Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2019-2020, 50054-50056 [2021-19191]
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50054
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
and supplemental questionnaires. Nucor
Tubular Products, Inc. (Nucor), the
petitioner, commented on certain
responses. For details regarding the
events that occurred subsequent to the
initiation of the review, see the
Preliminary Decision Memorandum.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Preliminary Results of the
Antidumping Duty Administrative
Review; 2019–2020
Scope of the Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
Hangzhou Ailong Metal Products Co.,
Ltd. (Ailong) made sales of subject
merchandise at prices below normal
value (NV). The period of review (POR)
is August 1, 2019, through July 31, 2020.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
sradovich on DSKJLST7X2PROD with NOTICES
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On August 4, 2020,
Commerce notified interested parties of
the opportunity to request an
administrative review of orders,
findings, or suspended investigations
with anniversaries in August 2020,
including the antidumping duty (AD)
order on light-walled rectangular pipe
and tube (LWRPT) from the People’s
Republic of China (China).1 On October
6, 2020, Commerce published a notice
initiating an AD administrative review
of LWRPT from China covering one
company, Ailong, for the POR.2 On
April 15, 2021, Commerce extended the
deadline for the preliminary results of
this review by a total of 120 days, to
August 31, 2021.3
During the course of this review,
Ailong responded to Commerce’s initial
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 85 FR 47167
(August 4, 2020).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
3 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
April 15, 2021.
VerDate Sep<11>2014
00:30 Sep 04, 2021
Jkt 253001
The merchandise subject to this order
is certain welded carbon quality lightwalled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.4 For a full description of the
scope, see the Preliminary Decision
Memorandum.
Separate Rate Status
Based on the criteria established by
Sparklers 5 and Silicon Carbide,6
Commerce preliminarily determines
that the information placed on the
record by Ailong demonstrates an
absence of de jure and de facto
government control over its export
activities. Therefore, we have
preliminarily granted Ailong separate
rate status. For details regarding our
analysis, see the Preliminary Decision
Memorandum.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the weighted-average dumping
margin determined for the China-wide
entity (i.e., 255.07 percent) is not subject
to change as a result of this review.8 For
additional information, see the
Preliminary Decision Memorandum.
4 For a complete description of the scope of the
Order, see Light-Walled Rectangular Pipe and Tube
from the People’s Republic of China: Decision
Memorandum for the Preliminary Results of the
2019–2020 Antidumping Duty Administrative
Review (Preliminary Decision Memorandum) dated
concurrently with this notice.
5 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (Sparklers).
6 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (Silicon Carbide).
7 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).
8 See Order, 84 FR at 19036.
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
and constructed export prices in
accordance with section 772 of the Act.
Because China is a non-market economy
(NME) country within the meaning of
section 771(18) of the Act, we calculated
NV in accordance with section 773(c) of
the Act.
For a full description of the
methodology underlying the
preliminary results of review, see the
Preliminary Decision Memorandum,
which is hereby adopted by this notice.
The Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of sections in the Preliminary
Decision Memorandum is in the
appendix to this notice.
Preliminary Results of Review
We are assigning the following
weighted-average dumping margin to
the firm listed below for the period
August 1, 2019, through July 31, 2020:
Producers/exporters
Hangzhou Ailong Metal
Products Co., Ltd. (Ailong)
Weightedaverage
dumping
margin
(percent)
157.40
Disclosure and Public Comment
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review in the
Federal Register.9 Rebuttal briefs may
be filed with Commerce no later than
seven days after case briefs are due and
may respond only to arguments raised
in the case briefs.10 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
9 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
10 See
07SEN1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to Commerce. The
summary should be limited to five pages
total, including footnotes.12 Case and
rebuttal briefs should be filed using
ACCESS and must be served on
interested parties.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests for a hearing
should contain: (1) The requesting
party’s name, address, and telephone
number; (2) the number of individuals
associated with the requesting party that
will attend the hearing and whether any
of those individuals is a foreign
national; and (3) a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce will announce the date and
time of the hearing. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled hearing date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.14 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.15
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.16 Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
11 See
19 CFR 351.309(c)(2) and (d)(2).
sradovich on DSKJLST7X2PROD with NOTICES
12 Id.
13 See 19 CFR 351.303 (for general filing
requirements).
14 Id.; Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
15 Id.
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
00:30 Sep 04, 2021
Jkt 253001
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the amended final
results of review, Commerce will
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by the amended final
results of review.17 Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the amended final results
of this review in the Federal Register.
