xinye Technology Co., Ltd./Jiujiang Shengzhao Xinye Trade Co., Ltd. Ruichang Branch/
Risen Energy (Hong Kong) Co., Ltd ......................................................................................................................................................
Canadian Solar International Limited/Canadian Solar Manufacturing (Changshu), Inc./Canadian Solar Manufacturing (Luoyang),
Inc./CSI Cells Co., Ltd./CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd./CSI Solar Power (China) Inc ......................................
Shanghai BYD Co., Ltd .............................................................................................................................................................................
Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding
Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy
Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ...............................................................................................
Because the cash deposit rates for all
of the respondents listed above have a
superseding cash deposit rate, i.e., there
have been final results published in a
subsequent administrative review, this
notice does not affect the current cash
deposit rates of these respondents and
we will not issue revised cash deposit
instructions to U.S. Customs and Border
Protection (CBP).
jbell on DSKJLSW7X2PROD with NOTICES
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: Were exported by all of the
respondents listed above and were
entered, or withdrawn from warehouse,
for consumption during the period
December 1, 2016, through November
30, 2017. These entries will remain
enjoined pursuant to the terms of the
injunction during the pendency of any
appeals process.
In the event the Court’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by all of the
4 See Final Results of Redetermination Pursuant
to Court Order, Risen Energy Co., Ltd. et al. v.
United States, Consol. Court No. 19–00153, Slip
Op. 20–152 (February 10, 2021) at 4.
5 Id. at 6.
6 Id. at 7–8.
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16:40 May 17, 2021
Jkt 253001
respondents listed above in accordance
with 19 CFR 351.212(b). We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific ad valorem assessment rate is
not zero or de minimis. Where an
import-specific ad valorem assessment
rate is zero or de minimis,10 we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: May 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–10439 Filed 5–17–21; 8:45 am]
BILLING CODE 3510–DS–P
7 See Risen Energy Co., Ltd., et al. v. United
States, et al., Consol. Court No. 19–00153, Slip Op.
21–55 (Ct. Int’l Trade May 5, 2021).
8 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
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3.63
3.30
3.30
3.30
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–876]
Fine Denier Polyester Staple Fiber
From India: Preliminary Results of
Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Reliance Industries Limited
(Reliance), a producer/exporter of fine
denier polyester staple fiber (fine denier
PSF) from India, received
countervailable subsidies that are above
de minimis during the period of review,
January 1, 2019, through December 31,
2019.
DATES: Applicable May 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
9 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
10 See 19 CFR 351.106(c)(2).
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3609.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, Commerce published
a notice of initiation of an
administrative review of the
countervailing duty order on fine denier
PSF from India with respect to
Reliance.1 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by 60 days,2 thereby extending
the deadline for these preliminary
results until February 1, 2021.3 On
January 6, 2021, Commerce postponed
the preliminary results of this review by
95 days until May 5, 2021.4 On May 3,
2021, Commerce postponed the
preliminary results of this review by an
additional seven days until May 12,
2021.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included at 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 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/.
Scope of the Order
jbell on DSKJLSW7X2PROD with NOTICES
The merchandise covered by the
Order is fine denier polyester staple
fiber (fine denier PSF). For a complete
description of the scope of the Order,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020) (Initiation Notice) at 26935.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 The actual deadline for completing the
preliminary results was January 30, 2021. Because
January 30, 2021 is a Saturday, the deadline moved
to the next business day, February 1, 2021. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated January 6, 2021.
5 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results,’’ dated May 3,
2021.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019 Administrative
Review of the Countervailing Duty Order on Fine
Denier Polyester Staple Fiber from India,’’ dated
concurrently, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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16:40 May 17, 2021
Jkt 253001
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily find
that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.7 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rate for the
sole mandatory respondent, Reliance,
for the period January 1, 2019, through
December 31, 2019:
Company
Subsidy rate
(percent
ad valorem)
Reliance Industries Limited ......
4.89
Assessment Rate
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
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).
Cash Deposit Rate
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amount indicated above
with regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. For all non7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5)(A)
of the Act regarding specificity.
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reviewed firms, Commerce will instruct
CBP to continue to collect cash deposits
of estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties in this
proceeding the calculations performed
in reaching the preliminary results
within five days of publication of these
preliminary results in the Federal
Register.8 Interested parties may submit
written comments (case briefs) on the
preliminary results no later than 30 days
from the date of publication of this
Federal Register notice, and rebuttal
comments (rebuttal briefs) within seven
days after the time limit for filing case
briefs.9 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.11 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. Issues addressed
at the hearing will be limited to those
raised in the 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
by telephone the date and time of the
hearing two days before the scheduled
date.
Parties are reminded that all briefs
and hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
8 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also 19 CFR 351.303 (for general filing
requirements).
10 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
11 See 19 CFR 351.310(c).
12 Id.
9 See
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
proprietary information, until further
notice.13
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Notification to Interested Parties
These preliminary results are issued
and published 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: May 12, 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. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2021–10441 Filed 5–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From Germany:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances in Part,
Postponement of Final Determination,
and Extension of Provisional
Measures; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) published notice in the
Federal Register of May 12, 2021, in
which Commerce made a preliminary
affirmative determination of sales at less
than fair value (LTFV) of thermal paper
from Germany. This notice failed to
include language regarding the
suspension of liquidation for
Papierfabrik August Koehler SE
(Koehler) during the critical
circumstances period.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
16:40 May 17, 2021
Jkt 253001
DATES:
Applicable May 12, 2021.
