Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review, 72-75 [2021-28406]

Download as PDF 72 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Dalmine will be zero; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established for the most recentlycompleted segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 47.87 percent,7 the all-others rate established in the LTFV investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Comment 4: U.S. Indirect Selling Expenses VI. Recommendation Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Background Dated: December 27, 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Dalmine’s Reported Surface Finishing Costs Comment 2: Use of the Reported Variance in the Major Input Adjustment Comment 3: Incomplete Field Name [FR Doc. 2021–28447 Filed 12–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for February 2022 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in February 2022 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact khammond on DSKJM1Z7X2PROD with NOTICES Antidumping Duty Proceedings Ammonium Sulfate from China A–570–049 (1st Review) ................................................................................ Amorphous Silica Fabric from China A–570–038 (1st Review) ....................................................................... Artist Canvas from China A–570–899 (3rd Review) ......................................................................................... Biaxial Integral Geogrid Products from China A–570–036 (1st Review) ......................................................... Off-The-Road Tires from India A–533–869 (1st Review) ................................................................................. Countervailing Duty Proceedings Ammonium Sulfate from China C–570–050 (1st Review) ................................................................................ Amorphous Silica Fabric from China C–570–039 (1st Review) ....................................................................... Biaxial Integral Geogrid Products from China C–570–037 (1st Review) ......................................................... Off-The-Road Tires from India C–533–870 (1st Review) ................................................................................. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in February 2022. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 7 See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China, the Federal Republic of Germany, India, Italy, The Republic of Korea, and Switzerland: Antidumping Duty Orders; and Amended Final Determinations of Sales at Less Than Fair Value for the People’s Republic of China and Switzerland, 83 FR 26962 (June 11, 2018). VerDate Sep<11>2014 17:14 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1 73 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 This notice is not required by statute but is published as a service to the international trading community. Dated: December 14, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Opportunity To Request a Review: Not later than the last day of January 2022,2 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in January for the following periods: khammond on DSKJM1Z7X2PROD with NOTICES Period to review Antidumping Duty Proceedings BELARUS: Carbon and Alloy Steel Wire Rod, A–822–806 ................................................................................................ BRAZIL: Prestressed Concrete Steel Wire Stand, A–351–837 .......................................................................................... CANADA: Softwood Lumber, A–122–857 ........................................................................................................................... GERMANY: Forged Steel Fluid End Blocks, A–428–847 ................................................................................................... INDIA: Prestressed Concrete Steel Wire Strand, A–533–828 ............................................................................................ Polyester Textured Yarn, A–533–885 .......................................................................................................................... ITALY: Forged Steel Fluid End Blocks, A–475–840 ........................................................................................................... MEXICO: Prestressed Concrete Steel Wire Strand, A–201–831 ....................................................................................... REPUBLIC OF KOREA: Prestressed Concrete Steel Wire Strand, A–580–852 ............................................................... RUSSIA: Carbon and Alloy Steel Wire Rod, A–821–824 ................................................................................................... SOUTH AFRICA: Ferrovanadium, A–791–815 ................................................................................................................... THAILAND: Prestressed Concrete Steel Wire Strand, A–549–820 .................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Calcium Hypochlorite, A–570–008 .................................................................... Carbon and Certain Alloy Steel Wire Rod, A–570–012 ............................................................................................... Certain Crepe Paper Products, A–570–895 ................................................................................................................ Certain Hardwood Plywood Products, A–570–051 ...................................................................................................... Ferrovanadium, A–570–873 ......................................................................................................................................... Folding Gift Boxes, A–570–866 ................................................................................................................................... Polyester Textured Yarn, A–570–097 .......................................................................................................................... Potassium Permanganate, A–570–001 ........................................................................................................................ Wooden Bedroom Furniture, A–570–890 .................................................................................................................... UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire Rod, A–520–808 .................................................................... 