Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 35065-35068 [2021-14112]

Download as PDF Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year sunset review and notice are in accordance with section 751(c) of the Act and the notice is published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: June 25, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14054 Filed 6–30–21; 8:45 am] BILLING CODE 3510–DS–P 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. AGENCY: 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. khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 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. 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 35065 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. 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 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). E:\FR\FM\01JYN1.SGM 01JYN1 35066 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices 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 July 2021,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in July for the following periods: khammond on DSKJM1Z7X2PROD with NOTICES Antidumping Duty Proceedings BELGIUM: Citric Acid and Certain Citrate Salts, A–423–813 ....................................................................................................... COLOMBIA: Citric Acid and Certain Citrate Salts, A–301–803 .................................................................................................... INDIA: Corrosion-Resistant Steel Products, A–533–863 ................................................................................................................... Fine Denier Polyester Staple Fiber, A–533–875 ................................................................................................................... Polyethylene Terephthalate (Pet) Film, A–533–824 .............................................................................................................. IRAN: In-Shell Pistachios, A–507–502 .......................................................................................................................................... ITALY: Certain Pasta, A–475–818 ..................................................................................................................................................... Corrosion-Resistant Steel Products, A–475–832 ................................................................................................................... JAPAN: Clad Steel Plate, A–588–838 ................................................................................................................................................. Cold-Rolled Steel Flat Products, A–588–873 ........................................................................................................................ Polyvinyl Alcohol, A–588–861 ................................................................................................................................................ Stainless Steel Sheet and Strip in Coils, A–588–845 ............................................................................................................ Steel Concrete Reinforcing Bar, A–588–876 ......................................................................................................................... MALAYSIA: Steel Nails, A–557–816 .......................................................................................................................................................... Welded Stainless Steel Pressure Pipe, A–557–815 .............................................................................................................. OMAN: Steel Nails, A–523–808 .................................................................................................................................................... REPUBLIC OF KOREA: Corrosion-Resistant Steel Products, A–580–878 ................................................................................................................... Fine Denier Polyester Staple Fiber, A–580–893 ................................................................................................................... Stainless Steel Sheet and Strip in Coils, A–580–834 ............................................................................................................ Steel Nails, A–580–874 .......................................................................................................................................................... SOCIALIST REPUBLIC OF VIETNAM: Steel Nails, A–552–818 .......................................................................................................................................................... Welded Stainless Pressure Pipe, A–552–816 ....................................................................................................................... TAIWAN: Corrosion-Resistant Steel Products, A–583–856 ................................................................................................................... Fine Denier Polyester Staple Fiber, A–583–860 ................................................................................................................... Polyethylene Terephthalate (Pet) Film, A–583–837 .............................................................................................................. Stainless Steel Sheet and Strip in Coils, A–583–831 ............................................................................................................ Steel Nails, A–583–854 .......................................................................................................................................................... THAILAND: Carbon Steel Butt-Weld Pipe Fittings, A–549–807 ................................................................................................................ Citric Acid and Certain Citrate