Initiation of Antidumping and Countervailing Duty Administrative Reviews, 67685-67690 [2021-25934]
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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
is open to the public with registration
instructions provided below.
DATES: December 9, 2021, from 1:00
p.m. to 4:00 p.m. Eastern Standard Time
(EST). Members of the public wishing to
participate must register in advance
with the REEEAC Designated Federal
Officer (DFO) Cora Dickson at the
contact information below by 5:00 p.m.
EST on Friday, December 3, 2021, in
order to pre-register, including any
requests to make comments during the
meeting or for accommodations or
auxiliary aids.
ADDRESSES: To register, please contact
Cora Dickson, REEEAC DFO, Office of
Energy and Environmental Industries
(OEEI), Industry and Analysis,
International Trade Administration,
U.S. Department of Commerce at (202)
482–6083; email: Cora.Dickson@
trade.gov. Registered participants will
be emailed the login information for the
meeting, which will be conducted via
WebEx.
FOR FURTHER INFORMATION CONTACT: Cora
Dickson, REEEAC DFO, Office of Energy
and Environmental Industries (OEEI),
Industry and Analysis, International
Trade Administration, U.S. Department
of Commerce at (202) 482–6083; email:
Cora.Dickson@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), on July 14, 2010. The
REEEAC was re-chartered most recently
on June 5, 2020. The REEEAC provides
the Secretary of Commerce with advice
from the private sector on the
development and administration of
programs and policies to expand the
export competitiveness of U.S.
renewable energy and energy efficiency
products and services. More information
about the Committee, including the list
of appointed members for this charter,
is published online at https://trade.gov/
reeeac.
On December 9, 2021, the REEEAC
will hold the fifth meeting of its current
charter term. The Committee, with
officials from the Department of
Commerce and other agencies, will
discuss major issues affecting the
competitiveness of the U.S. renewable
energy and energy efficiency industries,
covering four broad themes: trade
promotion and market access, global
decarbonization, clean energy supply
chains, and technology and innovation.
The Committee will also review
recommendations developed by
subcommittee in these areas. To receive
an agenda please make a request to
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REEEAC DFO Cora Dickson per above.
The agenda will be made available no
later than December 3, 2021.
The Committee meeting will be open
to the public and will be accessible to
people with disabilities. All guests are
required to register in advance by the
deadline identified under the DATE
caption. Requests for auxiliary aids
must be submitted by the registration
deadline. Last minute requests will be
accepted but may not be possible to fill.
A limited amount of time before the
close of the meeting will be available for
oral comments from members of the
public attending the meeting. To
accommodate as many speakers as
possible, the time for public comments
will be limited to two to five minutes
per person (depending on number of
public participants). Individuals
wishing to reserve speaking time during
the meeting must contact REEEAC DFO
Cora Dickson using the contact
information above and submit a brief
statement of the general nature of the
comments, as well as the name and
address of the proposed participant, by
5:00 p.m. EST on Friday, December 3,
2021. If the number of registrants
requesting to make statements is greater
than can be reasonably accommodated
during the meeting, the International
Trade Administration may conduct a
lottery to determine the speakers.
Speakers are requested to submit a copy
of their oral comments by email to Cora
Dickson for distribution to the
participants in advance of the meeting.
Any member of the public may
submit written comments concerning
the REEEAC’s affairs at any time before
or after the meeting. Comments may be
submitted via email to the Renewable
Energy and Energy Efficiency Advisory
Committee, c/o: Cora Dickson, DFO,
Office of Energy and Environmental
Industries, U.S. Department of
Commerce; Cora.Dickson@trade.gov. To
be considered during the meeting,
public comments must be transmitted to
the REEEAC prior to the meeting. As
such, written comments must be
received no later than 5:00 p.m. EST on
Friday, December 3, 2021. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of REEEAC meeting minutes
will be available within 30 days
following the meeting.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2021–25858 Filed 11–26–21; 8:45 am]
BILLING CODE 3510–DR–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders with
October anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
October anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of no Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov, in
accordance with 19 CFR 351.303.1 Such
submissions are subject to verification,
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to (a)
identify which companies subject to
review previously were collapsed, and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
the Quantity and Value (Q&V)
Questionnaire for purposes of
respondent selection, in general, each
company must report volume and value
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data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where Commerce
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of a particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.2 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
2 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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responses to section D of the
questionnaire.
