Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2019-2020, 35747-35750 [2021-14445]
Download as PDF
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
Dated: June 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2021–14447 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Rescission of Antidumping Duty
Administrative Review, and
Preliminary Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
exporters of certain aluminum foil
(aluminum foil) from the People’s
Republic of China (China) sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) April 1, 2019,
through March 31, 2020. Additionally,
Commerce is rescinding this review
with respect to multiple companies.
Interested parties are invited to
comment on these preliminary results of
this review.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich or Michael J.
Heaney, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1979, or
(202) 482–4475, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On June 8, 2020, Commerce initiated
an administrative review of the
antidumping duty order on aluminum
foil from China,1 in accordance with
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
34708 (June 8, 2020); see also Certain Aluminum
Foil from the People’s Republic of China: Amended
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section 751(a) of the Tariff Act of 1930,
as amended (the Act). On July 21, 2020,
Commerce tolled the deadlines for
issuing its preliminary results by 60
days.2 On February 26, 2021, pursuant
to section 751(a)(3)(A) of the Act,
Commerce extended the deadline for the
preliminary results of this review by 120
days, until June 29, 2021.3
The administrative review covers two
mandatory respondents: (1) Jiangsu
Zhongji Lamination Materials Co., (HK)
Ltd.; Jiangsu Zhongji Lamination
Materials Stock Co., Ltd.; Jiangsu
Zhongji Lamination Materials Co., Ltd.;
and Jiangsu Huafeng Aluminum
Industry Co., Ltd (collectively,
Zhongji); 4 and (2) Jiangsu Alcha
Aluminum Co., Ltd. (Jiangsu Alcha).
The administrative review also covers
14 other companies that were not
selected for individual examination. For
details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
The Preliminary Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: 83 FR 17362
(April 19, 2018) (Order).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Aluminum Foil from the
People’s Republic of China: Extension of Time
Limit Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
February 26, 2021.
4 Consistent with the methodology employed in
the less-than-fair-value (LTFV) investigation, we
have continued to collapse Jiangsu Zhongji
Lamination Materials Co., (HK) Ltd. (Zhongji HK),
and Jiangsu Zhongji Lamination Materials Co., Ltd.
(Jiangsu Zhongji), (collectively, Zhongji) and to treat
these companies as a single entity. See
Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination and Accompanying
Preliminary Decision Memorandum, 82 FR 50858
(November 2, 2017), and accompanying Preliminary
Decision Memorandum at 16–18, unchanged in
Certain Aluminum Foil From the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018). We find
that record evidence supports treating each of these
entities as a collapsed entity in this review. See
Memorandum, ‘‘Zhongji Analysis for the
Preliminary Results,’’ dated June 29, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Aluminum Foil
from the People’s Republic of China; 2018–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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35747
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the
Order is aluminum foil from China. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.6
Preliminary Determination of No
Shipments
Jiangsu Dingsheng New Materials
Joint Stock Co., Ltd.; Hangzhou Teemful
Aluminum Co., Ltd.; and Hangzhou
Five Star Aluminum Co., Ltd. reported
that they did not have any exports of
subject merchandise during the POR.7
To date, we have found no evidence
calling into question the no-shipment
claims made by these companies;
therefore, we preliminarily find that
these companies had no shipments of
subject merchandise to the United
States during the POR. For additional
information regarding these preliminary
determinations, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
Section 351.213(d)(1) of Commerce’s
regulations provides that Commerce
will rescind an administrative review,
in whole or in part, if all parties that
requested a review withdraw their
requests for review within 90 days of
the publication date of the notice of
initiation of the requested review. All
parties timely withdrew their requests
for administrative review of the
following companies: (1) Baotou Alcha
Aluminum Co., Ltd.; (2) Granges
Aluminum (Shanghai) Co., Ltd.; (3)
Guangxi Baise Xinghe Aluminum
Industry Co., Ltd.; (4) Hangzhou
DingCheng Aluminum Co., Ltd.; (5)
Hangzhou Dingsheng Industrial Group
Co. Ltd.; (6) Hangzhou Teemful
Aluminum Co., Ltd.; (7) Huafon Nikkei
Aluminium Corporation; (8) Jiangyin
Dolphin Pack Ltd. Co.; (9) Luoyang
Longding Aluminium Industries Co.,
6 See
Preliminary Decision Memorandum at 2.