Salts, A–549–833 .................................................................................................................. Weld Stainless Steel Pressure Pipe, A–549–830 .................................................................................................................. THE PEOPLE’S REPUBLIC OF CHINA: Carbon Steel Butt-Weld Pipe Fittings, A–570–814 ................................................................................................................ Certain Sodium Potassium Phosphate Salts, A–570–962 ..................................................................................................... Certain Steel Grating, A–570–947 ......................................................................................................................................... Circular Welded Carbon Quality Steel Pipe, A–570–910 ...................................................................................................... Cold-Rolled Steel Flat Products, A–570–029 ........................................................................................................................ Collated Steel Staples, A–570–112 ....................................................................................................................................... Corrosion-Resistant Steel Products, A–570–026 ................................................................................................................... Fine Denier Polyester Staple Fiber, A–570–060 ................................................................................................................... Persulfates, A–570–847 ......................................................................................................................................................... Quartz Surface Products, A–570–084 ................................................................................................................................... Xanthan Gum, A–570–985 ..................................................................................................................................................... TURKEY: Certain Pasta, A–489–805 ..................................................................................................................................................... Steel Concrete Reinforcing Bar, A–489–829 ......................................................................................................................... UKRAINE: Oil Country Tubular Goods, A–823–815 ..................................................................................................................... Countervailing Duty Proceedings INDIA: Corrosion-Resistant Steel Products, C–533–864 .................................................................................................................. Polyethylene Terephthalate (Pet) Film, C–533–825 .............................................................................................................. ITALY: Certain Pasta, C–475–819 ..................................................................................................................................................... Corrosion-Resistant Steel Products, C–475–833 .................................................................................................................. REPUBLIC OF KOREA: Corrosion-Resistant Steel Products, C–580–879 ................................................................................. SOCIALIST OF REPUBLIC OF VIETNAM: Steel Nails, C–552–819 ........................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Certain Sodium and Potassium Phosphate Salts, C–570–963 ............................................................................................. 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 1/8/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 7/1/20–6/30/21 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Circular Welded Carbon Quality Steel Pipe, C–570–911 ...................................................................................................... Cold-Rolled Steel Flat Products, C–570–030 ........................................................................................................................ Collated Steel Staples, C–570–113 ....................................................................................................................................... Corrosion-Resistant Steel Products, C–570–027 .................................................................................................................. Prestressed Concrete Steel Wire Strand, C–570–946 .......................................................................................................... Quartz Surface Products, C–570–085 ................................................................................................................................... Steel Grating, C–570–948 ...................................................................................................................................................... TURKEY: Certain Pasta, C–489–806 ..................................................................................................................................................... Steel Concrete Reinforcing Bar, C–489–830 ......................................................................................................................... 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 NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 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 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 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 00009 Fmt 4703 Sfmt 4703 35067 1/1/20–12/31/20 1/1/20–12/31/20 11/12/19–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 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 requests received by the last day of July 2021. If Commerce does not receive, by the last day of July 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. 