Federal Register - January 25, 2021
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Fuente: Federal Register
6866
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices
brief from TG Tools.2 On July 1, 2020, we received a rebuttal brief from ArcelorMittal USA LLC the petitioner.3
Scope of the Order The merchandise subject to this order is certain carbon and alloy steel hotrolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances cut-tolength plate. For a full description of the scope, see the Issues and Decision Memorandum.4
analysis led us to conclude that TG
Tools single POR sale is not representative of TG Tools typical selling practices for subject merchandise.
Because we have determined that TG
Tools had no bona fide sales during the POR, we are rescinding this administrative review.
Assessment Rate
jbell on DSKJLSW7X2PROD with NOTICES
Because Commerce is rescinding this administrative review, we have not calculated a company-specific dumping margin for TG Tools. TG Tools remains part of the China-wide entity and the Analysis of Comments Received entry of its subject merchandise during All issues raised in case briefs are the POR will be assessed antidumping listed in the appendix to this notice and duties at the China-wide entity rate. The are addressed in the Issues and Decision China-wide entity rate is 68.27 percent.5
Memorandum. The Issues and Decision Consistent with its recent notice,6
Memorandum is a public document and Commerce intends to issue assessment is made available to the public via instructions to CBP no earlier than 35
Enforcement and Compliances days after the date of publication of this Antidumping and Countervailing Duty rescission notice in the Federal Centralized Electronic Service System Register. If a timely summons is filed at ACCESS. ACCESS is available to the U.S. Court of International Trade, registered users at https
the assessment instructions will direct access.trade.gov. In addition, a complete CBP not to liquidate relevant entries version of the Issues and Decision until the time for parties to file a request Memorandum is available at http
for a statutory injunction has expired enforcement.trade.gov/frn/.
i.e., within 90 days of publication.
Bona Fides Analysis Cash Deposit Requirements In the Preliminary Results, we found As noted above, Commerce is that TG Tools did not have a bona fide rescinding this administrative review.
sale of CTL plate during the POR. After Thus, we have not calculated a analyzing comments from interested company-specific dumping margin for parties, we continue to find that TG
TG Tools. Therefore, entries of TG
Tools did not have a bona fide sale of Tools subject merchandise continue to CTL plate during the POR. We reached be subject to the China-wide entity cash this conclusion based on multiple deposit rate of 68.27 percent. This cash factors, including: 1 The low quantity deposit requirement shall remain in and high price of the sale; 2 atypical effect until further notice.
timing of the sale; 3 the excessive profit made by TG Tools importer on Administrative Protective Order the resale; and 4 other considerations, This notice also serves as a final such as the fact that TG Tools made reminder to parties subject to only a single sale of subject administrative protective order APO of merchandise during the POR, which their responsibility concerning the was a trial sale of a specialty product, return or destruction of proprietary and TG Tools importer had not information disclosed under APO in previously purchased the subject accordance with 19 CFR 351.305a3, merchandise and made no subsequent which continues to govern business purchases of the specialty product or proprietary information in this segment any other subject merchandise. Our of the proceeding. Timely written notification of the return or destruction 2 See TG Tools Letter, Administrative Review of the Antidumping Duty Order on Carbon and Alloy of APO materials, or conversion to Steel Cut-to-Length Plate from the Peoples judicial protective order is hereby Republic of China: Case Brief, dated June 22, 2020.
requested. Failure to comply with the 3 See Petitioners Letter, Carbon and Alloy Steel Cut-To-Length Plate from the Peoples Republic of China: Petitioners Rebuttal Brief, dated July 1, 2020.
4 See Memorandum, Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Carbon and Alloy Steel Cut-To-Length Plate from the Peoples Republic of China; 20182019, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.
VerDate Sep<11>2014
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5 See Certain Carbon and Alloy Steel Cut-ToLength Plate from the Peoples Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value, 82 FR 8510 January 26, 2017.
6 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 January 15, 2021.
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regulations and terms of an APO is a violation which is subject to sanction.
Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR
351.402f2 to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR.
Failure to comply with this requirement could result in Commerces presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751a1 and 777i1 of the Tariff Act of 1930, as amended, and 19 CFR
351.213h1 and 19 CFR 351.221b5.
Dated: January 19, 2021.
Jeffrey I. Kessler, 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. Discussion of the Issues Comment 1: Whether Commerce Has Legal Authority to Apply Bona Fides Sales Analysis in Administrative Reviews Comment 2: Whether Record Evidence Supports Finding that TG Tools U.S.
Sale was not Bona Fide Comment 3: Whether Commerce Should Apply AFA for Importers Failure to Provide Requested Information Comment 4: Surrogate Country and Surrogate Values Selection V. Recommendation FR Doc. 202101529 Filed 12221; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration C489502
Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2018
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce determines that Borusan Holding A.S., Borusan Mannesmann Yatirim Holding, Borusan Mannesmann AGENCY:
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