Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 49311-49314 [2021-18971]

Download as PDF Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices Upcoming Sunset Reviews for October 2021 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in October 2021 and will appear in that month’s Notice of Initiation of Five-Year (Sunset) Reviews (Sunset Review). Department contact business proprietary information, until further notice.1 This notice is not required by statute but is published as a service to the international trading community. Dated: August 16, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–18923 Filed 9–1–21; 8:45 am] BILLING CODE 3510–DS–P Antidumping Duty Proceedings Welded Stainless Pressure Pipe from India, A–533–867 (1st Review). Chlorinated Isocyanurates from China, A–570–898 (3rd Review). Chlorinated Isocyanurates from Spain, A–469–814 (3rd Review). Mary Kolberg, (202) 482– 1785. Jacky Arrowsmith, (202) 482–5255. Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482– 1785. lotter on DSK11XQN23PROD with NOTICES1 Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in October 2021. Commerce’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Reviews provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: FOR FURTHER INFORMATION CONTACT: Countervailing Duty Proceeding Welded Stainless Pressure Pipe from India, C–533–868 (1st Review). DEPARTMENT OF COMMERCE Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below. Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 49311 imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce finds that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: (a) Identify which companies subject to review previously were collapsed; and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding E:\FR\FM\02SEN1.SGM 02SEN1 49312 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial Section D responses. Opportunity To Request a Review: Not later than the last day of September 2021,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in September for the following periods: lotter on DSK11XQN23PROD with NOTICES1 Period Antidumping Duty Proceedings Belarus: Steel Concrete Reinforcing Bars, A–822–804 ................................................................................................................ Brazil: Cold-Rolled Steel Flat Products, A–351–843 .................................................................................................................... Brazil: Emulsion Styrene-Butadiene Rubber, A–351–849 ............................................................................................................ India: Cold-Rolled Steel Flat Products, A–533–865 ...................................................................................................................... India: Lined Paper Products, A–533–843 ..................................................................................................................................... India: Oil Country Tubular Goods, A–533–857 ............................................................................................................................. Indonesia: Steel Concrete Reinforcing Bars, A–560–811 ............................................................................................................. Japan: Stainless Steel Wire Rod, A–588–843 .............................................................................................................................. Latvia: Stainless Concrete Reinforcing Bars, A–449–804 ............................................................................................................ Mexico: Emulsion Styrene-Butadiene Rubber, A–201–848 .......................................................................................................... Mexico: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–201–847 ......................................................... Mexico: Magnesia Carbon Bricks, A–201–837 ............................................................................................................................. Moldova: Steel Concrete Reinforcing Bars, A–841–804 ............................................................................................................... Poland: Emulsion Styrene-Butadiene Rubber, A–455–805 .......................................................................................................... Poland: Steel Concrete Reinforcing Bars, A–455–803 ................................................................................................................. Republic of Korea: Cold-Rolled Steel Flat Products, A–580–881 ................................................................................................ Republic of Korea: Emulsion Styrene-Butadiene Rubber, A–580–890 ........................................................................................ Republic of Korea: Heavy Walled Rectangular Welded Carbon Pipes and Tubes, A–580–880 ................................................. Republic of Korea: Oil Country Tubular Goods, A–580–870 ........................................................................................................ Republic of Korea: Polyethylene Terephthalate (PET) Sheet, A–580–903 .................................................................................. Republic of Korea: Stainless Steel Wire Rod, A–580–829 ........................................................................................................... Socialist Republic of Vietnam: Oil Country Tubular Goods, A–552–817 ...................................................................................... Sultanate of Oman: Polyethylene Terephthalate (PET) Sheet, A–523–813 ................................................................................. Taiwan: Forged Steel Fittings, A–583–863 ................................................................................................................................... Taiwan: Narrow Woven Ribbons With Woven Selvedge, A–583–844 ......................................................................................... Taiwan: Raw Flexible Magnets, A–583–842 ................................................................................................................................. Taiwan: Stainless Steel Wire Rod, A–583–828 ............................................................................................................................ The People’s Republic of China: Certain Kitchen Appliance Shelving and Racks, A–570–941 .................................................. The People’s Republic of China: Certain Magnesia Carbon Bricks, A–570–954 ......................................................................... The People’s Republic of China: Certain Steel Wheels 12 to 16.5 Inches in Diameter, A–570–090 .......................................... The People’s Republic of China: Foundry Coke Products, A–570–862 ....................................................................................... The People’s Republic of China: Lined Paper Products, A–570–901 .......................................................................................... The People’s Republic of China: Narrow Woven Ribbons With Woven Selvedge, A–570–952 .................................................. The People’s Republic of China: Raw Flexible Magnets, A–570–922 ......................................................................................... The People’s Republic of China: Steel Concrete Reinforcing Bars, A–570–860 ......................................................................... The People’s Republic of China: Steel Racks, A–570–088 .......................................................................................................... Turkey: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–489–824 .......................................................... Turkey: Oil Country Tubular Goods, A–489–816 .......................................................................................................................... Ukraine: Steel Concrete Reinforcing Bars, A–823–809 ................................................................................................................ United Kingdom: Cold-Rolled Steel Flat Products, A–412–824 .................................................................................................... Countervailing Duty Proceedings Brazil: Cold-Rolled Steel Flat Products, C–351–844 .................................................................................................................... India: Cold-Rolled Steel Flat Products, C–533–866 ..................................................................................................................... 