Separate Rates
In proceedings involving non-market
economy (NME) countries, Commerce
begins with a rebuttable presumption
that all companies within the country
are subject to government control and,
thus, should be assigned a single
antidumping duty deposit rate. It is
Commerce’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, Commerce analyzes each entity
exporting the subject merchandise. In
accordance with the separate rates
criteria, Commerce assigns separate
rates to companies in NME cases only
if respondents can demonstrate the
absence of both de jure and de facto
government control over export
activities.
All firms listed below that wish to
qualify for separate rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a separate rate
application or certification, as described
below. For these administrative reviews,
in order to demonstrate separate rate
eligibility, Commerce requires entities
for whom a review was requested, that
were assigned a separate rate in the
most recent segment of this proceeding
in which they participated, to certify
that they continue to meet the criteria
for obtaining a separate rate. The
Separate Rate Certification form will be
available on Commerce’s website at
https://enforcement.trade.gov/nme/
nme-sep-rate.html on the date of
publication of this Federal Register
notice. In responding to the
certification, please follow the
‘‘Instructions for Filing the
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to Commerce no
later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Certification applies
equally to NME-owned firms, wholly
foreign-owned firms, and foreign sellers
who purchase and export subject
merchandise to the United States.
Entities that currently do not have a
separate rate from a completed segment
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of the proceeding 3 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,4 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
Commerce’s website at https://
enforcement.trade.gov/nme/nme-sep-
rate.html on the date of publication of
this Federal Register notice. In
responding to the Separate Rate
Application, refer to the instructions
contained in the application. Separate
Rate Applications are due to Commerce
no later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate
Application applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
Exporters and producers must file a
timely Separate Rate Application or
Certification if they want to be
considered for respondent selection.
Furthermore, exporters and producers
who submit a Separate Rate Application
or Certification and subsequently are
selected as mandatory respondents will
no longer be eligible for separate rate
status unless they respond to all parts of
the questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
AD and CVD orders and findings. We
intend to issue the final results of these
reviews not later than October 31, 2022.
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Period to be reviewed
AD Proceedings
INDIA: Stainless Steel Flanges A–533–877 ........................................................................................................................
Ae Engineers & Exporters.
Armstrong International Pvt. Ltd.
Avini Metal Limited.
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
BFN Forgings Private Limited.
Broadway Overseas Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd).
Chandan Steel Limited 5.
CHW Forge Pvt. Ltd.
Dart Global Logistics Pvt.
Dongguan Good Luck Industrial Co., Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
Echjay Forgings Pvt. Ltd.
Emerson Process Management.
Expeditors International.
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G.I. Auto Pvt. Ltd.
G I Auto Private.
Good Luck Engineering Co.
Goodluck India Ltd.
Hilton Metal Forging Limited.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited.
Jay Jagdamba Limited.
Jay Jagdamba Profile Private Limited.
Katariya Steel Distributors.
Kisaan Die Tech Pvt Ltd.
Pashupati Ispat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Pradeep Metals Ltd.
Rajan Techno Cast.
Rajan Techno Cast Pvt. Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
Saini Flanges Private.
Shree Jay Jagdamba Flanges Private Limited.
Transworld Enterprises.
Viraj Profiles Ltd.
JAPAN: Certain Hot-Rolled Steel Flat Products A–588–874 ..............................................................................................
Nippon Steel Corporation.
Tokyo Steel Manufacturing Co., Ltd.
MEXICO: Carbon and Certain Alloy Steel Wire Rod A–201–830 ......................................................................................
3 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
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shipper review, etc.) and entities that lost their
separate rate in the most recently completed
segment of the proceeding in which they
participated.
