Federal Register - February 4, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices states that if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. When an interested party submits a PMS allegation pursuant to section 773e of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301c2v.
If Commerce finds that a PMS exists under section 773e of the Act, then it will modify its dumping calculations appropriately.
Neither section 773e of the Act nor 19 CFR 351.301c2v set a deadline for the submission of PMS allegations and supporting factual information.
However, in order to administer section 773e of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773e of the Act, it must do so no later than 20 days after submission of initial responses to section D of the questionnaire.
Separate Rates In proceedings involving non-market economy NME countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is Commerces policy to assign all exporters of merchandise subject to an administrative review in an NME
country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.
To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, Commerce analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, Commerce assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.
All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME
countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, Commerce requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on Commerces website at https enforcement.trade.gov/nme/
nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the Instructions for Filing the Certification in the Separate Rate Certification. Separate Rate Certifications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.
Entities that currently do not have a separate rate from a completed segment of the proceeding 3 should timely file a
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Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. In addition, companies that received a separate rate in a completed segment of the proceeding that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name,4 should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in this proceeding. The Separate Rate Application will be available on Commerces website at https
enforcement.trade.gov/nme/nme-seprate.html on the date of publication of this Federal Register notice. In responding to the Separate Rate Application, refer to the instructions contained in the application. Separate Rate Applications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Separate Rate Application applies equally to NMEowned firms, wholly foreign-owned firms, and foreign sellers that purchase and export subject merchandise to the United States.
For exporters and producers who submit a Separate Rate Application or Certification and subsequently are selected as mandatory respondents, these exporters and producers will no longer be eligible for separate rate status unless they respond to all parts of the questionnaire as mandatory respondents.
Initiation of Reviews:
In accordance with 19 CFR
351.221c1i, we are initiating administrative reviews of the following AD and CVD orders and findings. We intend to issue the final results of these reviews not later than December 31, 2021.
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Period to be reviewed AD Proceedings Oman: Circular Welded Carbon-Quality Steel Pipe, A523812
Al Samna Metal Manufacturing & Trading Company LLC
Bollore Logistics Oman LLC
Transworld Shipping Trading & Logistics Services LLC
Republic of Korea: Welded Line Pipe, A580876
AJU BESTEEL Co., Ltd.
BDP International, Inc.
Daewoo International Corporation Dong Yang Steel Pipe Dongbu Incheon Steel Co.
3 Such entities include entities that have not participated in the proceeding, entities that were preliminarily granted a separate rate in any currently incomplete segment of the proceeding e.g., an ongoing administrative review, new
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shipper review, etc. and entities that lost their separate rate in the most recently completed segment of the proceeding in which they participated.
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4 Only changes to the official company name, rather than trade names, need to be addressed via a Separate Rate Application. Information regarding new trade names may be submitted via a Separate Rate Certification.
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