Letter from Jiangsu Dingsheng New
Materials Joint Stock Co., Ltd ‘‘No Shipment Letter
for Jiangsu Dingsheng in the Administrative Review
of Aluminum Foil from the People’s Republic of
China,’’ dated July 8, 2020 Letter from Hangzhou
Five Star, ‘‘No Shipment Letter for Hangzhou Five
Star in the Administrative Review of the
Antidumping Duty Order on Aluminum Foil from
the People’s Republic of China,’’ dated July 8, 2020;
Letter from Hangzhou Teemful, ‘‘No Shipment
Letter for Hangzhou Teemful in the Administrative
Review of the Antidumping Duty Order on
Aluminum Foil from the People’s Republic of
China,’’ dated July 8, 2020.
7 See
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Ltd.; (10) Shandong Yuanrui Metal
Material Co., Ltd.; (11) Shantou
Wanshun Package Material Stock Co.,
Ltd.; (12) Suntown Technology Group
Corporation Limited; (13) Suzhou
Manakin Aluminum Processing
Technology Co., Ltd.; (14) Walson (HK)
Trading Co., Limited; (15) Yantai
Donghai Aluminum Foil Co., Ltd.; (16)
Yantai Jintai International Trade Co.,
Ltd.; and (17) Zhejiang Zhongjin
Aluminum Industry Co., Ltd.8
Therefore, we are rescinding this review
with respect to these companies, in
accordance with 19 CFR 351.213(d)(1).
For additional information regarding the
rescission of Commerce’s administrative
reviews, see the Preliminary Decision
Memorandum.
SNTO International Group Limited
(SNTO) have not demonstrated their
eligibility for a separate rate because
SNTO did not file a separate application
or certification with Commerce, and
because Jiangsu Alcha failed to respond
to our standard NME antidumping
questionnaire. Therefore, we are treating
these companies as part of the Chinawide entity. Because no party requested
a review of the China-wide entity in this
review, it is not under review and the
entity’s rate (i.e., 105.80 percent) is not
subject to change.10
For additional information regarding
Commerce’s preliminary separate rates
determinations, see the Preliminary
Decision Memorandum.
Separate Rates
Dumping Margins for Separate Rate
Companies
We have preliminarily determined
that information placed on the record by
the following companies demonstrates
that these entities are eligible for a
separate rate: (1) Zhongji; (2) Alcha
International Holdings Limited; (3)
Dingsheng Aluminum Industries (Hong
Kong) Trading Co.; (4) Hangzhou
Dingsheng Import & Export Co., Ltd.; (5)
Hunan Suntown Marketing Limited; (6)
Shanghai Huafon Aluminum
Corporation; (7) Suntown Technology
Group Limited; (8) Xiamen Xiashun
Aluminum Foil Co., Ltd, and (9)
Yinbang Clad Materials Co., Ltd.
(Yinbang Clad).9
We have also preliminarily
determined that Jiangsu Alcha and
The statute and Commerce’s
regulations do not address what rate to
apply to respondents not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for non-selected
respondents that are not examined
individually in an administrative
review. Section 735(c)(5)(A) of the Act
states that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Where the rates for the
individually examined companies are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method’’ to
establish the all-others rate. In this
review, we calculated a rate for Zhongji
that is not zero, de minimis, or based
entirely on facts available. Therefore, we
have assigned this rate to the companies
not selected for individual examination
but that are eligible for a separate rate.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act. We
calculated export prices in accordance
with section 772 of the Act. Because
Commerce has determined that China is
a non-market economy country,11
within the meaning of section 771(18) of
the Act, Commerce calculated normal
value in accordance with section 773(c)
of the Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
April 1, 2019 through March 31, 2020:
Weightedaverage
dumping
margin
(percent)
Exporter
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd .......................................................................................
Alcha International Holdings Limited ...................................................................................................................................................
Dingsheng Aluminum Industries Hong Kong Trading Co ...................................................................................................................
Hangzhou Dingsheng Import & Export Co., Ltd ..................................................................................................................................
Hunan Suntown Marketing Limited .....................................................................................................................................................
Shanghai Huafon Aluminum Corporation ............................................................................................................................................
