Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2018-2019, 27558-27559 [2021-10779]
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices
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Agenda
I. Welcome & Roll Call
II. SAC Discussion: Qualified Immunity
of Law Enforcement in Mississippi
IV. Public Comment
VI. Adjournment
Dated: May 17, 2021.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2021–10735 Filed 5–20–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
jbell on DSKJLSW7X2PROD with NOTICES
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico: Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:15 May 20, 2021
Jkt 253001
The Department of Commerce
(Commerce) is rescinding its
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico for the period of review
(POR) November 1, 2019, through
October 31, 2020.
DATES: Applicable May 21, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 3, 2020, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order 1 on certain
circular welded non-alloy steel pipe
from Mexico for the POR.2 On
November 30, 2020, Commerce received
a timely request from domestic
interested party Nucor Tubular Products
Inc. (Nucor Tubular), in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b), to conduct an administrative
review of the Order for 36 companies.3
No other party requested an
administrative review.
On January 6, 2021, Commerce
published in the Federal Register a
notice of initiation with respect to 36
companies.4 On April 6, 2021, Nucor
Tubular timely withdrew its request for
an administrative review for all 36
companies for which it had requested a
review.5
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
1 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded
Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992) (the Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 69586
(November 3, 2020).
3 See Nucor Tubular’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: Request
for Administrative Review,’’ dated November 30,
2020.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
511 (January 6, 2021).
5 See Nucor Tubular’s Letter, ‘‘Certain Circular
Welded Non-Alloy Steel Pipes and Tubes from
Mexico: Withdrawal of Request for Administrative
Review,’’ dated April 6, 2021.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
part, if the parties that requested a
review withdraws the request within 90
days of the date of publication of the
notice of initiation of the requested
review. In this instance, the party that
requested an administrative review
withdrew its request for review for all
companies by the 90-day deadline, and
no other party requested an
administrative review of this order.
Therefore, we are rescinding the
administrative review of the Order
covering the POR, in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 41 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the 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 may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice 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 violation which is subject to
sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and CFR
351.213(d)(4).
E:\FR\FM\21MYN1.SGM
21MYN1
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices
Dated: May 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–10779 Filed 5–20–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
the Results of Antidumping
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 11, 2021, the Court
of International Trade (CIT) issued its
final judgment in Calgon Carbon
Corporation et al. v. United States,
Consol. Court No. 18–00232, sustaining
the Department of Commerce’s
(Commerce’s) second remand results
pertaining to the tenth administrative
review of the antidumping duty (AD)
order on certain activated carbon from
the People’s Republic of China (China)
covering the period of April 1, 2016,
through March 31, 2017. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final results of the
administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to Carbon Activated Tianjin
Co., Ltd. (Carbon Activated) and
Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd. (GHC).
DATES: Applicable May 21, 2021.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0339.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On October 22, 2018, Commerce
published its Final Results in the 2016–
2017 AD administrative review of
certain activated carbon from China.1
Commerce calculated a weightedaverage dumping margin of 0.00 U.S.
dollars (USD)/kilogram (kg) for Datong
1 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2016–2017, 83 FR
53214 (October 22, 2018) (Final Results).
VerDate Sep<11>2014
17:15 May 20, 2021
Jkt 253001
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) and a weighted-average
dumping margin of 0.45 USD/kg for
Carbon Activated, and assigned GHC a
separate rate of 0.45 USD/kg.2
After correcting ministerial errors
contained in the Final Results, on
November 19, 2018, Commerce
published the Amended Final Results.
Commerce calculated a weightedaverage dumping margin of 0.00 USD/kg
for Datong Juqiang and a weightedaverage dumping margin of 0.23 USD/kg
for Carbon Activated, and assigned GHC
a separate rate of 0.23 USD/kg.3
Carbon Activated, Datong Juqiang,
and GHC (collectively, the Respondents)
appealed Commerce’s Final Results/
Amended Final Results. On May 13,
2020, the CIT remanded the Final
Results/Amended Final Results to
Commerce, and directed Commerce to
reconsider Commerce’s determination to
include the imports from France and
Japan in the Thai import data used to
value the mandatory respondents’ (i.e.,
Carbon Activated and Datong Juqiang)
carbonized material input, and also to
reconsider Commerce’s adjustments to
the surrogate financial ratios.4
In its first remand redetermination,
issued in August 2020, Commerce (1)
reconsidered and further explained
Commerce’s determination to include
the French and Japanese import data in
the Thai import data used to value
carbonized material in the Final Results;
and (2) reconsidered and further
explained Commerce’s allocation of
certain line items in valuing financial
ratios using the 2016 financial
statements from the Romanian
company, Romcarbon SA (Romcarbon).5
Specifically, Commerce excluded the
imports from Japan from the Thai
import data and continued to include
the imports from France. In addition,
Commerce made necessary changes in
the allocation of certain line items in
calculating the financial ratios using the
2016 financial statements from
Romcarbon. Accordingly, Commerce
made changes to the margin calculations
for the mandatory respondents and
revised the separate rate for GHC.6 On
December 21, 2020, the CIT remanded
2 Id.
3 See Certain Activated Carbon from the People’s
Republic of China: Amended Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 58229 (November 19, 2018) (Amended
Final Results).