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4 Only changes to the official company name,
rather than trade names, need to be addressed via
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
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Period to be reviewed
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ArcelorMittal Mexico SA de C.V.
Deacero S.A.P.I. de C.V.
MEXICO: Refillable Stainless Steel Kegs A–201–849 ........................................................................................................
Thielmann Mexico S.A. de C.V.
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products A–580–883 ...................................................................
Del Trading Inc.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Gs Global Corp.
Gs Holdings Corp.
Hyundai Steel Company.
KG Dongbu Steel Co., Ltd.
Marubeni-Itochu Steel Korea, Ltd.
POSCO.
POSCO Daewoo Corporation.
POSCO International Corporation.
Samsung C and T Corporation.
Snp Ltd.
Soon Ho Co., Ltd.
Soon Hong Trading Co. Ltd.
Sungjin Co., Ltd.
TAIWAN: Narrow Woven Ribbons with Woven Selvedge A–583–844 ...............................................................................
Hubscher Ribbon Corp., Ltd. (d/b/a Hubschercorp).6
THAILAND: Glycine A–549–837 .........................................................................................................................................
Newtrend Food Ingredient (Thailand) Co., Ltd.
THE NETHERLANDS: Certain Hot-Rolled Steel Flat Products A–421–813 ......................................................................
Tata Steel Ijmuiden BV.
THE PEOPLE’S REPUBLIC OF CHINA: Polyvinyl Alcohol A–570–879 ............................................................................
Sinopec Chongqing SVW Chemical Co., Ltd.
Sinopec Sichuan Vinylon Works.
THE PEOPLE’S REPUBLIC OF CHINA: Electrolytic Manganese Dioxide A–570–919 .....................................................
Duracell Canada Inc.
TURKEY: Certain Hot-Rolled Steel Flat Products A–489–826 ...........................................................................................
Agir Haddecilik A.S.
Cag Celik Demir ve Celik.
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji, A.S. (‘‘Colakoglu’’).
Eregli Demir ve Celik Fabrikalari T.A.S.
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.
Habas Industrial and Medical Gases Production Industries Inc.
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.
Iskenderun Iron & Steel Works Co. (a/k/a/Iskenderun Demir ve Celik A.S.).
Kayseri Metal Center San. ve Tic. A.S.
Kibar Group (Kibar Dis Ticaret A.S.).
MMK Atakas Metalurji.
Ozkan Iron and Steel Ind.
Seametal Sanayi ve Dis Ticaret Limited Sirketi.
Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac A.S.).
CVD Proceedings
INDIA: Stainless Steel Flanges C–533–878 .......................................................................................................................
Ae Engineers and Exporters.
Armstrong International Pvt. Ltd.
Avini Metal Limited.
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
BFN Forgings Private Limited.
Broadway Overseas Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd.).
Chandan Steel Limited.
CHW Forge Private.
Dart Global Logistics Pvt.
Dongguan Good Luck Industrial Co., Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
Echjay Forgings Private Limited.
Emerson Process Management.
Expeditors International.
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G I Auto Private.
G. I. Auto Pvt. Ltd.
Good Luck Engineering Co.
Goodluck India Limited.
Hilton Metal Forging Limited.
Jai Auto Pvt. Ltd.
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0/1/20–9/30/21
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67689
Period to be reviewed
Jay Jagdamba Ltd.
Jay Jagdamba Profile Private Limited.
Jay Jagdamba Forgings Private LimitedKatariya Steel Distributors.
Kisaan Die Tech Pvt. Ltd.
Pashupati Ispat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Pradeep Metals Ltd.
Rajan Techno Cast.
Rajan Techno Cast Pvt. Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
Saini Flanges Private.
Shree Jay Jagdamba Flanges Pvt. Ltd.
Transworld Enterprises.
Viraj Profiles Ltd.
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products C–580–884 ...................................................................
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.).
Hyundai Steel Company.7
JFE Shoji Trade Korea Ltd.
POSCO.
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation.
POSCO International Corporation.
