Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 425-427 [2021-28558]
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Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–61–2021]
Foreign-Trade Zone (FTZ) 261—
Alexandria, Louisiana, Authorization of
Production Activity, Avant Organics
LLC (Specialty Chemicals), Alexandria,
Louisiana
On September 1, 2021, Avant
Organics LLC submitted a notification of
proposed production activity to the FTZ
Board for its facility within FTZ 261, in
Alexandria, Louisiana.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (86 FR 50324,
September 8, 2021). On December 30,
2021, the applicant was notified of the
FTZ Board’s decision that no further
review of the activity is warranted at
this time. The production activity
described in the notification was
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: December 30, 2021.
Elizabeth Whiteman,
Acting Executive Secretary.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–093]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
certain producers and/or exporters
made sales of refillable stainless steel
kegs (kegs) at less than normal value
and that one company had no
shipments of subject merchandise
during the period of review (POR)
December 13, 2019, through November
30, 2020. Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable January 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Michael Romani and Konrad Ptaszynski,
AD/CVD Operations, Office I,
TKELLEY on DSK125TN23PROD with NOTICE
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Background
On December 16, 2019, we published
in the Federal Register an antidumping
duty order on kegs from the People’s
Republic of China (China).1 On
December 2, 2020, we published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On February 4, 2021, based
on timely requests for an administrative
review, Commerce initiated the
administrative review of the
antidumping duty order on kegs.3 The
administrative review covers 30
companies, which includes the
mandatory respondent, Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix).4
Scope of the Order
The products covered by this Order
are refillable stainless steel kegs. A full
description of the scope of the Order is
provided in the Preliminary Decision
Memorandum.5
Preliminary Determination of No
Shipments
One company that received a separate
rate in previous segments of the
proceeding and is subject to this review
did not have any exports of subject
merchandise during the POR.6 Based on
information on the record, we
preliminarily determine that Guangzhou
Jingye Machinery Co., Ltd. (Jingye)’s
had no shipments of subject
merchandise during the POR. Consistent
[FR Doc. 2021–28557 Filed 1–4–22; 8:45 am]
AGENCY:
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–6187, respectively.
SUPPLEMENTARY INFORMATION:
1 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany and the People’s
Republic of China: Antidumping Duty Orders, 84
FR 68405 (December 2, 2020) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 77431
(December 2, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
8166 (February 4, 2021) (Initiation Notice).
4 See Memorandum, ‘‘Administrative Review of
Refillable Stainless Steel Kegs from the People’s
Republic of China: Respondent Selection,’’ dated
May 12, 2021.
5 See Memorandum, ‘‘Refillable Stainless Steel
Kegs from the People’s Republic of China: Decision
Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Memorandum ‘‘U.S. Customs and Border
Protection (CBP) Data Release,’’ dated February 19,
2021 at Attachment 1; see also Memorandum ‘‘U.S.
Customs and Border Protection (CBP) Data
Release,’’ dated May 12, 2021 at Attachment 1.
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425
with our practice in non-market
economy (NME) cases, we are not
rescinding this review with respect to
these companies but, rather, intend to
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.7 For
additional information regarding these
preliminary determinations, see the
Preliminary Decision Memorandum.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,8 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 77.13 percent) is not
subject to change.9 Aside from the noshipment companies discussed above,
Commerce considers all other
companies for which a review was
requested (none of which filed a
separate rate application) listed in
Appendix II to this notice, to be part of
the China-wide entity.10
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. A list of
topics discussed in the Preliminary
Decision Memorandum is included as
an appendix to this notice. In addition,
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also the
‘‘Assessment Rates’’ section, below.
8 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).
9 See Order.
10 See Initiation Notice, 86 FR 8166, 8167
(January 11, 2018) (‘‘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.’’).
See Appendix II for the list of companies that are
subject to this administrative review that are
considered to be part of the China-wide entity.
E:\FR\FM\05JAN1.SGM
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Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices
a complete version of the Preliminary
Decision Memorandum can be found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the
Administrative Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the
administrative review covering the
period December 13, 2019, through
November 30, 2020:
Weightedaverage
dumping
margin
(percent)
Exporters
Guangzhou Ulix Industrial &
Trading Co., Ltd ......................
