Strontium Chromate From Austria: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 67435-67437 [2021-25782]
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67435
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
International Trade Administration
[A–433–813]
[S–179–2021]
Foreign-Trade Zone 49—Newark, New
Jersey, Application for Subzone,
Valbruna Stainless, Inc., Pompton
Lakes, New Jersey
jspears on DSK121TN23PROD with NOTICES1
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Port Authority of New York and
New Jersey, grantee of FTZ 49,
requesting subzone status for the facility
of Valbruna Stainless, Inc. (Valbruna),
located in Pompton Lakes, New Jersey.
The application was submitted pursuant
to the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on November 19, 2021.
The proposed subzone (8.08 acres) is
located at 1000 Cannonball Road,
Pompton Lakes, New Jersey. No
authorization for production activity has
been requested at this time. The
proposed subzone would be subject to
the existing activation limit of FTZ 49.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
January 5, 2022. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
January 20, 2022.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov.
Dated: November 19, 2021.
Camile R. Evans,
Acting Executive Secretary.
[FR Doc. 2021–25769 Filed 11–24–21; 8:45 am]
BILLING CODE 3510–DS–P
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Strontium Chromate From Austria:
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 determines
that strontium chromate from Austria
was not sold in the United States at less
than normal value (NV) during the
period of review (POR) of June 18, 2019,
through October 31, 2020.
DATES: Applicable November 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–1766,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
On November 27, 2019, Commerce
published the antidumping duty order
on strontium chromate from Austria.1
On January 6, 2020, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order,2 covering one company, Habich
GmbH (Habich).
On June 29, 2021, we extended the
deadline for the preliminary results of
this review until November 19, 2021.3
For a detailed description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
Scope of the Order
The merchandise covered by the
Order is strontium chromate from
Austria. For a complete description of
1 See Strontium Chromate from Austria and
France: Antidumping Duty Orders, 84 FR 65349
(November 27, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
511 (January 6, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Strontium Chromate from
Austria: Extension of Deadline for Preliminary
Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated June 29, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Strontium Chromate from
Austria, 2019–2020,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Fmt 4703
Sfmt 4703
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). Constructed
export price and export price were
calculated in accordance with section
772 of the Act. NV 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 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results
Background
PO 00000
the scope of the order, see the
Preliminary Decision Memorandum.
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
June 18, 2019, through October 31,
2020:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Habich GmbH .............................
0.00
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
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, the content of which is limited to
issues raised in the case briefs, may be
filed no later than seven days after the
date for filing case briefs.5 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
5 See
E:\FR\FM\26NON1.SGM
19 CFR 351.309(d).
26NON1
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
table of authorities.6 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.7 Requests should contain:
(1) The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold a
hearing at a time and date to be
determined.8 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions to Commerce must be
filed using ACCESS 9 and must be
served on interested parties.10 An
electronically filed document must be
received successfully in its entirety by
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due. Note
that Commerce has modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.11
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b). For any individually
examined respondent whose weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review and the
respondent reported entered values, we
will calculate importer-specific ad
valorem assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1). Where we do not have
6 See
19 CFR 351.309.
19 CFR 351.310(c).
8 See 19 CFR 351.310(d).
9 See 19 CFR 351.303(b).
10 See 19 CFR 351.303(f).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
jspears on DSK121TN23PROD with NOTICES1
7 See
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20:16 Nov 24, 2021
Jkt 256001
entered values for all U.S. sales to a
particular importer, we will calculate an
importer-specific per-unit assessment
rate on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
quantity of those sales.12 To determine
whether an importer-specific, per-unit
assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2),
we also will calculate an importerspecific ad valorem ratio based on
estimated entered values. Where an
importer-specific ad valorem
assessment rate is zero or de minimis in
the final results of review, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties in accordance with 19 CFR
351.106(c)(2). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 13
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Habich for which
it did not know that the merchandise
was destined for the United States, we
will instruct CBP to liquidate those
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.14
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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
12 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Habich will be
equal to the weighted-average dumping
margin established in the final results of
this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) if the
exporter is not a firm covered in this
review, a prior completed review, or the
less-than-fair value (LTFV)
investigation, but the producer is, then
the cash deposit rate will be the
company-specific rate established for
the most recently-completed segment of
this proceeding for the producer of
subject merchandise; and (3) the cash
deposit rate for all other producers and
exporters will continue to be 25.90
percent, the all-others rate established
in the LTFV investigation.15
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Final Results of Review
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.16
Notification to Importers
This notice 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
13 See
PO 00000
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Fmt 4703
Sfmt 4703
15 See
Order.