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/19–8/31/20 3/3/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 3/3/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 9/1/20–8/31/21 1/1/20–12/31/20 1/1/20–12/31/20 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 49313 Period lotter on DSK11XQN23PROD with NOTICES1 India: Lined Paper Products, C–533–844 ..................................................................................................................................... India: Oil Country Tubular Goods, C–533–858 ............................................................................................................................. Republic of Korea: Cold-Rolled Steel Flat Products, C–580–882 ................................................................................................ The People’s Republic of China: Certain Steel Wheels 12 to 16.5 Inches in Diameter, C–570–091 ......................................... The People’s Republic of China: Kitchen Appliance Shelving and Racks, C–570–942 .............................................................. The People’s Republic of China: Magnesia Carbon Bricks, C–570–955 ..................................................................................... The People’s Republic of China: Narrow Woven Ribbons With Woven Selvedge, C–570–953 ................................................. The People’s Republic of China: Raw Flexible Magnets, C–570–923 ......................................................................................... The People’s Republic of China: Steel Racks, C–570–089 ......................................................................................................... Turkey: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, C–489–825 .......................................................... Turkey: Oil Country Tubular Goods, C–489–817 .......................................................................................................................... Suspension Agreements Fresh Tomatoes, A–201–820 ........................................................................................................................................................ In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review 3 See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/. 4 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 5 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20 –12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 1/1/20–12/31/20 9/1/20–8/31/21 when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of September 2021. If Commerce does not receive, by the last day of September 2021, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). E:\FR\FM\02SEN1.SGM 02SEN1 49314 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. for the South Atlantic region and the model is being parameterized to describe the potential ecological impact of changing Red Snapper recruitment. Modelers will present their ecosystem model to the workgroup to gather feedback and describe assumptions. Participants include ecosystem modelers, stock assessment scientists, biologists, and researchers. The product from the workgroup meeting will be a report to the Council. Dated: August 24, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Special Accommodations [FR Doc. 2021–18971 Filed 9–1–21; 8:45 am] BILLING CODE 3510–DS–P These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 5 days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 1801 et seq. National Oceanic and Atmospheric Administration [RTID 0648–XB375] Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. Dated: August 30, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–18978 Filed 9–1–21; 8:45 am] BILLING CODE 3510–22–P AGENCY: The South Atlantic Fishery Management Council (Council) will host a workgroup meeting via webinar to develop an ecosystem model to describe the ecological effects of increased Red Snapper recruitment. DATES: The webinar meeting will be held September 21–23, 2021, from 12:30 p.m. until 5 p.m. each day. ADDRESSES: Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Information, including a link to webinar registration will be posted on the Council’s website at: https://safmc.net/safmc-meetings/ other-meetings/ as it becomes available. Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, SAFMC; phone: (843) 302–8439 or toll free: (866) SAFMC–10; fax: (843) 769– 4520; email: kim.iverson@safmc.net. SUPPLEMENTARY INFORMATION: The Council will host a workgroup meeting to develop an ecosystem model to describe the ecological effects of increased Red Snapper recruitment. An ecosystem model has been developed lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB381] Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s Protected Resources Committee will hold a public meeting via webinar. DATES: The meeting will be held on Monday, September 20, 2021, from 1 p.m. to 3:30 p.m. See SUPPLEMENTARY INFORMATION for agenda details. ADDRESSES: The meeting will be held via webinar. Details on the agenda, webinar listen-in access, and briefing materials will be posted at the MAFMC’s website: https:// www.mafmc.org/council-events. Council address: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; www.mafmc.org. SUMMARY: FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council’s Protected Resources Committee will meet to review scoping materials for phase two of the Atlantic Large Whale Take Reduction Plan which focuses on reducing the risk of entanglement to right, humpback, and fin whales in U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-Atlantic lobster and Jonah crab trap/pot fisheries. The measures that will be developed in phase two of this plan have the potential to impact several Council managed fisheries and the Protected Resources Committee will develop recommendations for Council engagement in the scoping process, which extends to October 21, 2021. The Council will consider these recommendations at their October meeting. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shelley Spedden at the Mid-Atlantic Council Office, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: August 30, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–19011 Filed 9–1–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB332] Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR webinar III for SEDAR Procedural Workshop 8: Fishery Independent Index Development under changing survey design. AGENCY: The SEDAR Procedural Workshop 8 for Fishery Independent Index Development will consist of a series of webinars and an in-person workshop. See SUPPLEMENTARY INFORMATION. SUMMARY: E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49311-49314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18971]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review

