Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 29240-29243 [2021-11462]

Download as PDF 29240 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on Commerce’s website at the following address: https:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. In accordance with section 782(b) of the Act, any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information. Parties must use the certification formats provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. jbell on DSKJLSW7X2PROD with NOTICES Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business VerDate Sep<11>2014 18:20 May 28, 2021 Jkt 253001 proprietary information, until further notice.1 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.2 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: May 20, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–11473 Filed 5–28–21; 8:45 am] BILLING CODE 3510–DS–P 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 2 See 19 CFR 351.218(d)(1)(iii). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. AGENCY: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce finds that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: (a) Identify which companies subject to review previously were collapsed; and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market 29241 situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial Section D responses. Opportunity To Request a Review: Not later than the last day of June 2021,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in June for the following periods: jbell on DSKJLSW7X2PROD with NOTICES Period of review Antidumping Duty Proceedings GERMANY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–428–845 .................................................... INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–533–873 ................................................................. Glycine, A–533–883 ............................................................................................................................................................... Quartz Surface Products, A–533–889 ................................................................................................................................... ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–475–838 ............................................................ JAPAN: Carbon and Alloy Seamless Standard, Line, and Pressure (over 41⁄2 inches), A–588–850 ................................................ Carbon and Alloy Seamless Standard, Line, and Pressure (under 41⁄2 inches), A–588–851 .............................................. Glycine, A–588–878 ............................................................................................................................................................... REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–580–892 ................................ SOCIALIST REPUBLIC OF VIETNAM: Certain Tool Chests and Cabinets, A–552–821 .................................................................................................................... Laminated Woven Sacks, A–552–823 ................................................................................................................................... SPAIN: Chlorinated Isocyanurates, A–469–814 ................................................................................................................................. Finished Carbon Steel Flanges, A–469–815 ......................................................................................................................... SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–441–801 ............................................ TAIWAN: Helical Spring Lock Washers, A–583–820 .................................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Artist Canvas, A–570–899 ...................................................................................................................................................... Ceramic Tile, A–570–108 ....................................................................................................................................................... Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel, A–570–058 ................................................................. Certain Tool Chests and Cabinets, A–570–056 .................................................................................................................... 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 18:20 May 28, 2021 Jkt 253001 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 12/13/19–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 11/14/19–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 29242 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices Period of review Chlorinated Isocyanurates, A–570–898 ................................................................................................................................. Furfuryl Alcohol, A–570–835 .................................................................................................................................................. High Pressure Steel Cylinders, A–570–977 ........................................................................................................................... Polyester Staple Fiber, A–570–905 ....................................................................................................................................... Prestressed Concrete Steel Wire Strand, A–570–945 .......................................................................................................... Silicon Metal, A–570–806 ....................................................................................................................................................... Tapered Roller Bearings, A–570–601 .................................................................................................................................... TURKEY: Quartz Surface Products, A–489–837 .......................................................................................................................... jbell on DSKJLSW7X2PROD with NOTICES Countervailing Duty Proceedings INDIA: Glycine, C–533–884 ............................................................................................................................................................... Quartz Surface Products, C–533–890 ................................................................