0.00
Disclosure
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Public Comment
TKELLEY on DSK125TN23PROD with NOTICE
Because Commerce intends to request
additional information after these
preliminary results, interested parties
will be provided an opportunity to
submit written comments (case briefs) at
a date to be determined by Commerce
and rebuttal comments (rebuttal briefs)
within seven days after the time limit
for filing case briefs.11 Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case
briefs.12 Commerce modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.13
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.14
11 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
Interested parties will be notified through ACCESS
regarding the deadline for submitting case briefs;
see also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020)).
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
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Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, no later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.15 If the preliminary results are
unchanged for the final results, we will
instruct CBP to apply an ad valorem
assessment rate of 77.13 percent to all
entries of subject merchandise during
the POR which were exported by the
companies listed in Appendix II of this
notice. If Commerce determines that an
exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the China-wide rate.16
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For the subject
merchandise exported by the company
listed above that has a separate rate, the
cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review (except, if the rate
is zero or de minimis, then zero cash
deposit will be required); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
15 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
16 See
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the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during these
PORs. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1)(B),
751(a)(3) and 777(i) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 29, 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 I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
VI. Adjustment Under Section 777A(f) of the
Act
VII. Recommendation
Appendix II
Companies that are subject to this
administrative review that are considered to
be part of the China-wide entity are:
1. Equipmentimes (Dalian) E-Commerce Co.,
Ltd.
2. Jinan HaoLu Machinery Equipment Co.,
Ltd.
3. NDL Keg Qingdao Inc.
4. Ningbo BestFriends Beverage Containers
Industry Co., Ltd.
5. Ningbo Chance International Trade Co.,
Ltd.
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Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices
6. Ningbo Direct Import & Export Co., Ltd.
7. Ningbo Haishu Direct Import and Export
Trade Co., Ltd.
8. Ningbo Haishu Xiangsheng Metal Factory
9. Ningbo Hefeng Container Manufacturer
Co., Ltd.
10. Ningbo Hefeng Kitchen Utensils
Manufacture Co., Ltd.
11. Ningbo HGM Food Machinery Co., Ltd.
12. Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.
13. Ningbo Kegco International Trade Co.,
Ltd.
14. Ningbo Minke Import & Export Co., Ltd.
15. Ningbo Sanfino Import & Export Co., Ltd.
16. Ningbo Shimaotong International Co.,
Ltd.
17. Ningbo Sunburst International Trading
Co., Ltd.
18. Orient Equipment (Taizhou) Co., Ltd.
19. Penglai Jinfu Stainless Steel Products
20. Qingdao Henka Precision Technology
Co., Ltd
21. Rain Star International Trading Dalian
Co., Ltd.
22. Shandong Tiantai Beer Equipment Co.,
Ltd.
23. Shandong Tonsen Equipment Co., Ltd.
24. Sino Dragon Group, Ltd.
25. Wenzhou Deli Machinery Equipment Co.
26. Wuxi Taihu Lamps and Lanterns Co., Ltd.
27. Yantai Toptech Ltd.
28. Yantai Trano New Material Co., Ltd
[FR Doc. 2021–28558 Filed 1–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States-Mexico-Canada
Agreement (USMCA), Article 10.12:
Binational Panel Review: Notice of
Request for Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of USMCA request for
panel review.
AGENCY:
A Request for Panel Review
was filed on behalf of the Government
of Canada, the Governments of Alberta,
British Columbia, New Brunswick,
Ontario, Que´bec; Alberta Softwood
Lumber Trade Council, British
Columbia Lumber Trade Council,
Conseil de l’Industrie Forestiere du
Que´bec, Ontario Forest Industries
Association; Canfor Corporation,
Fontaine, Inc., J.D. Irving, Limited,
Resolute FP Canada Inc., Tolko
Marketing and Sales Ltd. and Tolko
Industries Ltd., Gilbert Smith Forest
Products, and West Fraser Mills Ltd.
with the United States Section of the
USMCA Secretariat on December 28,
2021, pursuant to USMCA Article 10.12.
Panel Review was requested of the U.S.