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


FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD 
Operations, Customs Liaison Unit, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-
4735.

SUPPLEMENTARY INFORMATION:

Background

    Each year during the anniversary month of the publication of an 
antidumping or countervailing duty order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Tariff Act of 1930, as amended (the Act), may request, in accordance 
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct 
an administrative review of that antidumping or countervailing duty 
order, finding, or suspended investigation.
    All deadlines for the submission of comments or actions by Commerce 
discussed below refer to the number of calendar days from the 
applicable starting date.

Respondent Selection

    In the event Commerce limits the number of respondents for 
individual examination for administrative reviews initiated pursuant to 
requests made for the orders identified below.
    Commerce intends to select respondents based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports during the period of 
review. We intend to release the CBP data under Administrative 
Protective Order (APO) to all parties having an APO within five days of 
publication of the initiation notice and to make our decision regarding 
respondent selection within 35 days of publication of the initiation 
Federal Register notice. Therefore, we encourage all parties interested 
in commenting on respondent selection to submit their APO applications 
on the date of publication of the initiation notice, or as soon 
thereafter as possible. Commerce invites comments regarding the CBP 
data and respondent selection within five days of placement of the CBP 
data on the record of the review.
    In the event Commerce decides it is necessary to limit individual 
examination of respondents and conduct respondent selection under 
section 777A(c)(2) of the Act:
    In general, Commerce finds that determinations concerning whether 
particular companies should be ``collapsed'' (i.e., treated as a single 
entity for purposes of calculating antidumping duty rates) require a 
substantial amount of detailed information and analysis, which often 
require follow-up questions and analysis. Accordingly, Commerce will 
not conduct collapsing analyses at the respondent selection phase of a 
review and will not collapse companies at the respondent selection 
phase unless there has been a determination to collapse certain 
companies in a previous segment of this antidumping proceeding (i.e., 
investigation, administrative review, new shipper review or changed 
circumstances review). For any company subject to a review, if Commerce 
determined, or continued to treat, that company as collapsed with 
others, Commerce will assume that such companies continue to operate in 
the same manner and will collapse them for respondent selection 
purposes. Otherwise, Commerce will not collapse companies for purposes 
of respondent selection. Parties are requested to: (a) Identify which 
companies subject to review previously were collapsed; and (b) provide 
a citation to the proceeding in which they were collapsed. Further, if 
companies are requested to complete a Quantity and Value Questionnaire 
for purposes of respondent selection, in general each company must 
report volume and value data separately for itself. Parties should not 
include data for any other party, even if they believe they should be 
treated as a single entity with that other party. If a company was 
collapsed with another company or companies in the most recently 
completed segment of a proceeding

[[Page 49312]]

where Commerce considered collapsing that entity, complete quantity and 
value data for that collapsed entity must be submitted.

Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that requests a review 
may withdraw that request within 90 days of the date of publication of 
the notice of initiation of the requested review. The regulation 
provides that Commerce may extend this time if it is reasonable to do 
so. Determinations by Commerce to extend the 90-day deadline will be 
made on a case-by-case basis.

Deadline for Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of constructed value under section 773(e) of the Act.\1\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
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    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of initial Section D 
responses.
    Opportunity To Request a Review: Not later than the last day of 
September 2021,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in September for the following periods:
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    \2\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when Commerce is closed.