4 See Calgon Carbon Corporation et al. v. United
States, 443 F. Supp. 3d. 1334 (CIT 2020).
5 See Final Results of Redetermination Pursuant
to Court Remand, Calgon Carbon Corporation et al.
v. United States, Consol. Court No. 18–00232, Slip
Op. 20–65, dated August 4, 2020, available at
https://enforcement.trade.gov/remands/20-65.pdf.
6 Id. at 1–3, 23–25.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
27559
for a second time, and directed
Commerce to again reconsider
Commerce’s inclusion of the imports
from France in the Thai surrogate value
for carbonized material.7
In its second remand redetermination,
issued in March 2021, Commerce
reconsidered its determination to
include the imports from France in the
Thai import data used to value
carbonized material and, under protest,
excluded the imports from France from
the Thai surrogate value for carbonized
material. Accordingly, Commerce made
necessary changes to the margin
calculations for the mandatory
respondents and revised the separate
rate for GHC.8 The CIT sustained
Commerce’s final redetermination.9
Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(a)
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 CIT’s
May 11, 2021 judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results/Amended Final Results. Thus,
this notice is published in fulfillment of
the publication requirement of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce amends the Final
Results and Amended Final Results
with respect to Carbon Activated and
GHC as follows: 12
7 See Calgon Carbon Corporation et al. v. United
States, 487 F. Supp. 3d 1359 (CIT 2020).
8 See Final Results of Redetermination Pursuant
to Court Remand, Calgon Carbon Corporation et al.
v. United States, Consol. Court No. 18–00232, Slip
Op. 20–187, dated March 16, 2021, available at
https://enforcement.trade.gov/remands/20-187.pdf
(Second Final Results of Redetermination) at 1–2,
18–19. Commerce notes that although Datong
Juqiang participated in the litigation, in the Second
Final Results of Redetermination, subsequently
sustained by the CIT, Datong Juqiang’s rate
remained unchanged from the Amended Final
Results at 0.00 USD/kg.
9 See Calgon Carbon Corporation et al. v. United
States, Consol. Court No. 18–00232, Slip Op. 21–
58 (CIT May 11, 2021).
10 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
12 Commerce notes that Datong Juqiang’s rate
remains unchanged from the Amended Final
Results at 0.00 USD/kg.
E:\FR\FM\21MYN1.SGM
21MYN1
Agencies
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27558-27559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10779]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico:
Rescission of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding its
administrative review of the antidumping duty order on certain circular
welded non-alloy steel pipe from Mexico for the period of review (POR)
November 1, 2019, through October 31, 2020.
DATES: Applicable May 21, 2021.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2020, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order \1\ on certain circular welded non-alloy steel
pipe from Mexico for the POR.\2\ On November 30, 2020, Commerce
received a timely request from domestic interested party Nucor Tubular
Products Inc. (Nucor Tubular), in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), to
conduct an administrative review of the Order for 36 companies.\3\ No
other party requested an administrative review.
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 69586 (November 3, 2020).
\3\ See Nucor Tubular's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Request for Administrative Review,''
dated November 30, 2020.
---------------------------------------------------------------------------
On January 6, 2021, Commerce published in the Federal Register a
notice of initiation with respect to 36 companies.\4\ On April 6, 2021,
Nucor Tubular timely withdrew its request for an administrative review
for all 36 companies for which it had requested a review.\5\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511 (January 6, 2021).
\5\ See Nucor Tubular's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipes and Tubes from Mexico: Withdrawal of Request for
Administrative Review,'' dated April 6, 2021.
---------------------------------------------------------------------------
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. In
this instance, the party that requested an administrative review
withdrew its request for review for all companies by the 90-day
deadline, and no other party requested an administrative review of this
order. Therefore, we are rescinding the administrative review of the
Order covering the POR, in its entirety.
Assessment
Commerce will instruct U.S. Customs and Border Protection (CBP) to
assess antidumping duties on all appropriate entries. Antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue appropriate assessment
instructions to CBP 41 days after publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as the 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 may result in the presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice 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 violation
which is subject to sanction.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and CFR 351.213(d)(4).
[[Page 27559]]
Dated: May 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-10779 Filed 5-20-21; 8:45 am]
BILLING CODE 3510-DS-P