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 7/23/20–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 7/23/20–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 Countervailing Duty Proceedings ARGENTINA: Biodiesel, C–357–821 .................................................................................................................................. CANADA: Softwood Lumber, C–122–858 ........................................................................................................................... GERMANY: Forged Steel Fluid End Blocks, C–428–848 ................................................................................................... INDIA: Polyester Textured Yarn, C–533–886 ..................................................................................................................... Forged Steel Fluid End Blocks, C–533–894 ................................................................................................................ INDONESIA: Biodiesel, C–560–831 .................................................................................................................................... ITALY: Forged Steel Fluid End Blocks, C–475–841 ........................................................................................................... THE PEOPLE’S REPUBLIC OF CHINA: Calcium Hypochlorite, C–570–009 .................................................................... Carbon and Certain Alloy Steel Wire Rod, C–570–013 .............................................................................................. Circular Welded Carbon Quality Steel Line Pipe, C–570–936 .................................................................................... Certain Hardwood Plywood Products, C–570–052 ...................................................................................................... Certain Oil Country Tubular Goods, C–570–944 ......................................................................................................... Certain Tool Chests and Cabinets, C–570–057 .......................................................................................................... Forged Steel Fluid End Blocks, C–570–116 ................................................................................................................ Polyester Textured Yarn, C–570–098 .......................................................................................................................... 1/1/21–12/31/21 1/1/21–12/31/21 5/26/2020–12/31/2021 1/1/21–12/31/21 5/26/2020–12/31/2021 1/1/21–12/31/21 5/26/2020–12/31/2021 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 1/1/21–12/31/21 5/26/2020–12/31/2021 1/1/21–12/31/21 Suspension Agreements RUSSIA: Certain Cut To Length Carbon Steel Plate, A–821–808 ..................................................................................... 1/1/21–12/31/21 In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. VerDate Sep<11>2014 17:14 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. E:\FR\FM\03JAN1.SGM 03JAN1 74 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party’s location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party’s attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3 Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity’s entries were not subject to the review and the 3 See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-andcountervailing-duties. 4 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 5 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. VerDate Sep<11>2014 17:14 Dec 30, 2021 Jkt 256001 rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7 Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of January 2022. If Commerce does not receive, by the last day of January 2022, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Establishment of and Updates to the Annual Inquiry Service List On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register.8 On September 27, 2021, Commerce also published the notice entitled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register.9 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.10 In accordance with the Procedural Guidance, for orders published in the Federal Register before November 4, 2021, Commerce created an annual inquiry service list segment for each order and suspended investigation. Interested parties who wished to be added to the annual inquiry service list for an order submitted an entry of appearance to the annual inquiry service list segment for the order in ACCESS, and on November 4, 2021, Commerce finalized the initial annual inquiry service lists for each order and suspended investigation. Each annual inquiry service list has been saved as a public service list in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 11 As mentioned in the Procedural Guidance, beginning in January 2022, Commerce will update these annual inquiry service lists on an annual basis 8 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 9 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 10 Id. 11 This segment has been combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices when the Opportunity Notice for the anniversary month of the order or suspended investigation is published in the Federal Register.12 Accordingly, Commerce will update the annual inquiry service lists for the above-listed antidumping and countervailing duty proceedings. All interested parties wishing to appear on the updated annual inquiry service list must take one of the two following actions: (1) New interested parties who did not previously submit an entry of appearance must submit a new entry of appearance at this time; (2) Interested parties who were included in the preceding annual inquiry service list must submit an amended entry of appearance to be included in the next year’s annual inquiry service list. For these interested parties, Commerce will change the entry of appearance status from ‘‘Active’’ to ‘‘Needs Amendment’’ for the annual inquiry service lists corresponding to the above-listed proceedings. This will allow those interested parties to make any necessary amendments and resubmit their entries of appearance. If no amendments need to be made, the interested party should indicate in the area on the ACCESS form requesting an explanation for the amendment that it is resubmitting its entry of appearance for inclusion in the annual inquiry service list for the following year. As mentioned in the Final Rule,13 once the petitioners and foreign governments have submitted an entry of appearance for the first time, they will automatically be added to the updated annual inquiry service list each year. [FR Doc. 2021–28406 Filed 12–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 12 See 13 See Procedural Guidance, 86 FR at 53206. Final Rule, 86 FR at 52335. VerDate Sep<11>2014 17:14 Dec 30, 2021 Jkt 256001 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce finds that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 75 respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: (a) Identify which companies subject to review previously were collapsed; and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.1 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use 1 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 72-75]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28406]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Advance Notification of Sunset Review