Suntown Technology Group Limited ...................................................................................................................................................
Xiamen Xiashun Aluminum Foil Co., Ltd ............................................................................................................................................
Yinbang Clad Materials Co., Ltd .........................................................................................................................................................
China-Wide Entity 12 ............................................................................................................................................................................
8 See Petitioner’s Letter, ‘‘2nd Administrative
Review of the Antidumping Duty Order on Certain
Aluminum Foil from the People’s Republic of
China—Petitioner Partial Withdrawal of Review
Requests’’ dated September 8, 2020.
9 See Preliminary Decision Memorandum at 7–10.
10 See Order, 83 FR at 17363.
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11 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017), unchanged in Certain Aluminum Foil
from the People’s Republic of China: Final
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118.99
118.99
118.99
118.99
118.99
118.99
118.99
118.99
118.99
105.80
Determination of Sales at Less Than Fair Value, 83
FR 9282 (March 5, 2018).
12 As noted above, the China-Wide Entity is not
subject to this review. However, in this review we
have preliminarily determined that the following
companies under review are now part of the ChinaWide Entity: Jiangsu Alcha; SNTO International
Group Limited.
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Disclosure and Public Comment
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
no later than 30 days after the date of
publication of these preliminary results
of review in the Federal Register.13
Rebuttal briefs may be filed no later
than seven days after case briefs are due
and may respond only to arguments
raised in the case briefs.14 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any briefs submitted to
Commerce. The summary should be
limited to five pages total, including
footnotes.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice in the Federal Register.16
Requests should contain the party’s
name, address, and telephone number,
the number of individuals from the
requesting party’s firm that will attend
the hearing, and a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.17
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled date of the hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.18 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.19
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.20 Unless otherwise extended,
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13 See
19 CFR 351.309(c)(ii).
14 See 19 CFR 351.309(d).
15 See 19 CFR 351.309(c)(2), (d)(2).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
18 See generally 19 CFR 351.303.
19 See 19 CFR 351.303 (for general filing
requirements); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020); see
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Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
review, Commerce will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.21 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).22 Where the respondent
reported reliable entered values,
Commerce intends to calculate
importer/customer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer/customer and
dividing this amount by the total
entered value of the merchandise sold to
the importer/customer.23 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the amount of
dumping for reviewed sales to the
importer/customer by the total quantity
of those sales. Commerce will calculate
an estimated ad valorem importer/
customer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
21 See 19 CFR 351.212(b)(1).
22 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
23 See 19 CFR 351.212(b)(1).
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35749
were not reported.24 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.25
For the respondents that were not
selected for individual examination in
this administrative review, but which
qualified for a separate rate, the
assessment rate will be based on the
weighted-average dumping margin(s)
assigned to the respondent(s), as
appropriate, in the final results of this
review.26
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by an exporter individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin for the China-wide entity.27
Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin for the China-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
24 Id.
25 See
Final Modification, 77 FR at 8103.
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying IDM at 10–11, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments; 2014–2015, 81 FR 54042 (August 15,
2016).
27 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
26 See
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exceeds U.S. price. The following cash
deposit requirements will be effective
for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table above, the
cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the exporter (except, if the
dumping margin is de minimis (i.e., less
than 0.5 percent), then the cash deposit
rate will be zero for that exporter); (2)
for previously investigated or reviewed
Chinese and non-Chinese exporters that
are not listed in the table above but that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate established in the most recently
completed segment of this proceeding;
(3) for all Chinese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the China-wide entity (i.e., 105.80
percent) 28 and (4) for all non-Chinese
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties and/or
countervailing duties has occurred, and
the subsequent assessment of double
antidumping duties and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
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Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
28 See
Order, 83 FR at 17363.
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Dated: June 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(F) of
the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–14445 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Establishment of a Team Under the
National Construction Safety Team Act
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The Director of the National
Institute of Standards and Technology
(NIST), United States Department of
Commerce, announces the
establishment of a National
Construction Safety Team pursuant to
the National Construction Safety Team
Act. The Team was established to study
the collapse of the Champlain Towers
South Condominium in Surfside, FL
that occurred on June 24, 2021.
DATES: The National Construction Safety
Team was established on June 30, 2021.
