Certain Uncoated Paper From Portugal: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2019-2020, 30002-30004 [2021-11789]
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
LTFV investigation but the producer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 27.11 percent,12 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.13 Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.14 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.15 Case and rebuttal
briefs should be filed using ACCESS 16
and must be served on interested
parties.17 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.18
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.19
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.20 If a request for a
hearing is made, Commerce intends to
12 See
Order, 81 FR at 11176.
19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See Temporary Rule.
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310.
13 See
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hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
DEPARTMENT OF COMMERCE
Final Results of Review
AGENCY:
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not 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)(1).
Notification to Importers
This notice also serves as a
preliminary 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: May 28, 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. Preliminary Successor-in-Interest
Determination
V. Duty Absorption
VI. Discussion of the Methodology
VII. Product Comparisons
VIII. Date of Sale
IX. Treatment of Re-Export Sales
X. Export Price/Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021–11787 Filed 6–3–21; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Preliminary Results of the
Administrative Review of the
Antidumping Duty Order; 2019–2020
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
sales of certain uncoated paper
(uncoated paper) from Portugal were
made at less than normal value during
the period of review (POR) March 1,
2019, through February 29, 2020. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Eric
Hawkins, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1988.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, Commerce initiated
an administrative review of the
antidumping duty order on uncoated
paper from Portugal, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).1 This review
covers one producer/exporter of subject
merchandise, The Navigator Company,
S.A. (Navigator).2 For details regarding
the events that occurred subsequent to
the initiation of the review, see the
Preliminary Decision Memorandum.3
On July 21, 2020, Commerce
exercised its discretion to toll
administrative review deadlines by 60
days.4 In addition, pursuant to section
751(a)(3)(A) of the Act, Commerce
determined that it was not practicable to
complete the preliminary results of this
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020) (Initiation Notice).
2 Id., 85 FR at 26933. In the Initiation Notice,
Commerce inadvertently referred to Navigator as
‘‘Navigator Company, S.A’’ instead of its correct
name of ‘‘The Navigator Company, S.A.’’
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Portugal; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020. All
deadlines in this proceeding have been extended by
60 days.
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
review within the 245 days and
extended these preliminary results by
118 days, until May 28, 2021.5
the final results of this review, we will
calculate importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
6
Scope of the Order
dumping calculated for the importer’s
The products covered by the Order
examined sales to the total entered
are certain uncoated paper products
value of those same sales in accordance
from Portugal. For a full description of
with 19 CFR 351.212(b)(1). We will
the scope, see the Preliminary Decision
instruct CBP to assess antidumping
Memorandum.
duties on all appropriate entries covered
by this review when the importerMethodology
specific assessment rate calculated in
Commerce is conducting this review
the final results of this review is not
in accordance with section 751(a) of the zero or de minimis. If Navigator’s
Act. We calculated constructed export
weighted-average dumping margin is
price in accordance with section 772 of
zero or de minimis, we will instruct CBP
the Act. We calculated NV in
to liquidate the appropriate entries
accordance with section 773 of the Act.
without regard to antidumping duties.
For a full description of the
The final results of this review shall be
methodology underlying these
the basis for the assessment of
preliminary results, see the Preliminary antidumping duties on entries of
Decision Memorandum. A list of topics
merchandise covered by the final results
included in the Preliminary Decision
of this review and for future deposits of
Memorandum is included as an
estimated duties, where applicable.7
appendix to this notice. The Preliminary
In accordance with Commerce’s
Decision Memorandum is a public
‘‘automatic assessment’’ practice, for
document and is made available to the
entries of subject merchandise during
public via Enforcement and
the POR produced by Navigator for
Compliance’s Antidumping and
which it did not know that the
Countervailing Duty Centralized
merchandise was destined for the
Electronic Service System (ACCESS).