If a timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
We will calculate importer/customerspecific assessment rates equal to the
ratio of the total amount of dumping
calculated for examined sales to a
particular importer/customer to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).18
Where the respondent reported reliable
entered values, Commerce intends to
calculate importer/customer-specific ad
valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer/customer by the total entered
value of the merchandise sold to the
importer/customer.19 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer/customer by
the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.20
Where an importer/customer-specific ad
valorem assessment rate is not zero or
de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer/customer17 See
19 CFR 351.212(b)(1).
applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
19 See 19 CFR 351.212(b)(1).
20 Id.
18 We
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50055
specific ad valorem assessment rate is
zero or de minimis,21 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity.22 Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin assigned to the Chinawide entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of light-walled rectangular
pipe and tube from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) For
companies granted a separate rate in the
final results of this review, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the company (except, if the
rate de minimis, then a cash deposit rate
of zero will be required); (2) for
previously investigated or reviewed
China and non-China exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all China exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, which is 255.07
percent; and (4) for all non-China
exporters of subject merchandise that
21 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
22 See
07SEN1
50056
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interest Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213(h)(1).
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Extension of the Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2021–19191 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
sradovich on DSKJLST7X2PROD with NOTICES
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; NOAA Financial Assistance
Performance Progress Reports
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
VerDate Sep<11>2014
00:30 Sep 04, 2021
Jkt 253001
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on May 21,
2021 (86 FR 27561—0648–0718) and
June 8, 2021 (86 FR 30444—0648–0472)
during a 60-day comment period. This
notice allows for an additional 30 days
for public comments.
Agency: National Oceanic &
Atmospheric Administration,
Commerce.
Title: NOAA Financial Assistance
Performance Progress Reports.
OMB Control Number: 0648–0718.
Form Number(s): None.
Type of Request: Regular submission
[Revision of a currently approved
information collection].
Number of Respondents: 445.
Average Hours per Response:
Performance Progress Reports: MDP,
CRCP, RC Initial Report—10 hours each;
RC Semi-Annual PPR—5.5 hours; RC
Administrative Progress Reports:
Initial—6 hours; Semi-Annual—2.75
hours; and Final—5.5 hours.
Total Annual Burden Hours: 4,545.
Needs and Uses: This is a request for
revision and extension of a currently
approved information collection. The
revision requests approval to merge
OMB Control Number 0648–0472
(NOAA Community-based Restoration
Program Progress Reports) into 0648–
0718. Upon OMB approval, control
number 0648–0472 will be
discontinued. 0648–0718 is also being
revised to add a Performance Progress
Report for the Coral Reef Conservation
Program (CRCP) and revise the Marine
Data Program form to add an optional
marine debris removal data collection
page. The title of this information
collection will be changed from NOAA
Marine Debris Program Performance
Progress Report to NOAA Financial
Assistance Performance Progress
Reports to encompass all collections of
information under the control number.
This information collection assists the
National Oceanic and Atmospheric
Administration (NOAA) in the
administration and evaluation of
financial assistance awards made by the
Coral Reef Conservation Program
(CRCP), the NOAA Restoration Center
(NOAA RC), and NOAA Marine Debris
Program. Every year each of these
programs support a variety of initiatives
specific to their individual
authorizations and programmatic
mandates. This support is made
substantially through grants and
cooperative agreements, the terms and
conditions of which require regular
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progress reporting and communication
of project accomplishments to the
agency. This information collection
identifies what is to be provided in
these reports, and aims to assist
recipients in fulfilling their
responsibilities in meeting interim and
final progress report requirements. This
information is also necessary for NOAA
to effectively oversee the expenditure of
public funds awarded through these
programs, to ensure both costeffectiveness and programmatic goals
are met.
The NOAA RC provides technical and
financial assistance to identify, develop,
implement, and evaluate communitydriven habitat restoration projects.
Awards are made as grants or
cooperative agreements under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act of 2006, 16 U.S.C. 1891a and the
Fish and Wildlife Coordination Act, 16
U.S.C. 661, as amended by the
Reorganization Plan No. 4 of 1970.
The NOAA CRCP operates under
authorization from the Coral Reef
Conservation Act of 2000 (16 U.S.C.
6401 et seq.). This Act was enacted on
December 14, 2000, to preserve, sustain
and restore the condition of coral reef
ecosystems; to promote the wise
management and sustainable use of
coral reef ecosystems to benefit local
communities and the Nation; to develop
sound scientific information on the
condition of coral reef ecosystems and
the threats to such ecosystems; to assist
in the preservation of coral reefs by
supporting conservation programs,
including projects that involve affected
local communities and nongovernmental organizations; to provide
financial resources for those programs
and projects; and to establish a formal
mechanism for the collecting and
allocating of monetary donations from
the private sector to be used for coral
reef conservation projects.
