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]
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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.
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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).
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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:
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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).
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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 https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://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
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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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://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.
---------------------------------------------------------------------------
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