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
16 See
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021–25782 Filed 11–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–894]
Certain Tissue Paper Products From
the People’s Republic of China:
Continuation of the Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
in their five year (sunset) review that
revocation of the antidumping duty
(AD) order on certain tissue paper
products (tissue paper) from the
People’s Republic of China (China)
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of the AD order on
tissue paper from China.
DATES: Applicable November 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766.
SUPPLEMENTARY INFORMATION:
AGENCY:
jspears on DSK121TN23PROD with NOTICES1
Background
On March 30, 2005, Commerce
published the AD order on tissue paper
from China.1 On June 1, 2021, the ITC
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Tissue Paper Products from the
People’s Republic of China, 70 FR 16223 (March 30,
2005).
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20:16 Nov 24, 2021
Jkt 256001
instituted 2 and Commerce initiated 3 a
five-year (sunset) review of the AD order
on tissue paper from China, pursuant to
sections 751(c) and 752 of the Tariff Act
of 1930, as amended (the Act). As a
result of its review, Commerce
determined that revocation of the AD
order on tissue paper from China would
likely lead to a continuation or
recurrence of dumping. Therefore,
Commerce notified the ITC of the
magnitude of the margin of dumping
likely to prevail were the order to be
revoked.4
On November 18, 2021, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the AD order on tissue
paper from China would likely lead to
a continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.5
Scope of the Order
The products covered by the order are
cut-to-length sheets of tissue paper
having a basis weight not exceeding 29
grams per square meter. Tissue paper
products subject to this order may or
may not be bleached, dye-colored,
surface-colored, glazed, surface
decorated or printed, sequined,
crinkled, embossed, and/or die cut. The
tissue paper subject to this order is in
the form of cut-to-length sheets of tissue
paper with a width equal to or greater
than one-half (0.5) inch. Subject tissue
paper may be flat or folded, and may be
packaged by banding or wrapping with
paper or film, by placing in plastic or
film bags, and/or by placing in boxes for
distribution and use by the ultimate
consumer. Packages of tissue paper
subject to this order may consist solely
of tissue paper of one color and/or style,
or may contain multiple colors and/or
styles.
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may be under one or more
of several different subheadings,
including: 4802.30, 4802.54, 4802.61,
4802.62, 4802.69, 4804.31.1000,
4804.31.2000, 4804.31.4020,
4804.31.4040, 4804.31.6000, 4804.39,
2 See Certain Tissue Paper Products from the
People’s Republic of China; Institution of a FiveYear Review, 86 FR 29289 (June 1, 2021).
3 See Initiation of Five-Year (Sunset) Reviews, 86
FR 29239 (June 1, 2021).
4 See Certain Tissue Paper Products from the
People’s Republic of China: Final Results of
Expedited Sunset Review of Antidumping Duty
Order, 86 FR 52444 (September 21, 2021).
5 See Certain Tissue Paper Products from China;
Determination, 86 FR 64527 (November 18, 2021).
PO 00000
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67437
4805.91.1090, 4805.91.5000,
4805.91.7000, 4806.40, 4808.30,
4808.90, 4811.90, 4823.90, 4802.50.00,
4802.90.00, 4805.91.90, 9505.90.40.