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                                                             Period
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             Antidumping Duty Proceedings
 
Belarus: Steel Concrete Reinforcing Bars, A-822-804..     9/1/20-8/31/21
Brazil: Cold-Rolled Steel Flat Products, A-351-843...     9/1/20-8/31/21
Brazil: Emulsion Styrene-Butadiene Rubber, A-351-849.     9/1/20-8/31/21
India: Cold-Rolled Steel Flat Products, A-533-865....     9/1/20-8/31/21
India: Lined Paper Products, A-533-843...............     9/1/20-8/31/21
India: Oil Country Tubular Goods, A-533-857..........     9/1/20-8/31/21
Indonesia: Steel Concrete Reinforcing Bars, A-560-811     9/1/20-8/31/21
Japan: Stainless Steel Wire Rod, A-588-843...........     9/1/20-8/31/21
Latvia: Stainless Concrete Reinforcing Bars, A-449-       9/1/20-8/31/21
 804.................................................
Mexico: Emulsion Styrene-Butadiene Rubber, A-201-848.     9/1/20-8/31/21
Mexico: Heavy Walled Rectangular Welded Carbon Steel      9/1/20-8/31/21
 Pipes and Tubes, A-201-847..........................
Mexico: Magnesia Carbon Bricks, A-201-837............     9/1/20-8/31/21
Moldova: Steel Concrete Reinforcing Bars, A-841-804..     9/1/20-8/31/21
Poland: Emulsion Styrene-Butadiene Rubber, A-455-805.     9/1/20-8/31/21
Poland: Steel Concrete Reinforcing Bars, A-455-803...     9/1/20-8/31/21
Republic of Korea: Cold-Rolled Steel Flat Products, A-    9/1/20-8/31/21
 580-881.............................................
Republic of Korea: Emulsion Styrene-Butadiene Rubber,     9/1/20-8/31/21
 A-580-890...........................................
Republic of Korea: Heavy Walled Rectangular Welded        9/1/20-8/31/21
 Carbon Pipes and Tubes, A-580-880...................
Republic of Korea: Oil Country Tubular Goods, A-580-      9/1/19-8/31/20
 870.................................................
Republic of Korea: Polyethylene Terephthalate (PET)       3/3/20-8/31/21
 Sheet, A-580-903....................................
Republic of Korea: Stainless Steel Wire Rod, A-580-       9/1/20-8/31/21
 829.................................................
Socialist Republic of Vietnam: Oil Country Tubular        9/1/20-8/31/21
 Goods, A-552-817....................................
Sultanate of Oman: Polyethylene Terephthalate (PET)       3/3/20-8/31/21
 Sheet, A-523-813....................................
Taiwan: Forged Steel Fittings, A-583-863.............     9/1/20-8/31/21
Taiwan: Narrow Woven Ribbons With Woven Selvedge, A-      9/1/20-8/31/21
 583-844.............................................
Taiwan: Raw Flexible Magnets, A-583-842..............     9/1/20-8/31/21
Taiwan: Stainless Steel Wire Rod, A-583-828..........     9/1/20-8/31/21
The People's Republic of China: Certain Kitchen           9/1/20-8/31/21
 Appliance Shelving and Racks, A-570-941.............
The People's Republic of China: Certain Magnesia          9/1/20-8/31/21
 Carbon Bricks, A-570-954............................
The People's Republic of China: Certain Steel Wheels      9/1/20-8/31/21
 12 to 16.5 Inches in Diameter, A-570-090............
The People's Republic of China: Foundry Coke              9/1/20-8/31/21
 Products, A-570-862.................................
The People's Republic of China: Lined Paper Products,     9/1/20-8/31/21
 A-570-901...........................................
The People's Republic of China: Narrow Woven Ribbons      9/1/20-8/31/21
 With Woven Selvedge, A-570-952......................
The People's Republic of China: Raw Flexible Magnets,     9/1/20-8/31/21
 A-570-922...........................................
The People's Republic of China: Steel Concrete            9/1/20-8/31/21
 Reinforcing Bars, A-570-860.........................
The People's Republic of China: Steel Racks, A-570-       9/1/20-8/31/21
 088.................................................
Turkey: Heavy Walled Rectangular Welded Carbon Steel      9/1/20-8/31/21
 Pipes and Tubes, A-489-824..........................
Turkey: Oil Country Tubular Goods, A-489-816.........     9/1/20-8/31/21
Ukraine: Steel Concrete Reinforcing Bars, A-823-809..     9/1/20-8/31/21
United Kingdom: Cold-Rolled Steel Flat Products, A-       9/1/20-8/31/21
 412-824.............................................
 