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

Background

    Every five years, pursuant to the Tariff Act of 1930, as amended 
(the Act), the Department of Commerce (Commerce) and the International 
Trade Commission automatically initiate and conduct reviews to 
determine whether revocation of a countervailing or antidumping duty 
order or termination of an investigation suspended under section 704 or 
734 of the Act would be likely to lead to continuation or recurrence of 
dumping or a countervailable subsidy (as the case may be) and of 
material injury.

Upcoming Sunset Reviews for February 2022

    Pursuant to section 751(c) of the Act, the following Sunset Reviews 
are scheduled for initiation in February 2022 and will appear in that 
month's Notice of Initiation of Five-Year Sunset Reviews (Sunset 
Review).

----------------------------------------------------------------------------------------------------------------
                                                                        Department contact
----------------------------------------------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
Ammonium Sulfate from China A-570-049 (1st        Thomas Martin, (202) 482-3936.
 Review).
Amorphous Silica Fabric from China A-570-038      Jacky Arrowsmith, (202) 482-5255.
 (1st Review).
Artist Canvas from China A-570-899 (3rd Review).  Mary Kolberg, (202) 482-1785.
Biaxial Integral Geogrid Products from China A-   Thomas Martin, (202) 482-3936.
 570-036 (1st Review).
Off-The-Road Tires from India A-533-869 (1st      Thomas Martin, (202) 482-3936.
 Review).
         Countervailing Duty Proceedings
 
Ammonium Sulfate from China C-570-050 (1st        Thomas Martin, (202) 482-3936.
 Review).
Amorphous Silica Fabric from China C-570-039      Jacky Arrowsmith, (202) 482-5255.
 (1st Review).
Biaxial Integral Geogrid Products from China C-   Thomas Martin, (202) 482-3936.
 570-037 (1st Review).
Off-The-Road Tires from India C-533-870 (1st      Jacky Arrowsmith, (202) 482-5255.
 Review).
            Suspended Investigations
 
No Sunset Review of suspended investigations is
 scheduled for initiation in February 2022.
----------------------------------------------------------------------------------------------------------------

    Commerce's procedures for the conduct of Sunset Review are set 
forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) 
Review provides further information regarding what is required of all 
parties to participate in Sunset Review.
    Pursuant to 19 CFR 351.103(c), Commerce will maintain and make 
available a service list for these proceedings. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact 
Commerce in writing within 10

[[Page 73]]

days of the publication of the Notice of Initiation.
    Please note that if Commerce receives a Notice of Intent to 
Participate from a member of the domestic industry within 15 days of 
the date of initiation, the review will continue.
    Thereafter, any interested party wishing to participate in the 
Sunset Review must provide substantive comments in response to the 
notice of initiation no later than 30 days after the date of 
initiation. Note that Commerce has modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\1\
---------------------------------------------------------------------------

    \1\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: December 14, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
    Opportunity To Request a Review: Not later than the last day of 
January 2022,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in January for the following periods:
---------------------------------------------------------------------------

    \2\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when Commerce is closed.

------------------------------------------------------------------------
                                                     Period to review
------------------------------------------------------------------------
          Antidumping Duty Proceedings
 
