Certain Activated Carbon From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 50050-50052 [2021-19369]
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50050
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
appropriate entries covered by this
review. For entries of subject
merchandise during the POR produced
by each respondent for which it did not
know its merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.18 Where either the
individually-selected respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rates for Non-Examined
Companies’’ section. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review where applicable.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
sradovich on DSKJLST7X2PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review, except if the rate is de minimis
within the meaning of 19 CFR
351.106(c)(1) (i.e., less than 0.50
percent), in which case the cash deposit
rate will be zero; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment; (3) if
the exporter is not a firm covered in this
18 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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review, a prior review, or the original
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 8.91
percent, the all-others rate established
in the less-than-fair-value
investigation.19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Not Selected for Individual
Examination
Adinath International
Aditya Forge Limited
Allena Group
Alloyed Steel
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Private Limited
C.D. Industries
CHW Forge
CHW Forge Pvt. Ltd
Citizen Metal Depot
Corum Flange
DN Forge Industries
Echjay Forgings Limited
Falcon Valves and Flanges Private Limited
Heubach International
Hindon Forge Pvt. Ltd.
Jai Auto Pvt. Ltd.
19 See
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Order, 82 FR at 40138.
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Kinnari Steel Corporation
Mascot Metal Manufacturers
M F Rings and Bearing Races Ltd.
Munish Forge Private Limited
OM Exports
Punjab Steel Works
Raaj Sagar Steels
Ravi Ratan Metal Industries
R. D. Forge
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Engineering Components and
Flanges
Rollwell Forge Pvt. Ltd.
SHM (ShinHeung Machinery)
Siddhagiri Metal & Tubes
Sizer India
Steel Shape India
Sudhir Forgings Pvt. Ltd.
Tirupati Forge Pvt. Ltd.
Umashanker Khandelwal Forging Limited
[FR Doc. 2021–19256 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on certain
activated carbon (activated carbon) from
the People’s Republic of China (China).
Further, Commerce preliminarily
determines that Jacobi Carbons AB
(Jacobi AB) and its affiliates, Tianjin
Jacobi International Trading Co. Ltd.
(Tianjin Jacobi) and Jacobi Carbons
Industry (Tianjin) Co. Ltd. (JCC)
(collectively, Jacobi), should be
collapsed with its new wholly-owned
Chinese affiliate, Jacobi Adsorbent
Materials (JAM), and the single entity,
inclusive of JAM, should be assigned
the same AD cash deposit rate assigned
to Jacobi for purposes of determining
AD liability in this proceeding.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Josh
Simonidis or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0608 or (202) 482–0339,
respectively.
AGENCY:
07SEN1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce
published in the Federal Register an AD
order on activated carbon from China.1
In the original investigation, we selected
Jacobi AB as a mandatory respondent
which qualified for a separate rate.2 In
the third administrative review,
Commerce determined that Jacobi AB
and its two Chinese subsidiaries, JCC
and Tianjin Jacobi, should be treated as
a single entity (collectively, Jacobi) and
assigned a single cash deposit rate.3 In
the most recently completed
administrative review covering the
period April 1, 2018, through March 31,
2019, we assigned Jacobi a separate rate,
as a non-individually examined
exporter under review.4
On July 26, 2021, Jacobi requested
that Commerce conduct a CCR of the
Order to confirm that Jacobi AB and its
two affiliated firms, Tianjin Jacobi and
JCC, with the addition of its new
wholly-owned subsidiary, JAM, is the
successor-in-interest to Jacobi.5 Given
the circumstances and evidence
submitted by Jacobi, Commerce finds it
more appropriate to instead evaluate
Jacobi’s CCR request through a
collapsing analysis. No interested
parties filed comments opposing the
CCR request.
Scope of the Order
The merchandise covered by the
scope of this Order is activated carbon.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.6
Methodology
sradovich on DSKJLST7X2PROD with NOTICES
We are conducting this CCR in
accordance with section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act).
1 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
2 Id.
3 See Certain Activated Carbon from the People’s
Republic of China: Final Results and Partial
Rescission of the Third Antidumping Duty
Administrative Review, 76 FR 67142 (October 31,
2011).
4 See Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, Final Determination of
No Shipments, and Final Rescission of
Administrative Review, in Part; 2018–2019, 86 FR
10539 (February 22, 2021).
5 See Jacobi’s Letter, ‘‘Jacobi’s Request for
Changed Circumstances Review,’’ dated July 26,
2021.
6 See Memorandum, ‘‘Decision Memorandum for
the Initiation and Preliminary Results of the
Changed Circumstances Review of the
Antidumping Duty Order on Certain Activated
Carbon from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b)(1) of the
Act, and 19 CFR 351.216, Commerce
will conduct a CCR upon receipt of
information concerning, or a request
from an interested party for a review of,
an AD order which shows changed
circumstances sufficient to warrant a
review of the order. The information
submitted by Jacobi supports its claim
that JAM should be treated as part of the
Jacobi entity and demonstrates changed
circumstances sufficient to warrant such
a review.7 Therefore, in accordance with
751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR
based on the information contained in
the CCR request.