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
THE PEOPLE’S REPUBLIC OF CHINA: Narrow Woven Ribbons with Woven Selvedge C–570–953 .............................
Hubscher Ribbon Corp., Ltd. (d/b/a Hubschercorp).8
through an importer that is affiliated
with such exporter or producer. The
request must include the name(s) of the
exporter or producer for which the
inquiry is requested.
Suspension Agreements
None.
Duty Absorption Reviews
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During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an AD order under 19
CFR 351.211 or a determination under
19 CFR 351.218(f)(4) to continue an
order or suspended investigation (after
sunset review), Commerce, if requested
by a domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether AD duties have been
absorbed by an exporter or producer
subject to the review if the subject
merchandise is sold in the United States
5 This company is also referenced as ‘‘Chandan
Steel Limited, India.’’
6 This company was omitted from the initiation
notice that published on November 5, 2021 (86 FR
61121).
7 This company may also be referenced as
Hyundai Steel Co., Ltd.
8 This company was omitted from the initiation
notice that published on November 5, 2021 (86 FR
61121).
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Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
‘‘gap’’ period of the order (i.e., the
period following the expiry of
provisional measures and before
definitive measures were put into
place), if such a gap period is applicable
to the POR.
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
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1/1/20–12/31/20
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
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regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,9 available
at https://enforcement.trade.gov/frn/
2013/1304frn/2013-08227.txt, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.10
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.11 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.12 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
9 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
11 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
12 See 19 CFR 351.302.
VerDate Sep<11>2014
16:55 Nov 26, 2021
Jkt 256001
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–25934 Filed 11–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Oman
Fasteners LLC (Oman Fasteners) made
sales of subject merchandise below
normal value. The period of review
(POR) is July 1, 2019, through June 30,
2020.
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, 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) 482–0223.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 1, 2021, Commerce published
the preliminary results of the
administrative review of the
antidumping duty (AD) order on certain
steel nails (steel nails) from the
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Sultanate of Oman (Oman).1 For a
history of events that have occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2
Scope of the Order
The merchandise covered by the
antidumping duty order is certain steel
nails. For a complete description of the
scope of the order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised
in the case and rebuttal briefs in the
Issues and Decision Memorandum.
These issues are identified in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made one
change to the margin calculation for
Oman Fasteners since the Preliminary
Results. We have recalculated the
constructed value (CV) profit ratio for
the final results.3
Final Results of Review
As a result of this administrative
review, we determine the following
weighted-average dumping margin for
the period July 1, 2019, through June 30,
2020:
1 See Certain Steel Nails from the Sultanate of
Oman: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2019–
2020, 86 FR 29244 (June 1, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from the
Sultanate of Oman,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Issues and Decision Memorandum at
Comment 2; see also Memorandum, ‘‘Final Results
of the Fifth Antidumping Duty Administrative
Review of Certain Steel Nails from the Sultanate of
Oman: Final Analysis Memorandum for Oman
Fasteners, LLC,’’, dated concurrently with this
notice (Final Analysis Memorandum).
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67685-67690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25934]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has received requests to
conduct administrative reviews of various antidumping duty (AD) and
countervailing duty (CVD) orders with October anniversary dates. In
accordance with Commerce's regulations, we are initiating those
administrative reviews.
DATES: Applicable November 29, 2021.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-4735.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely requests, in accordance with 19 CFR
351.213(b), for administrative reviews of various AD and CVD orders
with October anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by Commerce discussed below
refer to the number of calendar days from the applicable starting time.
Notice of no Sales
If a producer or exporter named in this notice of initiation had no
exports, sales, or entries during the period of review (POR), it must
notify Commerce within 30 days of publication of this notice in the
Federal Register. All submissions must be filed electronically at
https://access.trade.gov, in accordance with 19 CFR 351.303.\1\ Such
submissions are subject to verification, in accordance with section
782(i) of the Tariff Act of 1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every
party on Commerce's service list.