International Trade Administration’s
TKELLEY on DSK125TN23PROD with NOTICE
SUMMARY:
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Final Results of the Countervailing Duty
Administrative Review (2019) in Certain
Softwood Lumber from Canada, which
was published in the Federal Register
on December 2, 2021. The USMCA
Secretariat has assigned case number
USA–CDA–2021–10.12–03 to this
request.
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, Acting United States
Secretary, USMCA Secretariat, Room
2061, 1401 Constitution Avenue NW,
Washington, DC 20230, 202–482–5438.
Article
10.12 of Chapter 10 of USMCA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Reviews), which were adopted by
the three governments for panels
requested pursuant to Article 10.12(2) of
USMCA which requires Requests for
Panel Review to be published in
accordance with Rule 40. For the
complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/
rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 44 no later than
30 days after the filing of the first
Request for Panel Review (the deadline
for filing a Complaint is January 27,
2022);
(b) A Party, an investigating authority
or other interested person who does not
file a Complaint but who intends to
participate in the panel review shall file
a Notice of Appearance in accordance
with Rule 45 no later than 45 days after
the filing of the first Request for Panel
Review (the deadline for filing a Notice
of Appearance is February 11, 2022);
(c) The panel review will be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
SUPPLEMENTARY INFORMATION:
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Dated: December 30, 2021.
Garrett Peterson,
International Trade Specialist, USMCA
Secretariat.
[FR Doc. 2021–28581 Filed 1–4–22; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Amended Final
Results of the Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the collapsed
entity, Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner
Mongolia Fufeng Biotechnologies Co.,
Ltd.)/Shandong Fufeng Fermentation
Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd. (collectively,
Fufeng) is eligible for separate rate
status. The period of review (POR) is
July 1, 2017, through June 30, 2018.
DATES: Applicable January 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 3, 2021, Commerce
published the amended preliminary
results of this administrative review of
the antidumping duty order on xanthan
gum from the People’s Republic of
China (China).1 This review covers the
POR, July 1, 2017, through June 30,
2018.2 No parties commented on the
Amended Preliminary Results.
Scope of the Order
The product covered by the Order is
dry xanthan gum, whether or not coated
or blended with other products, from
China (xanthan gum).3
1 See Xanthan Gum from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (Order).
2 See Xanthan Gum from the People’s Republic of
China: Amended Preliminary Results of the
Antidumping Duty Administrative Review; 2017–
2018, 86 FR 49512 (September 3, 2021) (Amended
Preliminary Results).
3 For a complete description of the scope of the
Order, see the Memorandum, ‘‘Xanthan Gum from
E:\FR\FM\05JAN1.SGM
Continued
05JAN1
]]>Agencies
[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 425-427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28558]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-093]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers and/or exporters made sales of refillable stainless
steel kegs (kegs) at less than normal value and that one company had no
shipments of subject merchandise during the period of review (POR)
December 13, 2019, through November 30, 2020. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable January 5, 2022.
FOR FURTHER INFORMATION CONTACT: Michael Romani and Konrad Ptaszynski,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, we published in the Federal Register an
antidumping duty order on kegs from the People's Republic of China
(China).\1\ On December 2, 2020, we published in the Federal Register a
notice of opportunity to request an administrative review of the
Order.\2\ On February 4, 2021, based on timely requests for an
administrative review, Commerce initiated the administrative review of
the antidumping duty order on kegs.\3\ The administrative review covers
30 companies, which includes the mandatory respondent, Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix).\4\
---------------------------------------------------------------------------
\1\ See Refillable Stainless Steel Kegs from the Federal
Republic of Germany and the People's Republic of China: Antidumping
Duty Orders, 84 FR 68405 (December 2, 2020) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 77431 (December 2, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation
Notice).
\4\ See Memorandum, ``Administrative Review of Refillable
Stainless Steel Kegs from the People's Republic of China: Respondent
Selection,'' dated May 12, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are refillable stainless steel
kegs. A full description of the scope of the Order is provided in the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Refillable Stainless Steel Kegs from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2019-2020,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
One company that received a separate rate in previous segments of
the proceeding and is subject to this review did not have any exports
of subject merchandise during the POR.\6\ Based on information on the
record, we preliminarily determine that Guangzhou Jingye Machinery Co.,
Ltd. (Jingye)'s had no shipments of subject merchandise during the POR.
