Petroleum Wax Candles From the People's Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order, 36523-36524 [2021-14710]

Download as PDF Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices (collectively, the petitioners),2 and separately, Repwire LLC (Repwire).3 On February 4, 2020, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), Commerce published in the Federal Register a notice initiating an administrative review of ICF Cable and Jin Tiong Electrical Materials Manufacturer PTE. Limited (Jin Tiong) (collectively, the Companies Subject to the Review).4 On February 10, 2021, we notified interested parties that information from U.S. Customs and Border Protection (CBP)’s database, which is comprised of actual U.S. entries of subject merchandise, indicated that there were no POR entries of aluminum wire and cable from China that are subject to CVD duties with respect to the Companies Subject to the Review.5 We invited interested parties to comment on the CBP Entry Data.6 On February 18, 2021, Encore submitted comments in response to the CBP Entry Data, alleging that ICF Cable exported Chinese-origin subject merchandise to the United States during the POR, and requested that Commerce select ICF Cable as a mandatory respondent in the instant review.7 On March 26, 2021, we requested that CBP confirm whether any shipments of aluminum wire and cable from China, produced and/or exported by ICF Cable or Jin Tiong entered the United States during the POR.8 On April 1, 2021, CBP confirmed that there were no shipments of subject merchandise produced and/or exported by ICF Cable or Jin Tiong during the POR.9 We invited interested parties to comment on CBP’s khammond on DSKJM1Z7X2PROD with NOTICES 2 See Petitioners’ Letter, ‘‘Aluminum Wire and Cable from the People’s Republic of China: Request for Administrative Review,’’ dated December 31, 2020. 3 See Repwire’s Letter, ‘‘Aluminum Wire and Cable from the People’s Republic of China, C–570– 096; Request for Administrative Review,’’ dated December 31, 2020. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 8171 (February 4, 2021) (Initiation Notice); see also, Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 17135 (April 1, 2021) (Revised Initiation Notice). 5 See Memorandum, ‘‘Results of U.S. Customs and Border Protection Data Query,’’ dated February 10, 2021 (CBP Entry Data). 6 Id. 7 See Encore’s Letter, ‘‘Aluminum Wire and Cable from the People’s Republic of China: Comments on Customs Data and Respondent Selection,’’ dated February 18, 2021 (Encore’s Respondent Selection Comments). 8 See Memorandum, ‘‘Aluminum Wire and Cable from the People’s Republic of China; No Shipment Inquiry for ICF Cable and Jin Tiong Electrical Materials Manufacturer PTE. Limited during the period 04/08/2019 through 12/31/2019,’’ dated April 13, 2021 (CBP’s Confirmation of No Shipments) at Attachment. 9 Id. at 1. VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 Confirmation of No Shipments.10 On April 19, 2021, Encore submitted timely comments in response to CBP’s Confirmation of No Shipments.11 In its comments, Encore reiterated its claim that ICF Cable made sales, shipments, and/or exports of aluminum wire and cable produced in China during the POR without paying applicable cash deposits, and requested that Commerce issue a quantity and value questionnaire to ICF Cable.12 Our analysis of the record leads us to conclude that there are no reviewable entries of aluminum wire and cable from China during the POR. For a full discussion of the comments raised by Encore and our analysis, see the Rescission Memorandum.13 Rescission of Review It is Commerce’s practice to rescind an administrative review of a CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.14 Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate calculated for the review period.15 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the CVD assessment rate calculated for the review period.16 Accordingly, in the absence of suspended entries of subject merchandise during the POR for either of the companies named in the Initiation Notice, we are hereby rescinding this administrative review in accordance with 19 CFR 351.213(d)(3). Assessment Rates Commerce will instruct CBP to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required 10 See Memorandum, ‘‘Deadline for Rebuttal Factual Information,’’ dated April 14, 2021. 11 See Encore’s Letter, ‘‘Aluminum Wire and Cable from the People’s Republic of China: Comments on CBP No Shipments Response,’’ dated April 19, 2021 (Encore’s Rebuttal Comments). 12 Id. 13 See Memorandum, ‘‘Rescission of the 2019 Countervailing Duty Administrative Review,’’ dated concurrently with this notice (Rescission Memorandum). 14 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017). 15 See 19 CFR 351.212(b)(2). 16 See 19 CFR 351.213(d)(3). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 36523 at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the publication of this notice in the Federal Register. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: July 6, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14748 Filed 7–9–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–504] Petroleum Wax Candles From the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on petroleum wax candles (candles) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable July 12, 2021. FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: E:\FR\FM\12JYN1.SGM 12JYN1 36524 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194. SUPPLEMENTARY INFORMATION: Background On August 28, 1986, Commerce published the antidumping duty order on candles from China.1 On March 31, 2021, Commerce published the notice of initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On April 2, 2021, Commerce received a notice of intent to participate in this sunset review from the National Candle Association (the petitioner) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(C) of the Act as the petitioner in the less-than-fair-value investigation whose members are manufacturers, producers, or wholesalers of the domestic like product. On April 29, 2021, the petitioner provided a complete substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, nor was a hearing requested. On May 21, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The products covered by the Order include certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper-cored wicks. For a full description of the scope, see the Issues and Decision Memorandum.6 khammond on DSKJM1Z7X2PROD with NOTICES Analysis of Comments Received All issues raised in this review, including the likelihood of continuation 1 See Antidumping Duty Order: Petroleum Wax Candles from the People’s Republic of China, 51 FR 30686 (August 28, 1986) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 (March 31, 2021). 3 See Petitioner’s Letter, ‘‘Notice of Intent to Participate,’’ dated April 2, 2021. 4 See Petitioner’s Letter, ‘‘Substantive Response,’’ dated April 29, 2021. 5 See Commerce’s Letter, ‘‘Sunset Reviews for April 2021,’’ dated May 21, 2021. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Fifth Sunset Review of the Countervailing Duty Order on Petroleum Wax Candles from the People’s Republic of China,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on candles from China would likely lead to continuation or recurrence of dumping and that the magnitude of the margin of dumping likely to prevail would be weighted-average margins up to 104.33 percent.7 Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: July 2, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues PO 00000 7 Id. at 8. Frm 00003 Fmt 4703 Sfmt 4703 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2021–14710 Filed 7–9–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–962, C–570–963] Certain Potassium Phosphate Salts From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain potassium phosphate salts (salts) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. APPLICABLE DATE: Applicable July 12, 2021. AGENCY: FOR FURTHER INFORMATION CONTACT: Emily Halle (AD order) or Mark Hoadley (CVD order), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0176 and (202) 482–3148. SUPPLEMENTARY INFORMATION: Background On July 22, 2010, the Department of Commerce (Commerce) published the AD and CVD orders on salts from China.1 On November 1, 2020, the ITC instituted,2 and on November 3, 2020, 1 See Certain Potassium Phosphate Salts from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 42683 (July 22, 2010); see also Certain Potassium Phosphate Salts from the People’s Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 2010) (collectively, Orders). 2 See Potassium Phosphate Salts from China; Institution of Five-Year Reviews, 85 FR 69352 (November 2, 2020). E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36523-36524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14710]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles From the People's Republic of China: Final 
Results of the Expedited Fifth Sunset Review of the Antidumping Duty 
Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty order on petroleum wax candles (candles) from the 
People's Republic of China (China) would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable July 12, 2021.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401