---------------------------------------------------------------------------
\1\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Respondent Selection
In the event Commerce limits the number of respondents for
individual
[[Page 67686]]
examination for administrative reviews initiated pursuant to requests
made for the orders identified below, Commerce intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports during the POR. We intend to place the CBP data on the
record within five days of publication of the initiation notice and to
make our decision regarding respondent selection within 35 days of
publication of the initiation Federal Register notice. Comments
regarding the CBP data and respondent selection should be submitted
within seven days after the placement of the CBP data on the record of
this review. Parties wishing to submit rebuttal comments should submit
those comments within five days after the deadline for the initial
comments.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act, the following guidelines regarding
collapsing of companies for purposes of respondent selection will
apply. In general, Commerce has found that determinations concerning
whether particular companies should be ``collapsed'' (e.g., treated as
a single entity for purposes of calculating antidumping duty rates)
require a substantial amount of detailed information and analysis,
which often require follow-up questions and analysis. Accordingly,
Commerce will not conduct collapsing analyses at the respondent
selection phase of this review and will not collapse companies at the
respondent selection phase unless there has been a determination to
collapse certain companies in a previous segment of this AD proceeding
(e.g., investigation, administrative review, new shipper review, or
changed circumstances review). For any company subject to this review,
if Commerce determined, or continued to treat, that company as
collapsed with others, Commerce will assume that such companies
continue to operate in the same manner and will collapse them for
respondent selection purposes. Otherwise, Commerce will not collapse
companies for purposes of respondent selection. Parties are requested
to (a) identify which companies subject to review previously were
collapsed, and (b) provide a citation to the proceeding in which they
were collapsed. Further, if companies are requested to complete the
Quantity and Value (Q&V) Questionnaire for purposes of respondent
selection, in general, each company must report volume and value data
separately for itself. Parties should not include data for any other
party, even if they believe they should be treated as a single entity
with that other party. If a company was collapsed with another company
or companies in the most recently completed segment of this proceeding
where Commerce considered collapsing that entity, complete Q&V data for
that collapsed entity must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that Commerce may extend this time if it is
reasonable to do so. Determinations by Commerce to extend the 90-day
deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of a particular market situation (PMS)
for purposes of constructed value under section 773(e) of the Act.\2\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
---------------------------------------------------------------------------
\2\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial responses to
section D of the questionnaire.
Separate Rates
In proceedings involving non-market economy (NME) countries,
Commerce begins with a rebuttable presumption that all companies within
the country are subject to government control and, thus, should be
assigned a single antidumping duty deposit rate. It is Commerce's
policy to assign all exporters of merchandise subject to an
administrative review in an NME country this single rate unless an
exporter can demonstrate that it is sufficiently independent so as to
be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, Commerce analyzes each entity exporting the subject
merchandise. In accordance with the separate rates criteria, Commerce
assigns separate rates to companies in NME cases only if respondents
can demonstrate the absence of both de jure and de facto government
control over export activities.
All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate rate application or
certification, as described below. For these administrative reviews, in
order to demonstrate separate rate eligibility, Commerce requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register
notice. In responding to the certification, please follow the
``Instructions for Filing the Certification'' in the Separate Rate
Certification. Separate Rate Certifications are due to Commerce no
later than 30 calendar days after publication of this Federal Register
notice. The deadline and requirement for submitting a Certification
applies equally to NME-owned firms, wholly foreign-owned firms, and
foreign sellers who purchase and export subject merchandise to the
United States.
Entities that currently do not have a separate rate from a
completed segment
[[Page 67687]]
of the proceeding \3\ should timely file a Separate Rate Application to
demonstrate eligibility for a separate rate in this proceeding. In
addition, companies that received a separate rate in a completed
segment of the proceeding that have subsequently made changes,
including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\4\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Application will be available on
Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html on the date of publication of this Federal Register notice.
In responding to the Separate Rate Application, refer to the
instructions contained in the application. Separate Rate Applications
are due to Commerce no later than 30 calendar days after publication of
this Federal Register notice. The deadline and requirement for
submitting a Separate Rate Application applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers that purchase
and export subject merchandise to the United States.