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\01JYN1.SGM 01JYN1 35068 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices Dated: June 28, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14112 Filed 6–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–817] Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that the producers/exporters subject to this review made sales of subject merchandise in the United States at less than normal value during the period of review (POR) January 26, 2018, through July 31, 2019. DATES: Applicable July 1, 2021. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0665. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On December 28, 2020, Commerce published the Preliminary Results of the 2018–2019 administrative review of the antidumping duty order on ripe olives from Spain.1 The administrative review covers three producers or exporters of the subject merchandise, Agro Sevilla Aceitunas S. Coop. And. (Agro Sevilla), Camacho Alimentacion S.L. (Angel Camacho), and Alimentary Group Dcoop S. Coop. And. (Dcoop). We invited interested parties to comment on the Preliminary Results. On February 1, 2021, we received case briefs from the domestic interested parties, Musco Family Olive Company (Musco) and Bell-Carter Foods, LLC (BCF), both members of the Coalition for Fair Trade in Ripe Olives, and from the mandatory respondents, Agro Sevilla, Angel Camacho, and Dcoop.2 On February 8, 1 See Ripe Olives from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2018– 2019, 85 FR 84297 (December 28, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Musco’s Letters, ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Case Brief VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 2021, Musco, Agro Sevilla, Angel Camacho, and Dcoop submitted rebuttal briefs.3 On April 5, 2021, Commerce extended the deadline for the final results by 59 days to June 25, 2021.4 Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. Scope of the Order The merchandise subject to the order are ripe olives. A full description of the scope of the order is contained in the Issues and Decision Memorandum.5 Final Results of the Administrative Review Changes Since the Preliminary Results Based on the comments received we made changes for these final results which are discussed in the Issues and Decision Memorandum. We determine that the following weighted-average dumping margins exist for the period January 26, 2018, through July 31, 2019. Analysis of Comments Received All issues raised in the case and Weightedrebuttal briefs that were submitted by average parties in this investigation are Producer/exporter dumping margin addressed in the Issues and Decision (percent) Memorandum. A list of the topics discussed in the Issues and Decision Agro Sevilla Aceitunas Memorandum is attached as an S.COOP Andalusia ........... 15.65 Appendix to this notice. The Issues and Angel Camacho Decision Memorandum is a public Alimentacion S.L ............... 22.41 document and is on file electronically Alimentary Group Dcoop S. via Enforcement and Compliance’s Coop. And ......................... 5.78 Antidumping and Countervailing Duty Centralized Electronic Service System Disclosure (ACCESS). ACCESS is available to We intend to disclose the calculations registered users at https:// performed in connection with these access.trade.gov. In addition, a complete final results to parties in this proceeding within five days after the date of Concerning Agro Sevilla,’’ dated February 1, 2021; publication of the final results or, if ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Case Brief Concerning Camacho,’’ there is no public announcement, dated February 1, 2021; and ‘‘Ripe Olives from within five days of the date of Spain; 1st Administrative Review Musco Case Brief publication of the notice of final results Concerning Dcoop,’’ dated February 1, 2021; see in the Federal Register, in accordance also BCF’s Letter, ‘‘Ripe Olives from Spain: Case Brief,’’ dated February 1, 2021; Agro Sevilla’s with 19 CFR 351.224(b). Letter, ‘‘Case Brief of Agro Sevilla Ripe Olives from Spain (A–469–817) POR1,’’ dated February 1, 2021; Angel Camacho’s Letter, ‘‘Case Brief of Camacho Alimentacio´n S.L. Ripe Olives from Spain (A–469– 817) POR1,’’ dated February 1, 2021; and Dcoop’s Letter, ‘‘Ripe Olives from Spain: Case Brief,’’ dated February 1, 2021. 3 See Musco’s Letters, ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Rebuttal Brief Concerning Agro Sevilla,’’ dated February 8, 2021; ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Rebuttal Brief Concerning Camacho,’’ dated February 8, 2021; ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Rebuttal Brief Concerning Dcoop,’’ dated February 8, 2021; and ‘‘Ripe Olives from Spain; 1st Administrative Review Musco Rebuttal Brief Concerning BCF,’’ dated February 8, 2021; see also Agro Sevilla’s Letter, ‘‘Rebuttal Brief of Agro Sevilla Ripe Olives from Spain (A–469–817) POR1,’’ dated February 8, 2021; Angel Camacho’s Letter, ‘‘Rebuttal Brief of Camacho Alimentacio´n S.L. Ripe Olives from Spain (A–469–817) POR1,’’ dated February 8, 2021; and Dcoop’s Letter, ‘‘Ripe Olives from Spain: Rebuttal Brief,’’ dated February 8, 2021. 4 See Memorandum, ‘‘Ripe Olives from Spain: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated April 5, 2021. 5 See Memorandum, ‘‘Ripe Olives from Spain: Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review; 2018–2019,’’ dated concurrently with, and hereby adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For Agro Sevilla, Angel Camacho, and Dcoop, we calculated importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1).6 Where an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated 6 In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35065-35068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14112]