FOR FURTHER INFORMATION CONTACT:
David Goldberger, 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) 482–4136.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of May 12,
2021, in FR Doc 2021–09965, on page
26002, in the second column, correct
the ‘‘Suspension of Liquidation’’ section
to add the following second and third
paragraphs which had been omitted:
Section 733(e)(2) of the Tariff Act of
1930, as amended (the Act), provides
that, given an affirmative determination
of critical circumstances, the suspension
of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. As noted above, Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and
exported by Koehler. In accordance with
section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of shipments of
thermal paper from Germany that were
produced and/or exported by Koehler
that are entered, or withdrawn from
warehouse, for consumption on or after
February 11, 2021, which is 90 days
before the publication date of the
Preliminary Determination in the
Federal Register.
These suspension of liquidation
instructions will remain in effect until
further notice.
Background
On May 12, 2021, Commerce
published in the Federal Register a
preliminary affirmative determination of
sales at LTFV of thermal paper from
Germany.1 This notice failed to include
language regarding the suspension of
liquidation for Koehler during the
critical circumstances period.
Notification to Interested Parties
This notice serves as a correction and
is published in accordance with
1 See Thermal Paper from Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances in Part, Postponement of
Final Determination, and Extension of Provisional
Measures, 86 FR 26001 (May 12, 2021).
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26905
sections 773(f) and 777(i)(1) of the Act
and 19 CFR 351.205(c).
Dated: May 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–10438 Filed 5–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty order on xanthan
gum from the People’s Republic of
China (China) covering the period, July
1, 2016, through June 30, 2017, to
include results with respect to
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (a.k.a. Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.
(collectively, Fufeng).
DATES: Applicable May 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this review on August 14,
2018.1 On September 21, 2018, Fufeng,2
a mandatory respondent, and Tate and
Lyle, a U.S. importer, filed case briefs.3
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review, and Preliminary
Determination of No Shipments; 2016–2017, 83 FR
40229 (August 14, 2018) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Fufeng refers to the collapsed entity Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka Inner
Mongolia Fufeng Biotechnologies Co., Ltd.) and
Shandong Fufeng Fermentation, Co., Ltd.
(collectively, Fufeng).
3 See Fufeng’s Letter, ‘‘Fufeng Case Brief in the
Fourth Administrative Review of Antidumping
Duty Order on Xanthan Gum from the People’s
Republic of China (A–570–985),’’ dated September
20, 2018; see also Tate and Lyle’s Letter, ‘‘Xanthan
E:\FR\FM\18MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26903-26905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10441]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-876]
Fine Denier Polyester Staple Fiber From India: Preliminary
Results of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Reliance Industries Limited (Reliance), a producer/exporter of
fine denier polyester staple fiber (fine denier PSF) from India,
received countervailable subsidies that are above de minimis during the
period of review, January 1, 2019, through December 31, 2019.
DATES: Applicable May 18, 2021.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 26904]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3609.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on fine denier
PSF from India with respect to Reliance.\1\ On July 21, 2020, Commerce
tolled all deadlines in administrative reviews by 60 days,\2\ thereby
extending the deadline for these preliminary results until February 1,
2021.\3\ On January 6, 2021, Commerce postponed the preliminary results
of this review by 95 days until May 5, 2021.\4\ On May 3, 2021,
Commerce postponed the preliminary results of this review by an
additional seven days until May 12, 2021.\5\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation
Notice) at 26935.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ The actual deadline for completing the preliminary results
was January 30, 2021. Because January 30, 2021 is a Saturday, the
deadline moved to the next business day, February 1, 2021. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated January 6, 2021.
\5\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results,'' dated May 3, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included at 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 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/.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019 Administrative Review of the Countervailing Duty
Order on Fine Denier Polyester Staple Fiber from India,'' dated
concurrently, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is fine denier polyester
staple fiber (fine denier PSF). For a complete description of the scope
of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\7\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the sole mandatory
respondent, Reliance, for the period January 1, 2019, through December
31, 2019:
------------------------------------------------------------------------
Subsidy rate
Company (percent
ad valorem)
------------------------------------------------------------------------
Reliance Industries Limited............................... 4.89
------------------------------------------------------------------------
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. 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).
Cash Deposit Rate
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount indicated above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. For all non-reviewed firms, Commerce will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties in this proceeding the calculations
performed in reaching the preliminary results within five days of
publication of these preliminary results in the Federal Register.\8\
Interested parties may submit written comments (case briefs) on the
preliminary results no later than 30 days from the date of publication
of this Federal Register notice, and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\9\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\10\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the 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
by telephone the date and time of the hearing two days before the
scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ Id.
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Parties are reminded that all briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business
[[Page 26905]]
proprietary information, until further notice.\13\
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\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results are issued and published 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: May 12, 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. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2021-10441 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-DS-P