---------------------------------------------------------------------------
\3\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\4\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
---------------------------------------------------------------------------
Exporters and producers must file a timely Separate Rate
Application or Certification if they want to be considered for
respondent selection. Furthermore, exporters and producers who submit a
Separate Rate Application or Certification and subsequently are
selected as mandatory respondents will no longer be eligible for
separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following AD and CVD orders and findings.
We intend to issue the final results of these reviews not later than
October 31, 2022.
------------------------------------------------------------------------
Period to be reviewed
------------------------------------------------------------------------
AD Proceedings
INDIA: Stainless Steel Flanges A-533-877....... 10/1/20-9/30/21
Ae Engineers & Exporters...................
Armstrong International Pvt. Ltd...........
Avini Metal Limited........................
Balkrishna Steel Forge Pvt. Ltd............
Bebitz Flanges Works Pvt. Ltd..............
BFN Forgings Private Limited...............
Broadway Overseas Ltd......................
CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd)...........................
Chandan Steel Limited \5\..................
CHW Forge Pvt. Ltd.........................
Dart Global Logistics Pvt..................
Dongguan Good Luck Industrial Co., Ltd.....
Dongguan Good Luck Furniture Industrial
Co., Ltd..................................
Echjay Forgings Pvt. Ltd...................
Emerson Process Management.................
Expeditors International...................
Fivebros Forgings Pvt. Ltd.................
Fluid Controls Pvt. Ltd....................
G.I. Auto Pvt. Ltd.........................
G I Auto Private...........................
Good Luck Engineering Co...................
Goodluck India Ltd.........................
Hilton Metal Forging Limited...............
Jai Auto Pvt. Ltd..........................
Jay Jagdamba Forgings Private Limited......
Jay Jagdamba Limited.......................
Jay Jagdamba Profile Private Limited.......
Katariya Steel Distributors................
Kisaan Die Tech Pvt Ltd....................
Pashupati Ispat Pvt. Ltd...................
Pashupati Tradex Pvt., Ltd.................
Pradeep Metals Ltd.........................
Rajan Techno Cast..........................
Rajan Techno Cast Pvt. Ltd.................
Rolex Fittings India Pvt. Ltd..............
Rollwell Forge Pvt. Ltd....................
Safewater Lines (I) Pvt. Ltd...............
Saini Flange Pvt. Ltd......................
Saini Flanges Private......................
Shree Jay Jagdamba Flanges Private Limited.
Transworld Enterprises.....................
Viraj Profiles Ltd.........................
JAPAN: Certain Hot-Rolled Steel Flat Products A- 10/1/20-9/30/21
588-874.......................................
Nippon Steel Corporation...................
Tokyo Steel Manufacturing Co., Ltd.........
MEXICO: Carbon and Certain Alloy Steel Wire Rod 10/1/20-9/30/21
A-201-830.....................................
[[Page 67688]]
ArcelorMittal Mexico SA de C.V.............
Deacero S.A.P.I. de C.V....................
MEXICO: Refillable Stainless Steel Kegs A-201- 10/1/20-9/30/21
849...........................................
Thielmann Mexico S.A. de C.V...............
REPUBLIC OF KOREA: Certain Hot-Rolled Steel 10/1/20-9/30/21
Flat Products A-580-883.......................
Del Trading Inc............................
Dongkuk Industries Co., Ltd................
Dongkuk Steel Mill Co., Ltd................
Gs Global Corp.............................
Gs Holdings Corp...........................
Hyundai Steel Company......................
KG Dongbu Steel Co., Ltd...................
Marubeni-Itochu Steel Korea, Ltd...........
POSCO......................................
POSCO Daewoo Corporation...................
POSCO International Corporation............
Samsung C and T Corporation................
Snp Ltd....................................
Soon Ho Co., Ltd...........................
Soon Hong Trading Co. Ltd..................
Sungjin Co., Ltd...........................
TAIWAN: Narrow Woven Ribbons with Woven 9/1/20-8/31/21
Selvedge A-583-844............................