Pursuant to 19 CFR 351.221(c)(3)(ii),
Commerce can combine the notice of
initiation of a CCR and the notice of the
preliminary results of a CCR into a
single notice if Commerce concludes
that expedited action is warranted. In
this instance, because the record
contains the information necessary to
make a preliminary finding, we find that
expedited action is warranted and have
combined the notice of initiation and
the notice of preliminary results.8
We preliminarily determine that
Jacobi and JAM are affiliated and should
be collapsed as a single entity.
Specifically, we find that JAM is
directly controlled by Jacobi, thereby
meeting the affiliation criteria, in
accordance with sections 771(33)(E) and
(F) of the Act. In addition, we
preliminarily find that the criteria of 19
CFR 351.401(f) are met and, thus, Jacobi
and JAM should be treated as a single
entity. A list of topics discussed in the
Preliminary Decision Memorandum
appears in the Appendix to this notice.
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by JAM
the AD cash deposit rate applicable to
Jacobi (i.e., $0.65/kg). Commerce will
issue its final results of the review in
accordance with the time limits set forth
in 19 CFR 351.216(e).
7 See
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii); see also, e.g.,
Notice of Initiation and Preliminary Results of
Changed Circumstances Reviews: Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China, 85 FR 5193 (January 29, 2020),
unchanged in Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
8 See
PO 00000
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50051
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice.9 In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.10 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
case briefs, in accordance with 19 CFR
351.309(d).11 Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12 All comments are to be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
available to registered users at https://
access.trade.gov, and must also be
served on interested parties. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the day it is due.13 Note that Commerce
has temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.14
Consistent with 19 CFR 351.216(e),
Commerce will issue the final results of
this CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days of publication of these
preliminary results, if all parties agree to
our preliminary finding.
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b)
and 351.221(c)(3)(ii).
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
9 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
10 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006, 17007 (March 26, 2020).
12 See 19 CFR 351.309(c)(2).
13 See 19 CFR 351.303(b).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
07SEN1
50052
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Changed Circumstances Review
V. Methodology
A. Affiliation
B. Collapsing
VI. Recommendation
August 31, 2021, in accordance with 19
CFR 351.213(h)(2).4
Scope of the Order
The merchandise subject to the Order
are ripe olives. For a complete
description of the scope of this Order,
see the Preliminary Decision
Memorandum.5
[FR Doc. 2021–19369 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–817]
Ripe Olives From Spain: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
producers or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
August 1, 2019, through July 31, 2020.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller or Christopher Williams,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–4849 or
(202) 482–5166, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
On August 1, 2018, Commerce
published in the Federal Register the
antidumping duty order on ripe olives
from Spain.1 On October 6, 2020,
Commerce initiated the administrative
review of the Order for the period of
August 1, 2019, to July 31, 2020.2 On
November 23, 2020, Commerce selected
Angel Camacho Alimentacion, S.L.
(Angel Camacho) and Agro Sevilla
Aceitunas S.Coop. Andalusia (Agro
Sevilla) as the mandatory respondents
in the administrative review.3 On April
5, 2021, Commerce extended the
deadline for issuance of the preliminary
results of this review by 120 days, until
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
1 See Ripe Olives from Spain: Antidumping Duty
Order, 83 FR 37465 (August 1, 2018) (Order); see
also Ripe Olives from Spain: Notice of Correction
to Antidumping Duty Order, 83 FR 39691 (August
10, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
3 See Memorandum, ‘‘Ripe Olives from Spain:
Respondent Selection,’’ dated November 23, 2020.
4 See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020,’’ dated April 5, 2021.
5 See Memorandum, ‘‘Ripe Olives from Spain:
Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
Background
sradovich on DSKJLST7X2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export price and constructed
export price are calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/
index.html. A list of the topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice.
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00:30 Sep 04, 2021
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zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this review,
we preliminarily calculated weightedaverage dumping margins for the two
mandatory respondents, Angel Camacho
and Agro Sevilla, that are not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly,
Commerce preliminarily assigned to the
companies not individually examined,
listed in the chart below, a margin of
2.75 percent which is the weighted
average of Angel Camacho’s and Agro
Sevilla’s calculated weighted-average
margins.6
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period August 1,
2019, through July 31, 2020:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Agro Sevilla Aceitunas S.COOP
Andalusia ................................
Angel Camacho Alimentacion
S.L ...........................................
1.48
4.31
Review-Specific Weighted-Average
Rate Applicable to the Following
Companies:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Aceitunas Guadalquivir, S.L .......
Alimentary Group Dcoop S.
Coop. And ...............................
Internacional Olivarera, S.A .......
2.75
2.75
2.75
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.7 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
6 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Ripe Olives
from Spain: Calculation of the Preliminary Margin
for Respondents Not Selected for Individual
Examination,’’ dated concurrently with this notice.
As the weighting factor, we relied on the publicly
ranged sales data reported in the quantity and value
charts submitted by Angel Camacho and Agro
Sevilla.