ADDRESSES: Dr. Joannie Chin,
Engineering Laboratory, National
Institute of Standards and Technology,
Mail Stop 8600, Gaithersburg, MD
20899–8600, telephone number (301)
975–6815. Members of the public are
encouraged to submit to the Team nonprivileged evidence that is relevant to
the subject matter of the NIST
investigation described in this notice.
Such evidence may be submitted to the
address contained in this section.
Confidential information will only be
accepted pursuant to an appropriate
nondisclosure agreement.
FOR FURTHER INFORMATION CONTACT: Dr.
Joannie Chin, Engineering Laboratory,
National Institute of Standards and
Technology, Mail Stop 8600,
SUMMARY:
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Gaithersburg, MD 20899–8600,
telephone number (301) 975–6815.
SUPPLEMENTARY INFORMATION:
Background: The National Construction
Safety Team Act (‘‘Act’’), Public Law
107–231, codified at 15 U.S.C. 7301 et
seq., was enacted to provide for the
establishment of investigative teams
(‘‘Teams’’) to assess building
performance and emergency response
and evacuation procedures in the wake
of any building failure that has resulted
in substantial loss of life or that posed
significant potential of substantial loss
of life. The purpose of investigations by
Teams is to improve the safety and
structural integrity of buildings in the
United States. As stated in the statute,
a Team shall (1) establish the likely
technical cause or causes of the building
failure; (2) evaluate the technical
aspects of evacuation and emergency
response procedures; (3) recommend, as
necessary, specific improvements to
building standards, codes, and practices
based on the findings made pursuant to
(1) and (2); and (4) recommend any
research and other appropriate actions
needed to improve the structural safety
of buildings, and improve evacuation
and emergency response procedures,
based on the findings of the
investigation. In addition, NIST has
promulgated regulations implementing
the Act. The regulations are found at 15
CFR part 270.
NIST sent a preliminary
reconnaissance team to collect
information and data related to the
collapse of the Champlain Towers South
Condominium in Surfside, FL that
occurred on June 24, 2021. Based on the
recommendations of the preliminary
reconnaissance team and evaluation of
the criteria listed in the regulations
implementing the Act, specifically in 15
CFR 270.102, on June 30, 2021, the
Director of the National Institute of
Standards and Technology (NIST),
United States Department of Commerce,
established a Team to study the collapse
of the Champlain Towers South
Condominium in Surfside, FL. The
Team may include members who are
Federal employees and members who
are not Federal employees. Team
members who are Federal employees are
governed by the Federal conflict of
interest laws. Team members who are
not Federal employees will be Federal
government contractors, and conflicts of
interest related to their service on the
Team will be governed by FAR Subpart
9.5, Organizational and Consultant
Conflicts of Interest, which will be
incorporated by reference into all such
contracts.
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35747-35750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14445]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) April 1,
2019, through March 31, 2020. Additionally, Commerce is rescinding this
review with respect to multiple companies. Interested parties are
invited to comment on these preliminary results of this review.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Michael J.
Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1979, or (202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2020, Commerce initiated an administrative review of the
antidumping duty order on aluminum foil from China,\1\ in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act). On
July 21, 2020, Commerce tolled the deadlines for issuing its
preliminary results by 60 days.\2\ On February 26, 2021, pursuant to
section 751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results of this review by 120 days, until June 29, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 34708 (June 8, 2020); see also Certain
Aluminum Foil from the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: 83 FR 17362 (April 19, 2018) (Order).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Aluminum Foil from the People's Republic
of China: Extension of Time Limit Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated February 26,
2021.
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The administrative review covers two mandatory respondents: (1)
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji
Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination
Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd
(collectively, Zhongji); \4\ and (2) Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha). The administrative review also covers 14 other
companies that were not selected for individual examination. For
details regarding the events that occurred subsequent to the initiation
of the review, see the Preliminary Decision Memorandum.\5\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\4\ Consistent with the methodology employed in the less-than-
fair-value (LTFV) investigation, we have continued to collapse
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK),
and Jiangsu Zhongji Lamination Materials Co., Ltd. (Jiangsu
Zhongji), (collectively, Zhongji) and to treat these companies as a
single entity. See Antidumping Duty Investigation of Certain
Aluminum Foil from the People's Republic of China: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Accompanying Preliminary
Decision Memorandum, 82 FR 50858 (November 2, 2017), and
accompanying Preliminary Decision Memorandum at 16-18, unchanged in
Certain Aluminum Foil From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018). We find that record evidence supports treating each of these
entities as a collapsed entity in this review. See Memorandum,
``Zhongji Analysis for the Preliminary Results,'' dated June 29,
2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Aluminum Foil from the People's Republic of China; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the Order is aluminum foil from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Decision Memorandum at 2.