United States, we will instruct CBP to
ACCESS is available to registered users
liquidate those entries at the all-others
at https://access.trade.gov. In addition, a rate established in the original less-thancomplete version of the Preliminary
fair value (LTFV) investigation (i.e., 7.80
Decision Memorandum is available at
percent) 8 if there is no rate for the
https://enforcement.trade.gov/frn/.
intermediate company(ies) involved in
the transaction.9
Preliminary Results of the Review
Consistent with its recent notice,10
We preliminarily determine that the
Commerce intends to issue assessment
following weighted-average dumping
instructions to CBP no earlier than 35
margin exists for the period March 1,
days after the date of publication of the
2019, through February 29, 2020:
final results of this review in the
Federal Register. If a timely summons is
Weightedfiled at the U.S. Court of International
average
Trade, the assessment instructions will
Exporter/producer
dumping
margin
direct CBP not to liquidate relevant
(percent)
entries until the time for parties to file
a request for a statutory injunction has
The Navigator Company, S.A ....
2.22
expired (i.e., within 90 days of
publication).
Assessment Rates
Cash Deposit Requirements
Upon completion of the final results
The following cash deposit
of this administrative review, Commerce
requirements will be effective for all
shall determine, and U.S. Customs and
shipments of the subject merchandise
Border Protection (CBP) shall assess,
entered, or withdrawn from warehouse,
antidumping duties on all appropriate
for consumption on or after the
entries. If Navigator’s weighted-average
publication date of the finals results of
dumping margin is not zero or de
this administrative review, as provided
minimis (i.e., less than 0.5 percent) in
5 See Memorandum, ‘‘Certain Uncoated Paper
from Portugal: Extension of Deadline for
Preliminary Results of 2019–2020 Antidumping
Duty Administrative Review,’’ dated January 11,
2021.
6 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
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17:08 Jun 03, 2021
Jkt 253001
7 See
section 751(a)(2)(C) of the Act.
Order.
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (January 15,
2021).
8 See
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30003
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Navigator in
the final results of review will be equal
to the weighted-average dumping
margin established in the final results of
this administrative review except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or the original
LTFV investigation but the producer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 7.80 percent,11 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.12 Pursuant to 19
CFR 351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.13 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue, (2) a brief
summary of the argument, and (3) a
table of authorities.14 Case and rebuttal
briefs should be filed using ACCESS 15
and must be served on interested
parties.16 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
11 See
Order.
19 CFR 351.224(b).
13 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See generally 19 CFR 351.303.
16 See 19 CFR 351.303(f).
12 See
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
containing business proprietary
information, until further notice.17
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.18
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.19 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not 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)(1).
Notification to Importers
This notice also serves as a
preliminary 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
17 See
Temporary Rule.
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310.
VerDate Sep<11>2014
17:08 Jun 03, 2021
Dated: May 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021–11789 Filed 6–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Judges Panel of the Malcolm Baldrige
National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
AGENCY:
ACTION:
Notice of closed meeting.
The Judges Panel of the
Malcolm Baldrige National Quality
Award (Judges Panel) will meet in
closed session on Wednesday, August
25, 2021, from 10:30 a.m. to 4:30 p.m.
Eastern time. The purpose of this
meeting is to review the results of
examiners’ scoring of written
applications. Panel members will vote
on which applicants merit site visits by
examiners to verify the accuracy of
quality improvements claimed by
applicants. The meeting is closed to the
public in order to protect the
proprietary data to be examined and
discussed.
SUMMARY:
The meeting will be held on
Wednesday, August 25, 2021, from
10:30 a.m. to 4:30 p.m. Eastern time.
The entire meeting will be closed to the
public.
DATES:
The meeting will be held
virtually via web conference.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Robert Fangmeyer, Director, Baldrige
Performance Excellence Program,
National Institute of Standards and
Technology, 100 Bureau Drive, Mail
Stop 1020, Gaithersburg, Maryland
20899–1020, telephone number (301)
975–2361, email robert.fangmeyer@
nist.gov.
SUPPLEMENTARY INFORMATION:
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Authority: 15 U.S.C. 3711a(d)(1) and the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
Judges Panel of the Malcolm Baldrige
National Quality Award will meet on
Wednesday, August 25, 2021, from
10:30 a.m. to 4:30 p.m. Eastern time.
The Judges Panel is composed of twelve
members, appointed by the Secretary of
Commerce, with a balanced
representation from U.S. service,
manufacturing, nonprofit, education,
and health care industries. Members are
selected for their familiarity with
quality improvement operations and
competitiveness issues of manufacturing
companies, service companies, small
businesses, nonprofits, health care
providers, and educational institutions.