[[Page 36524]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
8194.

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 1986, Commerce published the antidumping duty order 
on candles from China.\1\ On March 31, 2021, Commerce published the 
notice of initiation of the five-year sunset review of the Order, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ On April 2, 2021, Commerce received a notice of intent to 
participate in this sunset review from the National Candle Association 
(the petitioner) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The petitioner claimed interested party status 
under section 771(9)(C) of the Act as the petitioner in the less-than-
fair-value investigation whose members are manufacturers, producers, or 
wholesalers of the domestic like product. On April 29, 2021, the 
petitioner provided a complete substantive response for this review 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We 
received no substantive responses from any other interested parties, 
nor was a hearing requested. On May 21, 2021, Commerce notified the 
U.S. International Trade Commission that it did not receive an adequate 
substantive response from respondent interested parties.\5\ As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of this Order.
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    \1\ See Antidumping Duty Order: Petroleum Wax Candles from the 
People's Republic of China, 51 FR 30686 (August 28, 1986) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 
(March 31, 2021).
    \3\ See Petitioner's Letter, ``Notice of Intent to 
Participate,'' dated April 2, 2021.
    \4\ See Petitioner's Letter, ``Substantive Response,'' dated 
April 29, 2021.
    \5\ See Commerce's Letter, ``Sunset Reviews for April 2021,'' 
dated May 21, 2021.
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Scope of the Order

    The products covered by the Order include certain scented or 
unscented petroleum wax candles made from petroleum wax and having 
fiber or paper-cored wicks. For a full description of the scope, see 
the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fifth Sunset Review of the 
Countervailing Duty Order on Petroleum Wax Candles from the People's 
Republic of China,'' dated concurrently with, and herby adopted by, 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
candles from China would likely lead to continuation or recurrence of 
dumping and that the magnitude of the margin of dumping likely to 
prevail would be weighted-average margins up to 104.33 percent.\7\
---------------------------------------------------------------------------

    \7\ Id. at 8.
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Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: July 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-14710 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-DS-P