Hubscher Ribbon Corp., Ltd. (d/b/a
Hubschercorp).\6\
THAILAND: Glycine A-549-837.................... 0/1/20-9/30/21
Newtrend Food Ingredient (Thailand) Co.,
Ltd.......................................
THE NETHERLANDS: Certain Hot-Rolled Steel Flat 10/1/20-9/30/21
Products A-421-813............................
Tata Steel Ijmuiden BV.....................
THE PEOPLE'S REPUBLIC OF CHINA: Polyvinyl 10/1/20-9/30/21
Alcohol A-570-879.............................
Sinopec Chongqing SVW Chemical Co., Ltd....
Sinopec Sichuan Vinylon Works..............
THE PEOPLE'S REPUBLIC OF CHINA: Electrolytic 10/1/20-9/30/21
Manganese Dioxide A-570-919...................
Duracell Canada Inc........................
TURKEY: Certain Hot-Rolled Steel Flat Products 10/1/20-9/30/21
A-489-826.....................................
Agir Haddecilik A.S........................
Cag Celik Demir ve Celik...................
Colakoglu Dis Ticaret A.S. and Colakoglu
Metalurji, A.S. (``Colakoglu'')...........
Eregli Demir ve Celik Fabrikalari T.A.S....
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.
Habas Industrial and Medical Gases
Production Industries Inc.................
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi................................
Iskenderun Iron & Steel Works Co. (a/k/a/
Iskenderun Demir ve Celik A.S.)...........
Kayseri Metal Center San. ve Tic. A.S......
Kibar Group (Kibar Dis Ticaret A.S.).......
MMK Atakas Metalurji.......................
Ozkan Iron and Steel Ind...................
Seametal Sanayi ve Dis Ticaret Limited
Sirketi...................................
Tosyali Holding (Toscelik Profile and Sheet
Ind. Co., Toscelik Profil ve Sac A.S.)....
CVD Proceedings
INDIA: Stainless Steel Flanges C-533-878....... 1/1/20-12/31/20
Ae Engineers and Exporters.................
Armstrong International Pvt. Ltd...........
Avini Metal Limited........................
Balkrishna Steel Forge Pvt. Ltd............
Bebitz Flanges Works Pvt. Ltd..............
BFN Forgings Private Limited...............
Broadway Overseas Ltd......................
CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd.)..........................
Chandan Steel Limited......................
CHW Forge Private..........................
Dart Global Logistics Pvt..................
Dongguan Good Luck Industrial Co., Ltd.....
Dongguan Good Luck Furniture Industrial
Co., Ltd..................................
Echjay Forgings Private Limited............
Emerson Process Management.................
Expeditors International...................
Fivebros Forgings Pvt. Ltd.................
Fluid Controls Pvt. Ltd....................
G I Auto Private...........................
G. I. Auto Pvt. Ltd........................
Good Luck Engineering Co...................
Goodluck India Limited.....................
Hilton Metal Forging Limited...............
Jai Auto Pvt. Ltd..........................
[[Page 67689]]
Jay Jagdamba Ltd...........................
Jay Jagdamba Profile Private Limited.......
Jay Jagdamba Forgings Private
LimitedKatariya Steel Distributors........
Kisaan Die Tech Pvt. Ltd...................
Pashupati Ispat Pvt. Ltd...................
Pashupati Tradex Pvt., Ltd.................
Pradeep Metals Ltd.........................
Rajan Techno Cast..........................
Rajan Techno Cast Pvt. Ltd.................
Rolex Fittings India Pvt. Ltd..............
Rollwell Forge Pvt. Ltd....................
Safewater Lines (I) Pvt. Ltd...............
Saini Flange Pvt. Ltd......................
Saini Flanges Private......................
Shree Jay Jagdamba Flanges Pvt. Ltd........
Transworld Enterprises.....................
Viraj Profiles Ltd.........................
REPUBLIC OF KOREA: Certain Hot-Rolled Steel 1/1/20-12/31/20
Flat Products C-580-884.......................