The purpose of this meeting is to review
the results of examiners’ scoring of
written applications. Panel members
will vote on which applicants merit site
visits by examiners to verify the
accuracy of quality improvements
claimed by applicants. The meeting is
closed to the public in order to protect
the proprietary data to be examined and
discussed.
The Chief Financial Officer/Assistant
Secretary for Administration and
Deputy Assistant Secretary for
Administration, with the concurrence of
the Assistant General Counsel for
Employment, Litigation and
Information, formally determined,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended
by Section 5(c) of the Government in the
Sunshine Act, Public Law 94–409, that
the meeting of the Judges Panel may be
closed to the public in accordance with
5 U.S.C. 552b(c)(4) because the meeting
is likely to disclose trade secrets and
commercial or financial information
obtained from a person which is
privileged or confidential, and 5 U.S.C.
552b(c)(9)(B) because the meeting is
likely to disclose information the
premature disclosure of which would,
in the case of any agency, be likely to
significantly frustrate implementation of
a proposed agency action. The meeting,
which involves examination of current
Malcolm Baldrige National Quality
Award (Award) applicant data from U.S.
organizations and a discussion of these
data as compared to the Award criteria
in order to recommend Award
recipients, will be closed to the public.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2021–11743 Filed 6–3–21; 8:45 am]
BILLING CODE 3510–13–P
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]]>Agencies
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30002-30004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11789]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Preliminary Results of the
Administrative Review of the Antidumping Duty Order; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
sales of certain uncoated paper (uncoated paper) from Portugal were
made at less than normal value during the period of review (POR) March
1, 2019, through February 29, 2020. We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, Commerce initiated an administrative review of the
antidumping duty order on uncoated paper from Portugal, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\
This review covers one producer/exporter of subject merchandise, The
Navigator Company, S.A. (Navigator).\2\ For details regarding the
events that occurred subsequent to the initiation of the review, see
the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation
Notice).
\2\ Id., 85 FR at 26933. In the Initiation Notice, Commerce
inadvertently referred to Navigator as ``Navigator Company, S.A''
instead of its correct name of ``The Navigator Company, S.A.''
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Uncoated Paper from Portugal; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
On July 21, 2020, Commerce exercised its discretion to toll
administrative review deadlines by 60 days.\4\ In addition, pursuant to
section 751(a)(3)(A) of the Act, Commerce determined that it was not
practicable to complete the preliminary results of this
[[Page 30003]]
review within the 245 days and extended these preliminary results by
118 days, until May 28, 2021.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
All deadlines in this proceeding have been extended by 60 days.
\5\ See Memorandum, ``Certain Uncoated Paper from Portugal:
Extension of Deadline for Preliminary Results of 2019-2020
Antidumping Duty Administrative Review,'' dated January 11, 2021.
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Certain Uncoated Paper from Australia, Brazil,
Indonesia, the People's Republic of China, and Portugal: Amended
Final Affirmative Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016)
(Order).
---------------------------------------------------------------------------
The products covered by the Order are certain uncoated paper
products from Portugal. For a full description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated constructed export price in accordance
with section 772 of the Act. We calculated NV in accordance with
section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov. In addition,
a complete version of the Preliminary Decision Memorandum is available
at https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period March 1, 2019, through February
29, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A................................. 2.22
------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries. If
Navigator's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
will calculate importer-specific ad valorem antidumping duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. If Navigator's
weighted-average dumping margin is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\7\
---------------------------------------------------------------------------
\7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Navigator
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 7.80 percent) \8\ if there is no rate for the
intermediate company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------
\8\ See Order.
\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Consistent with its recent notice,\10\ 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).
---------------------------------------------------------------------------
\10\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Navigator in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original LTFV investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 7.80 percent,\11\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\12\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\13\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\14\ Case and rebuttal briefs should be filed using ACCESS
\15\ and must be served on interested parties.\16\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents
[[Page 30004]]
containing business proprietary information, until further notice.\17\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See generally 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
\17\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\18\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\19\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not 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)(1).
Notification to Importers
This notice also serves as a preliminary 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: May 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-11789 Filed 6-3-21; 8:45 am]
BILLING CODE 3510-DS-P