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks, C–552–824 .......................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Ceramic Tile, C–570–109 ....................................................................................................................................................... Glycine, C–570–081 ............................................................................................................................................................... High Pressure Steel Cylinders, C–570–978 .......................................................................................................................... Stainless Steel Flanges, C–570–065 ..................................................................................................................................... TURKEY: Quartz Surface Products, C–489–838 .......................................................................................................................... Suspension Agreements None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested VerDate Sep<11>2014 18:20 May 28, 2021 Jkt 253001 party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final 3 See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/. 4 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). 5 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 6/1/20–5/31/21 12/13/19–5/31/21 1/1/20–12/31/20 10/11/19–12/31/20 1/1/20–12/31/20 9/12/19–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 10/11/19–12/31/20 decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices requests received by the last day of June 2021. If Commerce does not receive, by the last day of June 2021, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: May 20, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–11462 Filed 5–28–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–560–829] Certain Uncoated Paper From Indonesia: Final Results of the Expedited First Five-Year Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain uncoated paper from Indonesia would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 1, 2021. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 18:20 May 28, 2021 Jkt 253001 Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1280. SUPPLEMENTARY INFORMATION: Background On March 3, 2016, Commerce published in the Federal Register the CVD order on certain uncoated paper from Indonesia.1 On February 1, 2021, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On February 12 and 16, 2021, Commerce received notices of intent to participate from domestic interested parties 3 within the deadline specified in 19 CFR 351.218(d)(1)(i).4 The domestic interested parties claimed interested party status pursuant to sections 771(9)(C) and (D) of the Act, respectively, as either manufacturers in the United States of the domestic like product or as a certified union with workers engaged in the production of the domestic like product in the United States.5 On March 1, 2021, Commerce received an adequate substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).6 Commerce received no substantive response from any other interested parties with respect to the Order covered by this sunset review. On March 23, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate 1 See Certain Uncoated Paper from Indonesia and the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People’s Republic of China), 81 FR 11187 (March 3, 2016) (Order). 2 See Initiation of Five-Year (Sunset) Review, 86 FR 7709 (February 1, 2021). 3 The domestic interested parties are: Domtar Corporation (Domtar); Finch Paper LLC (Finch); North Pacific Paper Company (NORPAC); Packaging Corporation of America (PCA); and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services Workers International Union (USW) (collectively, domestic interested parties). 4 See Domtar, Finch, and NORPAC’s Letter, ‘‘First Five-Year (‘‘Sunset’’) Review Of Countervailing Duty Order On Certain Uncoated Paper from Indonesia: Domestic Industry’s Notice of Intent To Participate In Sunset Review,’’ dated February 12, 2021; and PCA and USW’s Letter, ‘‘Notice of Intent to Participate in the First Five-Year Review of the Countervailing Duty Order on Certain Uncoated Paper from Indonesia,’’ dated February 16, 2021. 5 Id. 6 See Domestic Interested Parties’ Letter, ‘‘Domestic Industry’s Substantive Response to Notice of Initiation,’’ dated March 1, 2021. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 29243 substantive response from respondent interested parties.7 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The scope of the Order includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 8 of 85 or higher or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain uncoated paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope of this order are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. For purposes of this scope definition, paper shall be considered ‘‘printed with final content’’ where at least one side of the sheet has printed text and/or graphics that cover at least five percent of the surface area of the entire sheet. On September 1, 2017, Commerce determined that imports of uncoated paper with a GE brightness of 83 +/¥1% (83 Bright paper), otherwise meeting the description of in-scope 7 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on February 1, 2021,’’ dated March 23, 2021. 8 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. ‘‘Colored paper’’ as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, yellow, and cyan (red, yellow, and blue) or a combination of such primary colors. E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29240-29243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11462]