7 See 19 CFR 351.224(b).
07SEN1
]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50050-50052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19369]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain activated carbon (activated carbon) from the People's Republic
of China (China). Further, Commerce preliminarily determines that
Jacobi Carbons AB (Jacobi AB) and its affiliates, Tianjin Jacobi
International Trading Co. Ltd. (Tianjin Jacobi) and Jacobi Carbons
Industry (Tianjin) Co. Ltd. (JCC) (collectively, Jacobi), should be
collapsed with its new wholly-owned Chinese affiliate, Jacobi Adsorbent
Materials (JAM), and the single entity, inclusive of JAM, should be
assigned the same AD cash deposit rate assigned to Jacobi for purposes
of determining AD liability in this proceeding. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Josh Simonidis or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0608 or (202) 482-0339,
respectively.
[[Page 50051]]
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2007, Commerce published in the Federal Register an AD
order on activated carbon from China.\1\ In the original investigation,
we selected Jacobi AB as a mandatory respondent which qualified for a
separate rate.\2\ In the third administrative review, Commerce
determined that Jacobi AB and its two Chinese subsidiaries, JCC and
Tianjin Jacobi, should be treated as a single entity (collectively,
Jacobi) and assigned a single cash deposit rate.\3\ In the most
recently completed administrative review covering the period April 1,
2018, through March 31, 2019, we assigned Jacobi a separate rate, as a
non-individually examined exporter under review.\4\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
\2\ Id.
\3\ See Certain Activated Carbon from the People's Republic of
China: Final Results and Partial Rescission of the Third Antidumping
Duty Administrative Review, 76 FR 67142 (October 31, 2011).
\4\ See Certain Activated Carbon from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Rescission of
Administrative Review, in Part; 2018-2019, 86 FR 10539 (February 22,
2021).
---------------------------------------------------------------------------
On July 26, 2021, Jacobi requested that Commerce conduct a CCR of
the Order to confirm that Jacobi AB and its two affiliated firms,
Tianjin Jacobi and JCC, with the addition of its new wholly-owned
subsidiary, JAM, is the successor-in-interest to Jacobi.\5\ Given the
circumstances and evidence submitted by Jacobi, Commerce finds it more
appropriate to instead evaluate Jacobi's CCR request through a
collapsing analysis. No interested parties filed comments opposing the
CCR request.
---------------------------------------------------------------------------
\5\ See Jacobi's Letter, ``Jacobi's Request for Changed
Circumstances Review,'' dated July 26, 2021.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of this Order is activated
carbon. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of the Changed Circumstances Review of the
Antidumping Duty Order on Certain Activated Carbon from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
We are conducting this CCR in accordance with section 751(b)(1) of
the Tariff Act of 1930, as amended (the Act). For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR upon receipt of information concerning, or
a request from an interested party for a review of, an AD order which
shows changed circumstances sufficient to warrant a review of the
order. The information submitted by Jacobi supports its claim that JAM
should be treated as part of the Jacobi entity and demonstrates changed
circumstances sufficient to warrant such a review.\7\ Therefore, in
accordance with 751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are
initiating a CCR based on the information contained in the CCR request.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce can combine the
notice of initiation of a CCR and the notice of the preliminary results
of a CCR into a single notice if Commerce concludes that expedited
action is warranted. In this instance, because the record contains the
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of
Initiation and Preliminary Results of Changed Circumstances Reviews:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
---------------------------------------------------------------------------
We preliminarily determine that Jacobi and JAM are affiliated and
should be collapsed as a single entity. Specifically, we find that JAM
is directly controlled by Jacobi, thereby meeting the affiliation
criteria, in accordance with sections 771(33)(E) and (F) of the Act. In
addition, we preliminarily find that the criteria of 19 CFR 351.401(f)
are met and, thus, Jacobi and JAM should be treated as a single entity.
A list of topics discussed in the Preliminary Decision Memorandum
appears in the Appendix to this notice.
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by JAM the AD cash deposit rate
applicable to Jacobi (i.e., $0.65/kg). Commerce will issue its final
results of the review in accordance with the time limits set forth in
19 CFR 351.216(e).
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\9\ In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 14 days after the date of publication of this
notice.\10\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs, in
accordance with 19 CFR 351.309(d).\11\ Parties who submit case or
rebuttal briefs are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\12\ All comments are to be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) available to registered
users at https://access.trade.gov, and must also be served on
interested parties. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day it is due.\13\ Note that Commerce has temporarily modified certain
requirements for serving documents containing business proprietary
information, until further notice.\14\
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\9\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\10\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\12\ See 19 CFR 351.309(c)(2).
\13\ See 19 CFR 351.303(b).
\14\ See 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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Consistent with 19 CFR 351.216(e), Commerce will issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to our preliminary finding.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b) and 351.221(c)(3)(ii).
Dated: September 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
[[Page 50052]]
Changed Circumstances Review
V. Methodology
A. Affiliation
B. Collapsing
VI. Recommendation
[FR Doc. 2021-19369 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