DCE Inc....................................
Dong Chuel America Inc.....................
Dong Chuel Industrial Co., Ltd.............
Dongbu Incheon Steel Co., Ltd..............
Dongbu Steel Co., Ltd......................
Dongkuk Industries Co., Ltd................
Dongkuk Steel Mill Co., Ltd................
Hyewon Sni Corporation (H.S.I.)............
Hyundai Steel Company.\7\
JFE Shoji Trade Korea Ltd..................
POSCO......................................
POSCO Coated & Color Steel Co., Ltd........
POSCO Daewoo Corporation...................
POSCO International Corporation............
Soon Hong Trading Co., Ltd.................
Sung-A Steel Co., Ltd......................
THE PEOPLE'S REPUBLIC OF CHINA: Narrow Woven 1/1/20-12/31/20
Ribbons with Woven Selvedge C-570-953.........
Hubscher Ribbon Corp., Ltd. (d/b/a
Hubschercorp).\8\
------------------------------------------------------------------------
---------------------------------------------------------------------------
\5\ This company is also referenced as ``Chandan Steel Limited,
India.''
\6\ This company was omitted from the initiation notice that
published on November 5, 2021 (86 FR 61121).
\7\ This company may also be referenced as Hyundai Steel Co.,
Ltd.
\8\ This company was omitted from the initiation notice that
published on November 5, 2021 (86 FR 61121).
---------------------------------------------------------------------------
Suspension Agreements
None.
Duty Absorption Reviews
During any administrative review covering all or part of a period
falling between the first and second or third and fourth anniversary of
the publication of an AD order under 19 CFR 351.211 or a determination
under 19 CFR 351.218(f)(4) to continue an order or suspended
investigation (after sunset review), Commerce, if requested by a
domestic interested party within 30 days of the date of publication of
the notice of initiation of the review, will determine whether AD
duties have been absorbed by an exporter or producer subject to the
review if the subject merchandise is sold in the United States through
an importer that is affiliated with such exporter or producer. The
request must include the name(s) of the exporter or producer for which
the inquiry is requested.
Gap Period Liquidation
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant ``gap'' period of the order (i.e., the
period following the expiry of provisional measures and before
definitive measures were put into place), if such a gap period is
applicable to the POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures
apply to administrative reviews included in this notice of initiation.
Parties wishing to participate in any of these administrative reviews
should ensure that they meet the requirements of these procedures
(e.g., the filing of separate letters of appearance as discussed at 19
CFR 351.103(d)).
Factual Information Requirements
Commerce's regulations identify five categories of factual
information in 19 CFR 351.102(b)(21), which are summarized as follows:
(i) Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). These regulations require any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The
[[Page 67690]]
regulations, at 19 CFR 351.301, also provide specific time limits for
such factual submissions based on the type of factual information being
submitted. Please review the Final Rule,\9\ available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to
submitting factual information in this segment. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
---------------------------------------------------------------------------
\9\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information using
the formats provided at the end of the Final Rule.\11\ Commerce intends
to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable certification
requirements.
---------------------------------------------------------------------------
\11\ See section 782(b) of the Act; see also Final Rule; and the
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by
Commerce.\12\ In general, an extension request will be considered
untimely if it is filed after the time limit established under Part 351
expires. For submissions which are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. on the due date. Examples include, but are
not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR
351.309; (2) factual information to value factors under 19 CFR
351.408(c), or to measure the adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal,
clarification and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate
country and surrogate values and rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce
may elect to specify a different time limit by which extension requests
will be considered untimely for submissions which are due from multiple
parties simultaneously. In such a case, Commerce will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This policy also requires that an extension request
must be made in a separate, stand-alone submission, and clarifies the
circumstances under which Commerce will grant untimely-filed requests
for the extension of time limits. Please review the Final Rule,
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
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\12\ See 19 CFR 351.302.
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These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-25934 Filed 11-26-21; 8:45 am]
BILLING CODE 3510-DS-P