Although the HTSUS tariff
classifications are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.6
Excluded from the scope of this order
are the following tissue paper products:
(1) Tissue paper products that are
coated in wax, paraffin, or polymers, of
a kind used in floral and food service
applications; (2) tissue paper products
that have been perforated, embossed, or
die-cut to the shape of a toilet seat, i.e.,
disposable sanitary covers for toilet
seats; and (3) toilet or facial tissue stock
towel or napkin stock, paper of a kind
used for household or sanitary
purposes, cellulose wadding, and webs
of cellulose fibers (HTSUS
4803.00.20.00 and 4803.00.40.00).
Continuation of the AD Order
As a result of the determinations by
Commerce and the ITC that revocation
of the AD order on tissue paper from
China would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to sections
751(c) and 751(d)(2) of the Act,
Commerce hereby orders the
continuation of the AD order on tissue
paper from China. U.S. Customs and
Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. The effective
date of the continuation of the order
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, Commerce intends
to initiate the next five-year review of
this order not later than 30 days prior
to the fifth anniversary of the effective
date of continuation.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
6 On January 30, 2007 at the direction of CBP,
Commerce added the following HTSUS
classifications to the AD/CVD module for tissue
paper: 4802.54.3100, 4802.54.6100, and
4823.90.6700. However, we note that the six digit
classifications for these numbers were already listed
in the scope.
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]]>Agencies
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67435-67437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25782]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that strontium chromate from Austria was not sold in the United States
at less than normal value (NV) during the period of review (POR) of
June 18, 2019, through October 31, 2020.
DATES: Applicable November 26, 2021.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 27, 2019, Commerce published the antidumping duty order
on strontium chromate from Austria.\1\ On January 6, 2020, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,\2\ covering one company, Habich
GmbH (Habich).
---------------------------------------------------------------------------
\1\ See Strontium Chromate from Austria and France: Antidumping
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511 (January 6, 2021) (Initiation
Notice).
---------------------------------------------------------------------------
On June 29, 2021, we extended the deadline for the preliminary
results of this review until November 19, 2021.\3\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Strontium Chromate from Austria: Extension
of Deadline for Preliminary Results of 2019-2020 Antidumping Duty
Administrative Review,'' dated June 29, 2021.
\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Strontium
Chromate from Austria, 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is strontium chromate from
Austria. For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price and export price were calculated in accordance
with section 772 of the Act. NV 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 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 at
https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
Preliminary Results
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period June 18, 2019, through
October 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Habich GmbH................................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b).
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, the content of which is limited to issues
raised in the case briefs, may be filed no later than seven days after
the date for filing case briefs.\5\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a
[[Page 67436]]
table of authorities.\6\ Executive summaries should be limited to five
pages total, including footnotes.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed request must be received successfully
in its entirety by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice.\7\ Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\8\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions to Commerce must be filed using ACCESS \9\ and must
be served on interested parties.\10\ An electronically filed document
must be received successfully in its entirety by ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due. Note that Commerce
has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.303(b).
\10\ See 19 CFR 351.303(f).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries in accordance with 19 CFR
351.212(b). For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review and the respondent
reported entered values, we will calculate importer-specific ad valorem
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those sales, in accordance with 19 CFR 351.212(b)(1). Where we do
not have entered values for all U.S. sales to a particular importer, we
will calculate an importer-specific per-unit assessment rate on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total quantity of those sales.\12\ To
determine whether an importer-specific, per-unit assessment rate is de
minimis, in accordance with 19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad valorem ratio based on estimated
entered values. Where an importer-specific ad valorem assessment rate
is zero or de minimis in the final results of review, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Habich
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\14\
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\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Habich will be
equal to the weighted-average dumping margin established in the final
results of this review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) if the exporter
is not a firm covered in this review, a prior completed review, or the
less-than-fair value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the most recently-completed segment of this proceeding for the producer
of subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will continue to be 25.90 percent, the all-
others rate established in the LTFV investigation.\15\
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\15\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
[[Page 67437]]
Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-25782 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P