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Preliminary Determination of No Shipments
Jiangsu Dingsheng New Materials Joint Stock Co., Ltd.; Hangzhou
Teemful Aluminum Co., Ltd.; and Hangzhou Five Star Aluminum Co., Ltd.
reported that they did not have any exports of subject merchandise
during the POR.\7\ To date, we have found no evidence calling into
question the no-shipment claims made by these companies; therefore, we
preliminarily find that these companies had no shipments of subject
merchandise to the United States during the POR. For additional
information regarding these preliminary determinations, see the
Preliminary Decision Memorandum.
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\7\ See Letter from Jiangsu Dingsheng New Materials Joint Stock
Co., Ltd ``No Shipment Letter for Jiangsu Dingsheng in the
Administrative Review of Aluminum Foil from the People's Republic of
China,'' dated July 8, 2020 Letter from Hangzhou Five Star, ``No
Shipment Letter for Hangzhou Five Star in the Administrative Review
of the Antidumping Duty Order on Aluminum Foil from the People's
Republic of China,'' dated July 8, 2020; Letter from Hangzhou
Teemful, ``No Shipment Letter for Hangzhou Teemful in the
Administrative Review of the Antidumping Duty Order on Aluminum Foil
from the People's Republic of China,'' dated July 8, 2020.
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Partial Rescission of Administrative Review
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
all parties that requested a review withdraw their requests for review
within 90 days of the publication date of the notice of initiation of
the requested review. All parties timely withdrew their requests for
administrative review of the following companies: (1) Baotou Alcha
Aluminum Co., Ltd.; (2) Granges Aluminum (Shanghai) Co., Ltd.; (3)
Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Hangzhou
DingCheng Aluminum Co., Ltd.; (5) Hangzhou Dingsheng Industrial Group
Co. Ltd.; (6) Hangzhou Teemful Aluminum Co., Ltd.; (7) Huafon Nikkei
Aluminium Corporation; (8) Jiangyin Dolphin Pack Ltd. Co.; (9) Luoyang
Longding Aluminium Industries Co.,
[[Page 35748]]
Ltd.; (10) Shandong Yuanrui Metal Material Co., Ltd.; (11) Shantou
Wanshun Package Material Stock Co., Ltd.; (12) Suntown Technology Group
Corporation Limited; (13) Suzhou Manakin Aluminum Processing Technology
Co., Ltd.; (14) Walson (HK) Trading Co., Limited; (15) Yantai Donghai
Aluminum Foil Co., Ltd.; (16) Yantai Jintai International Trade Co.,
Ltd.; and (17) Zhejiang Zhongjin Aluminum Industry Co., Ltd.\8\
Therefore, we are rescinding this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(1). For additional
information regarding the rescission of Commerce's administrative
reviews, see the Preliminary Decision Memorandum.
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\8\ See Petitioner's Letter, ``2nd Administrative Review of the
Antidumping Duty Order on Certain Aluminum Foil from the People's
Republic of China--Petitioner Partial Withdrawal of Review
Requests'' dated September 8, 2020.
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Separate Rates
We have preliminarily determined that information placed on the
record by the following companies demonstrates that these entities are
eligible for a separate rate: (1) Zhongji; (2) Alcha International
Holdings Limited; (3) Dingsheng Aluminum Industries (Hong Kong) Trading
Co.; (4) Hangzhou Dingsheng Import & Export Co., Ltd.; (5) Hunan
Suntown Marketing Limited; (6) Shanghai Huafon Aluminum Corporation;
(7) Suntown Technology Group Limited; (8) Xiamen Xiashun Aluminum Foil
Co., Ltd, and (9) Yinbang Clad Materials Co., Ltd. (Yinbang Clad).\9\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at 7-10.