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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.
    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.
---------------------------------------------------------------------------

    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------

    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

[[Page 35066]]

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 
July 2021,\2\ interested parties may request administrative review of 
the following orders, findings, or suspended investigations, with 
anniversary dates in July 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.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
             Antidumping Duty Proceedings
 
BELGIUM: Citric Acid and Certain Citrate Salts, A-423-    7/1/20-6/30/21
 813.................................................
COLOMBIA: Citric Acid and Certain Citrate Salts, A-       7/1/20-6/30/21
 301-803.............................................
INDIA:
    Corrosion-Resistant Steel Products, A-533-863....     7/1/20-6/30/21
    Fine Denier Polyester Staple Fiber, A-533-875....     7/1/20-6/30/21
    Polyethylene Terephthalate (Pet) Film, A-533-824.     7/1/20-6/30/21
IRAN: In-Shell Pistachios, A-507-502.................     7/1/20-6/30/21
ITALY:
    Certain Pasta, A-475-818.........................     7/1/20-6/30/21
    Corrosion-Resistant Steel Products, A-475-832....     7/1/20-6/30/21
JAPAN:
    Clad Steel Plate, A-588-838......................     7/1/20-6/30/21
    Cold-Rolled Steel Flat Products, A-588-873.......     7/1/20-6/30/21
    Polyvinyl Alcohol, A-588-861.....................     7/1/20-6/30/21
    Stainless Steel Sheet and Strip in Coils, A-588-      7/1/20-6/30/21
     845.............................................
    Steel Concrete Reinforcing Bar, A-588-876........     7/1/20-6/30/21
MALAYSIA:
    Steel Nails, A-557-816...........................     7/1/20-6/30/21
    Welded Stainless Steel Pressure Pipe, A-557-815..     7/1/20-6/30/21
OMAN: Steel Nails, A-523-808.........................     7/1/20-6/30/21
REPUBLIC OF KOREA:
    Corrosion-Resistant Steel Products, A-580-878....     7/1/20-6/30/21
    Fine Denier Polyester Staple Fiber, A-580-893....     7/1/20-6/30/21
    Stainless Steel Sheet and Strip in Coils, A-580-      7/1/20-6/30/21
     834.............................................
    Steel Nails, A-580-874...........................     7/1/20-6/30/21
SOCIALIST REPUBLIC OF VIETNAM:
    Steel Nails, A-552-818...........................     7/1/20-6/30/21
    Welded Stainless Pressure Pipe, A-552-816........     7/1/20-6/30/21
TAIWAN:
    Corrosion-Resistant Steel Products, A-583-856....     7/1/20-6/30/21
    Fine Denier Polyester Staple Fiber, A-583-860....     7/1/20-6/30/21
    Polyethylene Terephthalate (Pet) Film, A-583-837.     7/1/20-6/30/21
    Stainless Steel Sheet and Strip in Coils, A-583-      7/1/20-6/30/21
     831.............................................
    Steel Nails, A-583-854...........................     7/1/20-6/30/21
THAILAND:
    Carbon Steel Butt-Weld Pipe Fittings, A-549-807..     7/1/20-6/30/21
    Citric Acid and Certain Citrate Salts, A-549-833.     7/1/20-6/30/21
    Weld Stainless Steel Pressure Pipe, A-549-830....     7/1/20-6/30/21
THE PEOPLE'S REPUBLIC OF CHINA:
    Carbon Steel Butt-Weld Pipe Fittings, A-570-814..     7/1/20-6/30/21
    Certain Sodium Potassium Phosphate Salts, A-570-      7/1/20-6/30/21
     962.............................................
    Certain Steel Grating, A-570-947.................     7/1/20-6/30/21
    Circular Welded Carbon Quality Steel Pipe, A-570-     7/1/20-6/30/21
     910.............................................
    Cold-Rolled Steel Flat Products, A-570-029.......     7/1/20-6/30/21
    Collated Steel Staples, A-570-112................     1/8/20-6/30/21
    Corrosion-Resistant Steel Products, A-570-026....     7/1/20-6/30/21
    Fine Denier Polyester Staple Fiber, A-570-060....     7/1/20-6/30/21
    Persulfates, A-570-847...........................     7/1/20-6/30/21
    Quartz Surface Products, A-570-084...............     7/1/20-6/30/21
    Xanthan Gum, A-570-985...........................     7/1/20-6/30/21
TURKEY:
    Certain Pasta, A-489-805.........................     7/1/20-6/30/21
    Steel Concrete Reinforcing Bar, A-489-829........     7/1/20-6/30/21
UKRAINE: Oil Country Tubular Goods, A-823-815........     7/1/20-6/30/21
 
           Countervailing Duty Proceedings
INDIA:
    Corrosion-Resistant Steel Products, C-533-864....    1/1/20-12/31/20
    Polyethylene Terephthalate (Pet) Film, C-533-825.    1/1/20-12/31/20
ITALY:
    Certain Pasta, C-475-819.........................    1/1/20-12/31/20
    Corrosion-Resistant Steel Products, C-475-833....    1/1/20-12/31/20
REPUBLIC OF KOREA: Corrosion-Resistant Steel             1/1/20-12/31/20
 Products, C-580-879.................................
SOCIALIST OF REPUBLIC OF VIETNAM: Steel Nails, C-552-    1/1/20-12/31/20
 819.................................................
THE PEOPLE'S REPUBLIC OF CHINA:
    Certain Sodium and Potassium Phosphate Salts, C-     1/1/20-12/31/20
     570-963.........................................

[[Page 35067]]

 
    Circular Welded Carbon Quality Steel Pipe, C-570-    1/1/20-12/31/20
     911.............................................
    Cold-Rolled Steel Flat Products, C-570-030.......    1/1/20-12/31/20
    Collated Steel Staples, C-570-113................  11/12/19-12/31/20
    Corrosion-Resistant Steel Products, C-570-027....    1/1/20-12/31/20
    Prestressed Concrete Steel Wire Strand, C-570-946    1/1/20-12/31/20
    Quartz Surface Products, C-570-085...............    1/1/20-12/31/20
    Steel Grating, C-570-948.........................    1/1/20-12/31/20
TURKEY:
    Certain Pasta, C-489-806.........................    1/1/20-12/31/20
    Steel Concrete Reinforcing Bar, C-489-830........    1/1/20-12/31/20
------------------------------------------------------------------------

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 requests received 
by the last day of July 2021. If Commerce does not receive, by the last 
day of July 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.


[[Page 35068]]


    Dated: June 28, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-14112 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P