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-         1/1/21-12/31/21
 806...........................................
BRAZIL: Prestressed Concrete Steel Wire Stand,           1/1/21-12/31/21
 A-351-837.....................................
CANADA: Softwood Lumber, A-122-857.............          1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, A-428-          7/23/20-12/31/21
 847...........................................
INDIA: Prestressed Concrete Steel Wire Strand,           1/1/21-12/31/21
 A-533-828.....................................
    Polyester Textured Yarn, A-533-885.........          1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, A-475-840         7/23/20-12/31/21
MEXICO: Prestressed Concrete Steel Wire Strand,          1/1/21-12/31/21
 A-201-831.....................................
REPUBLIC OF KOREA: Prestressed Concrete Steel            1/1/21-12/31/21
 Wire Strand, A-580-852........................
RUSSIA: Carbon and Alloy Steel Wire Rod, A-821-          1/1/21-12/31/21
 824...........................................
SOUTH AFRICA: Ferrovanadium, A-791-815.........          1/1/21-12/31/21
THAILAND: Prestressed Concrete Steel Wire                1/1/21-12/31/21
 Strand, A-549-820.............................
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/21-12/31/21
 Hypochlorite, A-570-008.......................
    Carbon and Certain Alloy Steel Wire Rod, A-          1/1/21-12/31/21
     570-012...................................
    Certain Crepe Paper Products, A-570-895....          1/1/21-12/31/21
    Certain Hardwood Plywood Products, A-570-            1/1/21-12/31/21
     051.......................................
    Ferrovanadium, A-570-873...................          1/1/21-12/31/21
    Folding Gift Boxes, A-570-866..............          1/1/21-12/31/21
    Polyester Textured Yarn, A-570-097.........          1/1/21-12/31/21
    Potassium Permanganate, A-570-001..........          1/1/21-12/31/21
    Wooden Bedroom Furniture, A-570-890........          1/1/21-12/31/21
UNITED ARAB EMIRATES: Carbon and Alloy Steel             1/1/21-12/31/21
 Wire Rod, A-520-808...........................
 
        Countervailing Duty Proceedings
 
ARGENTINA: Biodiesel, C-357-821................          1/1/21-12/31/21
CANADA: Softwood Lumber, C-122-858.............          1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, C-428-      5/26/2020-12/31/2021
 848...........................................
INDIA: Polyester Textured Yarn, C-533-886......          1/1/21-12/31/21
    Forged Steel Fluid End Blocks, C-533-894...     5/26/2020-12/31/2021
INDONESIA: Biodiesel, C-560-831................          1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, C-475-841     5/26/2020-12/31/2021
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/21-12/31/21
 Hypochlorite, C-570-009.......................
    Carbon and Certain Alloy Steel Wire Rod, C-          1/1/21-12/31/21
     570-013...................................
    Circular Welded Carbon Quality Steel Line            1/1/21-12/31/21
     Pipe, C-570-936...........................
    Certain Hardwood Plywood Products, C-570-            1/1/21-12/31/21
     052.......................................
    Certain Oil Country Tubular Goods, C-570-            1/1/21-12/31/21
     944.......................................
    Certain Tool Chests and Cabinets, C-570-057          1/1/21-12/31/21
    Forged Steel Fluid End Blocks, C-570-116...     5/26/2020-12/31/2021
    Polyester Textured Yarn, C-570-098.........          1/1/21-12/31/21
 
             Suspension Agreements
 
RUSSIA: Certain Cut To Length Carbon Steel               1/1/21-12/31/21
 Plate, A-821-808..............................
------------------------------------------------------------------------

    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a review. In addition, a domestic interested 
party or an interested party described in section 771(9)(B) of the Act 
must state why it desires the Secretary to review those particular 
producers or exporters. If the interested party intends for the 
Secretary to review sales of merchandise by an exporter (or a producer 
if that producer also exports merchandise from other suppliers) which 
was produced in more than one country of origin and each country of 
origin is subject to a separate order, then the interested party must 
state specifically, on an order-by-order basis, which exporter(s) the 
request is intended to cover.