Consistent with our practice in non-market economy (NME) cases, we are
not rescinding this review with respect to these companies but, rather,
intend to complete the review and issue appropriate instructions to CBP
based on the final results of the review.\7\ For additional information
regarding these preliminary determinations, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum ``U.S. Customs and Border Protection (CBP)
Data Release,'' dated February 19, 2021 at Attachment 1; see also
Memorandum ``U.S. Customs and Border Protection (CBP) Data
Release,'' dated May 12, 2021 at Attachment 1.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 77.13 percent) is not subject to change.\9\ Aside
from the no-shipment companies discussed above, Commerce considers all
other companies for which a review was requested (none of which filed a
separate rate application) listed in Appendix II to this notice, to be
part of the China-wide entity.\10\
---------------------------------------------------------------------------
\8\ 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).
\9\ See Order.
\10\ See Initiation Notice, 86 FR 8166, 8167 (January 11, 2018)
(``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.''). See Appendix II for the list
of companies that are subject to this administrative review that are
considered to be part of the China-wide entity.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. A list of topics
discussed in the Preliminary Decision Memorandum is included as an
appendix to this notice. In addition,
[[Page 426]]
a complete version of the Preliminary Decision Memorandum can be found
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the administrative review covering
the period December 13, 2019, through November 30, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping
margin
(percent)
------------------------------------------------------------------------
Guangzhou Ulix Industrial & Trading Co., Ltd............... 0.00
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Public Comment
Because Commerce intends to request additional information after
these preliminary results, interested parties will be provided an
opportunity to submit written comments (case briefs) at a date to be
determined by Commerce and rebuttal comments (rebuttal briefs) within
seven days after the time limit for filing case briefs.\11\ Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised
in the case briefs.\12\ Commerce modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\13\ Parties who submit case briefs or rebuttal briefs
in this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\14\
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\11\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested
parties will be notified through ACCESS regarding the deadline for
submitting case briefs; see also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\15\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate of 77.13 percent to all entries of
subject merchandise during the POR which were exported by the companies
listed in Appendix II of this notice. If Commerce determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the China-wide rate.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For the subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: December 29, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation
Appendix II
Companies that are subject to this administrative review that
are considered to be part of the China-wide entity are:
1. Equipmentimes (Dalian) E-Commerce Co., Ltd.
2. Jinan HaoLu Machinery Equipment Co., Ltd.
3. NDL Keg Qingdao Inc.
4. Ningbo BestFriends Beverage Containers Industry Co., Ltd.
5. Ningbo Chance International Trade Co., Ltd.
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6. Ningbo Direct Import & Export Co., Ltd.
7. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
8. Ningbo Haishu Xiangsheng Metal Factory
9. Ningbo Hefeng Container Manufacturer Co., Ltd.
10. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
11. Ningbo HGM Food Machinery Co., Ltd.
12. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
13. Ningbo Kegco International Trade Co., Ltd.
14. Ningbo Minke Import & Export Co., Ltd.
15. Ningbo Sanfino Import & Export Co., Ltd.
16. Ningbo Shimaotong International Co., Ltd.
17. Ningbo Sunburst International Trading Co., Ltd.
18. Orient Equipment (Taizhou) Co., Ltd.
19. Penglai Jinfu Stainless Steel Products
20. Qingdao Henka Precision Technology Co., Ltd
21. Rain Star International Trading Dalian Co., Ltd.
22. Shandong Tiantai Beer Equipment Co., Ltd.
23. Shandong Tonsen Equipment Co., Ltd.
24. Sino Dragon Group, Ltd.
25. Wenzhou Deli Machinery Equipment Co.
26. Wuxi Taihu Lamps and Lanterns Co., Ltd.
27. Yantai Toptech Ltd.
28. Yantai Trano New Material Co., Ltd
[FR Doc. 2021-28558 Filed 1-4-22; 8:45 am]
BILLING CODE 3510-DS-P