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We have also preliminarily determined that Jiangsu Alcha and SNTO
International Group Limited (SNTO) have not demonstrated their
eligibility for a separate rate because SNTO did not file a separate
application or certification with Commerce, and because Jiangsu Alcha
failed to respond to our standard NME antidumping questionnaire.
Therefore, we are treating these companies as part of the China-wide
entity. Because no party requested a review of the China-wide entity in
this review, it is not under review and the entity's rate (i.e., 105.80
percent) is not subject to change.\10\
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\10\ See Order, 83 FR at 17363.
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For additional information regarding Commerce's preliminary
separate rates determinations, see the Preliminary Decision Memorandum.
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually examined companies are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate. In this review, we
calculated a rate for Zhongji that is not zero, de minimis, or based
entirely on facts available. Therefore, we have assigned this rate to
the companies not selected for individual examination but that are
eligible for a separate rate.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. We calculated export prices in
accordance with section 772 of the Act. Because Commerce has determined
that China is a non-market economy country,\11\ within the meaning of
section 771(18) of the Act, Commerce calculated normal value in
accordance with section 773(c) of the Act.
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\11\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017), unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
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\12\ As noted above, the China-Wide Entity is not subject to
this review. However, in this review we have preliminarily
determined that the following companies under review are now part of
the China-Wide Entity: Jiangsu Alcha; SNTO International Group
Limited.
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Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2019 through
March 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 118.99
Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu
Huafeng Aluminum Industry Co., Ltd.....................
Alcha International Holdings Limited.................... 118.99
Dingsheng Aluminum Industries Hong Kong Trading Co...... 118.99
Hangzhou Dingsheng Import & Export Co., Ltd............. 118.99
Hunan Suntown Marketing Limited......................... 118.99
Shanghai Huafon Aluminum Corporation.................... 118.99
Suntown Technology Group Limited........................ 118.99
Xiamen Xiashun Aluminum Foil Co., Ltd................... 118.99
Yinbang Clad Materials Co., Ltd......................... 118.99
China-Wide Entity \12\.................................. 105.80
------------------------------------------------------------------------
[[Page 35749]]
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review in the Federal Register.\13\
Rebuttal briefs may be filed no later than seven days after case briefs
are due and may respond only to arguments raised in the case
briefs.\14\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\15\
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\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice in the Federal Register.\16\ Requests
should contain the party's name, address, and telephone number, the
number of individuals from the requesting party's firm that will attend
the hearing, and a list of the issues the party intends to discuss at
the hearing. Oral arguments at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\17\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date of the hearing.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\18\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\19\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\20\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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\18\ See generally 19 CFR 351.303.
\19\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); see also Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\21\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after date of publication of the final results of
this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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\21\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\22\ Where the respondent reported reliable
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer/customer and
dividing this amount by the total entered value of the merchandise sold
to the importer/customer.\23\ Where the respondent did not report
entered values, Commerce will calculate importer/customer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer/customer by the total quantity of those sales. Commerce
will calculate an estimated ad valorem importer/customer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis; however, Commerce will use the per-unit assessment rate where
entered values were not reported.\24\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer/customer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\25\
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\22\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\23\ See 19 CFR 351.212(b)(1).
\24\ Id.
\25\ See Final Modification, 77 FR at 8103.
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For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as
appropriate, in the final results of this review.\26\
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\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin for the
China-wide entity.\27\ Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin for the China-wide
entity.
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\27\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value
[[Page 35750]]
exceeds U.S. price. The following cash deposit requirements will be
effective for shipments of the subject merchandise from China entered,
or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register, as provided by
section 751(a)(2)(C) of the Act: (1) For the exporters listed in the
table above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
for the exporter (except, if the dumping margin is de minimis (i.e.,
less than 0.5 percent), then the cash deposit rate will be zero for
that exporter); (2) for previously investigated or reviewed Chinese and
non-Chinese exporters that are not listed in the table above but that
have separate rates, the cash deposit rate will continue to be the
exporter-specific rate established in the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the China-wide entity
(i.e., 105.80 percent) \28\ and (4) for all non-Chinese exporters of
subject merchandise that have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\28\ See Order, 83 FR at 17363.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties and/or countervailing duties has occurred, and
the subsequent assessment of double antidumping duties and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: June 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(F) of the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-14445 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P