The NOAA Marine Debris Program
(MDP) supports national and
international efforts to research,
prevent, and reduce the impacts of
marine debris. The MDP uses
partnerships with state and local
agencies, tribes, non-governmental
organizations, academia, and industry to
investigate and solve the problems that
stem from marine debris through
research, prevention, and reduction
activities, in order to protect and
conserve our nation’s marine
environment and coastal economies,
and to ensure navigation safety. In large
part, these partnerships are made
through grants, cooperative agreements,
contracts, MOUs or are simply informal
technical assistance arrangements. The
07SEN1
]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50054-50056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19191]
[[Page 50054]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of subject
merchandise at prices below normal value (NV). The period of review
(POR) is August 1, 2019, through July 31, 2020. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
August 4, 2020, Commerce notified interested parties of the opportunity
to request an administrative review of orders, findings, or suspended
investigations with anniversaries in August 2020, including the
antidumping duty (AD) order on light-walled rectangular pipe and tube
(LWRPT) from the People's Republic of China (China).\1\ On October 6,
2020, Commerce published a notice initiating an AD administrative
review of LWRPT from China covering one company, Ailong, for the
POR.\2\ On April 15, 2021, Commerce extended the deadline for the
preliminary results of this review by a total of 120 days, to August
31, 2021.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 85 FR 47167 (August 4, 2020).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated April 15, 2021.
---------------------------------------------------------------------------
During the course of this review, Ailong responded to Commerce's
initial and supplemental questionnaires. Nucor Tubular Products, Inc.
(Nucor), the petitioner, commented on certain responses. For details
regarding the events that occurred subsequent to the initiation of the
review, see the Preliminary Decision Memorandum.
Scope of the Order
The merchandise subject to this order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.\4\
For a full description of the scope, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the Order, see
Light-Walled Rectangular Pipe and Tube from the People's Republic of
China: Decision Memorandum for the Preliminary Results of the 2019-
2020 Antidumping Duty Administrative Review (Preliminary Decision
Memorandum) dated concurrently with this notice.
---------------------------------------------------------------------------
Separate Rate Status
Based on the criteria established by Sparklers \5\ and Silicon
Carbide,\6\ Commerce preliminarily determines that the information
placed on the record by Ailong demonstrates an absence of de jure and
de facto government control over its export activities. Therefore, we
have preliminarily granted Ailong separate rate status. For details
regarding our analysis, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (Sparklers).
\6\ See Notice of Final Determination of Sales at Less Than Fair
Value: Silicon Carbide from the People's Republic of China, 59 FR
22585 (May 2, 1994) (Silicon Carbide).
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the weighted-average dumping margin
determined for the China-wide entity (i.e., 255.07 percent) is not
subject to change as a result of this review.\8\ For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ 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).
\8\ See Order, 84 FR at 19036.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is a non-market economy (NME) country within the meaning of section
771(18) of the Act, we calculated NV in accordance with section 773(c)
of the Act.
For a full description of the methodology underlying the
preliminary results of review, see the Preliminary Decision Memorandum,
which is hereby adopted by this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. A list of sections in the
Preliminary Decision Memorandum is in the appendix to this notice.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period August 1, 2019, through July 31,
2020:
------------------------------------------------------------------------
Weighted-
average dumping
Producers/exporters margin
(percent)
------------------------------------------------------------------------
Hangzhou Ailong Metal Products Co., Ltd. (Ailong)...... 157.40
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of these preliminary results of review in the Federal
Register.\9\ Rebuttal briefs may be filed with Commerce no later than
seven days after case briefs are due and may respond only to arguments
raised in the case briefs.\10\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of
[[Page 50055]]
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\11\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\12\ Case and rebuttal briefs should be filed using ACCESS
and must be served on interested parties.\13\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ Id.
\13\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) The requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the party intends to discuss at the hearing. Oral arguments at
the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce will announce the date and time
of the hearing. Parties should confirm by telephone the date and time
of the hearing two days before the scheduled hearing date.
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\14\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\15\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\16\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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\14\ Id.; Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\15\ Id.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Assessment Rates
Upon issuance of the amended final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by the amended
final results of review.\17\ Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the amended final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\17\ See 19 CFR 351.212(b)(1).
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We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\18\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\19\ Where the respondent did
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\20\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis,\21\ Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\18\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\22\ Additionally, where Commerce determines
that an exporter under review had no shipments of subject merchandise
to the United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin assigned to the China-
wide entity.
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of light-walled rectangular pipe and tube from China entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the notice of the final results of this administrative
review in the Federal Register, as provided for by section 751(a)(2)(C)
of the Act: (1) For companies granted a separate rate in the final
results of this review, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review for the company (except, if the rate de minimis, then a
cash deposit rate of zero will be required); (2) for previously
investigated or reviewed China and non-China exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (3) for all China exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be the rate for the China-wide entity, which is 255.07
percent; and (4) for all non-China exporters of subject merchandise
that
[[Page 50056]]
have not received their own rate, the cash deposit rate will be the
rate applicable to China exporter(s) that supplied that non-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interest Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(l) and 777(i)(l) of the
Act and 19 CFR 351.213(h)(1).
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Extension of the Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2021-19191 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