[[Page 74]]

    Note that, for any party Commerce was unable to locate in prior 
segments, Commerce will not accept a request for an administrative 
review of that party absent new information as to the party's location. 
Moreover, if the interested party who files a request for review is 
unable to locate the producer or exporter for which it requested the 
review, the interested party must provide an explanation of the 
attempts it made to locate the producer or exporter at the same time it 
files its request for review, in order for the Secretary to determine 
if the interested party's attempts were reasonable, pursuant to 19 CFR 
351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice 
with respect to the collection of final antidumping duties on imports 
of merchandise where intermediate firms are involved. The public should 
be aware of this clarification in determining whether to request an 
administrative review of merchandise subject to antidumping findings 
and orders.\3\
---------------------------------------------------------------------------

    \3\ See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-and-countervailing-duties.
---------------------------------------------------------------------------

    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
reviews.\4\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity.\5\ In administrative reviews of antidumping 
duty orders on merchandise from NME countries where a review of the NME 
entity has not been initiated, but where an individual exporter for 
which a review was initiated does not qualify for a separate rate, 
Commerce will issue a final decision indicating that the company in 
question is part of the NME entity. However, in that situation, because 
no review of the NME entity was conducted, the NME entity's entries 
were not subject to the review and the rate for the NME entity is not 
subject to change as a result of that review (although the rate for the 
individual exporter may change as a function of the finding that the 
exporter is part of the NME entity). Following initiation of an 
antidumping administrative review when there is no review requested of 
the NME entity, Commerce will instruct CBP to liquidate entries for all 
exporters not named in the initiation notice, including those that were 
suspended at the NME entity rate.
---------------------------------------------------------------------------

    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \5\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS website 
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\7\
---------------------------------------------------------------------------

    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Commerce will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of January 2022. If Commerce does not receive, by the 
last day of January 2022, a request for review of entries covered by an 
order, finding, or suspended investigation listed in this notice and 
for the period identified above, Commerce will instruct CBP to assess 
antidumping or countervailing duties on those entries at a rate equal 
to the cash deposit of estimated antidumping or countervailing duties 
required on those entries at the time of entry, or withdrawal from 
warehouse, for consumption and to continue to collect the cash deposit 
previously ordered.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional-measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.

Establishment of and Updates to the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\8\ On September 
27, 2021, Commerce also published the notice entitled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\9\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\10\
---------------------------------------------------------------------------

    \8\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \9\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \10\ Id.
---------------------------------------------------------------------------

    In accordance with the Procedural Guidance, for orders published in 
the Federal Register before November 4, 2021, Commerce created an 
annual inquiry service list segment for each order and suspended 
investigation. Interested parties who wished to be added to the annual 
inquiry service list for an order submitted an entry of appearance to 
the annual inquiry service list segment for the order in ACCESS, and on 
November 4, 2021, Commerce finalized the initial annual inquiry service 
lists for each order and suspended investigation. Each annual inquiry 
service list has been saved as a public service list in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
---------------------------------------------------------------------------

    \11\ This segment has been combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
---------------------------------------------------------------------------

    As mentioned in the Procedural Guidance, beginning in January 2022, 
Commerce will update these annual inquiry service lists on an annual 
basis

[[Page 75]]

when the Opportunity Notice for the anniversary month of the order or 
suspended investigation is published in the Federal Register.\12\ 
Accordingly, Commerce will update the annual inquiry service lists for 
the above-listed antidumping and countervailing duty proceedings. All 
interested parties wishing to appear on the updated annual inquiry 
service list must take one of the two following actions: (1) New 
interested parties who did not previously submit an entry of appearance 
must submit a new entry of appearance at this time; (2) Interested 
parties who were included in the preceding annual inquiry service list 
must submit an amended entry of appearance to be included in the next 
year's annual inquiry service list. For these interested parties, 
Commerce will change the entry of appearance status from ``Active'' to 
``Needs Amendment'' for the annual inquiry service lists corresponding 
to the above-listed proceedings. This will allow those interested 
parties to make any necessary amendments and resubmit their entries of 
appearance. If no amendments need to be made, the interested party 
should indicate in the area on the ACCESS form requesting an 
explanation for the amendment that it is resubmitting its entry of 
appearance for inclusion in the annual inquiry service list for the 
following year. As mentioned in the Final Rule,\13\ once the 
petitioners and foreign governments have submitted an entry of 
appearance for the first time, they will automatically be added to the 
updated annual inquiry service list each year.
---------------------------------------------------------------------------

    \12\ See Procedural Guidance, 86 FR at 53206.
    \13\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------

[FR Doc. 2021-28406 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.