Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 35065-35068 [2021-14112]
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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.
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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.
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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
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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).
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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:
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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.
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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices
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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
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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.
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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).
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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:
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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
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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 https://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.
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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
[[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\
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\3\ See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/.
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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.
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\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\
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\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).
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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