           Countervailing Duty Proceedings
 
Brazil: Cold-Rolled Steel Flat Products, C-351-844...    1/1/20-12/31/20
India: Cold-Rolled Steel Flat Products, C-533-866....    1/1/20-12/31/20

[[Page 49313]]

 
India: Lined Paper Products, C-533-844...............    1/1/20-12/31/20
India: Oil Country Tubular Goods, C-533-858..........    1/1/20-12/31/20
Republic of Korea: Cold-Rolled Steel Flat Products, C-   1/1/20-12/31/20
 580-882.............................................
The People's Republic of China: Certain Steel Wheels    1/1/20 -12/31/20
 12 to 16.5 Inches in Diameter, C-570-091............
The People's Republic of China: Kitchen Appliance        1/1/20-12/31/20
 Shelving and Racks, C-570-942.......................
The People's Republic of China: Magnesia Carbon          1/1/20-12/31/20
 Bricks, C-570-955...................................
The People's Republic of China: Narrow Woven Ribbons     1/1/20-12/31/20
 With Woven Selvedge, C-570-953......................
The People's Republic of China: Raw Flexible Magnets,    1/1/20-12/31/20
 C-570-923...........................................
The People's Republic of China: Steel Racks, C-570-      1/1/20-12/31/20
 089.................................................
Turkey: Heavy Walled Rectangular Welded Carbon Steel     1/1/20-12/31/20
 Pipes and Tubes, C-489-825..........................
Turkey: Oil Country Tubular Goods, C-489-817.........    1/1/20-12/31/20
 
                Suspension Agreements
 
Fresh Tomatoes, A-201-820............................     9/1/20-8/31/21
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    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. If the interested party intends for the 
Secretary to review sales of merchandise by an exporter (or a producer 
if that producer also exports merchandise from other suppliers) which 
was produced in more than one country of origin and each country of 
origin is subject to a separate order, then the interested party must 
state specifically, on an order-by-order basis, which exporter(s) the 
request is intended to cover.
    Note that, for any party Commerce was unable to locate in prior 
segments, Commerce will not accept a request for an administrative 
review of that party absent new information as to the party's location. 
Moreover, if the interested party who files a request for review is 
unable to locate the producer or exporter for which it requested the 
review, the interested party must provide an explanation of the 
attempts it made to locate the producer or exporter at the same time it 
files its request for review, in order for the Secretary to determine 
if the interested party's attempts were reasonable, pursuant to 19 CFR 
351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice 
with respect to the collection of final antidumping duties on imports 
of merchandise where intermediate firms are involved. The public should 
be aware of this clarification in determining whether to request an 
administrative review of merchandise subject to antidumping findings 
and orders.\3\
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    \3\ See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/.
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    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
reviews.\4\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity.\5\ In administrative reviews of antidumping 
duty orders on merchandise from NME countries where a review of the NME 
entity has not been initiated, but where an individual exporter for 
which a review was initiated does not qualify for a separate rate, 
Commerce will issue a final decision indicating that the company in 
question is part of the NME entity. However, in that situation, because 
no review of the NME entity was conducted, the NME entity's entries 
were not subject to the review and the rate for the NME entity is not 
subject to change as a result of that review (although the rate for the 
individual exporter may change as a function of the finding that the 
exporter is part of the NME entity). Following initiation of an 
antidumping administrative review when there is no review requested of 
the NME entity, Commerce will instruct CBP to liquidate entries for all 
exporters not named in the initiation notice, including those that were 
suspended at the NME entity rate.
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    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \5\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
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    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS website 
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\7\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
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    Commerce will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of September 2021. If Commerce does not receive, by the 
last day of September 2021, a request for review of entries covered by 
an order, finding, or suspended investigation listed in this notice and 
for the period identified above, Commerce will instruct CBP to assess 
antidumping or countervailing duties on those entries at a rate equal 
to the cash deposit of estimated antidumping or countervailing duties 
required on those entries at the time of entry, or withdrawal from 
warehouse, for consumption and to continue to collect the cash deposit 
previously ordered.

[[Page 49314]]

    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: August 24, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-18971 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P