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DEPARTMENT OF COMMERCE

International Trade Administration

Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.

Background

Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.

Respondent Selection

In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review. We intend to release
the CBP data under Administrative Protective Order (APO) to all parties
having an APO within five days of publication of the initiation notice
and to make our decision regarding respondent selection within 35 days
of publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.

[[Page 29241]]

In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this antidumping proceeding (i.e.,
investigation, administrative review, new shipper review or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to: (a) Identify which
companies subject to review previously were collapsed; and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.

Deadline for Withdrawal of Request for Administrative Review

Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity To Request a Review: Not later than the last day of
June 2021,\2\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in June for the following periods:
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\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.

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Period of review
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Antidumping Duty Proceedings

GERMANY: Certain Cold-Drawn Mechanical Tubing of 6/1/20-5/31/21
Carbon and Alloy Steel, A-428-845...................
INDIA:
Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/20-5/31/21
and Alloy Steel, A-533-873......................
Glycine, A-533-883............................... 6/1/20-5/31/21
Quartz Surface Products, A-533-889............... 12/13/19-5/31/21
ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/20-5/31/21
and Alloy Steel, A-475-838..........................
JAPAN:
Carbon and Alloy Seamless Standard, Line, and 6/1/20-5/31/21
Pressure (over 4\1/2\ inches), A-588-850........
Carbon and Alloy Seamless Standard, Line, and 6/1/20-5/31/21
Pressure (under 4\1/2\ inches), A-588-851.......
Glycine, A-588-878............................... 6/1/20-5/31/21
REPUBLIC OF KOREA: Certain Cold-Drawn Mechanical 6/1/20-5/31/21
Tubing of Carbon and Alloy Steel, A-580-892.........
SOCIALIST REPUBLIC OF VIETNAM:
Certain Tool Chests and Cabinets, A-552-821...... 6/1/20-5/31/21
Laminated Woven Sacks, A-552-823................. 6/1/20-5/31/21
SPAIN:
Chlorinated Isocyanurates, A-469-814............. 6/1/20-5/31/21
Finished Carbon Steel Flanges, A-469-815......... 6/1/20-5/31/21
SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of 6/1/20-5/31/21
Carbon and Alloy Steel, A-441-801...................
TAIWAN: Helical Spring Lock Washers, A-583-820....... 6/1/20-5/31/21
THE PEOPLE'S REPUBLIC OF CHINA:
Artist Canvas, A-570-899......................... 6/1/20-5/31/21
Ceramic Tile, A-570-108.......................... 11/14/19-5/31/21
Certain Cold-Drawn Mechanical Tubing of Carbon 6/1/20-5/31/21
and Alloy Steel, A-570-058......................
Certain Tool Chests and Cabinets, A-570-056...... 6/1/20-5/31/21

[[Page 29242]]

Chlorinated Isocyanurates, A-570-898............. 6/1/20-5/31/21
Furfuryl Alcohol, A-570-835...................... 6/1/20-5/31/21
High Pressure Steel Cylinders, A-570-977......... 6/1/20-5/31/21
Polyester Staple Fiber, A-570-905................ 6/1/20-5/31/21
Prestressed Concrete Steel Wire Strand, A-570-945 6/1/20-5/31/21
Silicon Metal, A-570-806......................... 6/1/20-5/31/21
Tapered Roller Bearings, A-570-601............... 6/1/20-5/31/21
TURKEY: Quartz Surface Products, A-489-837........... 12/13/19-5/31/21

Countervailing Duty Proceedings

INDIA:
Glycine, C-533-884............................... 1/1/20-12/31/20
Quartz Surface Products, C-533-890............... 10/11/19-12/31/20
SOCIALIST REPUBLIC OF VIETNAM: Laminated Woven Sacks, 1/1/20-12/31/20
C-552-824...........................................
THE PEOPLE'S REPUBLIC OF CHINA:
Ceramic Tile, C-570-109.......................... 9/12/19-12/31/20
Glycine, C-570-081............................... 1/1/20-12/31/20
High Pressure Steel Cylinders, C-570-978......... 1/1/20-12/31/20
Stainless Steel Flanges, C-570-065............... 1/1/20-12/31/20
TURKEY: Quartz Surface Products, C-489-838........... 10/11/19-12/31/20
------------------------------------------------------------------------

Suspension Agreements

None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\3\
---------------------------------------------------------------------------

\3\ See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/.
---------------------------------------------------------------------------

Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\4\ Accordingly, the NME entity will not be under review unless
Commerce specifically receives a request for, or self-initiates, a
review of the NME entity.\5\ In administrative reviews of antidumping
duty orders on merchandise from NME countries where a review of the NME
entity has not been initiated, but where an individual exporter for
which a review was initiated does not qualify for a separate rate,
Commerce will issue a final decision indicating that the company in
question is part of the NME entity. However, in that situation, because
no review of the NME entity was conducted, the NME entity's entries
were not subject to the review and the rate for the NME entity is not
subject to change as a result of that review (although the rate for the
individual exporter may change as a function of the finding that the
exporter is part of the NME entity). Following initiation of an
antidumping administrative review when there is no review requested of
the NME entity, Commerce will instruct CBP to liquidate entries for all
exporters not named in the initiation notice, including those that were
suspended at the NME entity rate.
---------------------------------------------------------------------------

\4\ 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).
\5\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------

All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\7\
---------------------------------------------------------------------------

\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for

[[Page 29243]]

requests received by the last day of June 2021. If Commerce does not
receive, by the last day of June 2021, a request for review of entries
covered by an order, finding, or suspended investigation listed in this
notice and for the period identified above, Commerce will instruct CBP
to assess antidumping or countervailing duties on those entries at a
rate equal to the cash deposit of estimated antidumping or
countervailing duties required on those entries at the time of entry,
or withdrawal from warehouse, for consumption and to continue to
collect the cash deposit previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
This notice is not required by statute but is published as a
service to the international trading community.

Dated: May 20, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-11462 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P

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