Federal Register - July 6, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review POR, it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https access.trade.gov, in accordance with 19 CFR 351.303.1 Such submissions are subject to verification, in accordance with section 782i of the Tariff Act of 1930, as amended the Act.
Further, in accordance with 19 CFR
351.303f1i, a copy must be served on every party on Commerces service list.
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 POR. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments.
In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777Ac2 of the Act, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be collapsed e.g., treated as a single entity for purposes of calculating antidumping duty rates require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 July 6, 2011.
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there has been a determination to collapse certain companies in a previous segment of this AD proceeding e.g., investigation, administrative review, new shipper review, or changed circumstances review. For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes.
Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: a Identify which companies subject to review previously were collapsed; and b provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value Q&V
Questionnaire for purposes of respondent selection, in general, each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted.
Respondent SelectionAluminum Extrusions From the Peoples Republic of China In the event Commerce limits the number of respondents for individual examination in the administrative review of the antidumping duty order on aluminum extrusions from the Peoples Republic of China China, Commerce intends to select respondents based on volume data contained in responses to Q&V questionnaires.
Further, Commerce intends to limit the number of Q&V questionnaires issued in the review based on CBP data for U.S.
imports of aluminum extrusions from China. The extremely wide variety of individual types of aluminum extrusion products included in the scope of the order on aluminum extrusions would preclude meaningful results in attempting to determine the largest China exporters of subject merchandise by volume. Therefore, Commerce will limit the number of Q&V questionnaires issued based on the import values in CBP data which will serve as a proxy for imported quantities. Parties subject to the review to which Commerce does not send a Q&V questionnaire may file a response to the Q&V questionnaire by the applicable deadline if they desire to
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be included in the pool of companies from which Commerce will select mandatory respondents. The Q&V
questionnaire will be available on Commerces website at http trade.gov/
enforcement/news.asp on the date of publication of this notice in the Federal Register. The responses to the Q&V
questionnaire must be received by Commerce within 14 days of publication of this notice. Please be advised that due to the time constraints imposed by the statutory and regulatory deadlines for antidumping duty administrative reviews, Commerce does not intend to grant any extensions for the submission of responses to the Q&V
questionnaire. Parties will be given the opportunity to comment on the CBP
data used by Commerce to limit the number of Q&V questionnaires issued.
We intend to release the CBP data under APO to all parties having an APO
within seven days of publication of this notice in the Federal Register.
Commerce invites comments regarding CBP data and respondent selection within five days of placement of the CBP data on the record.
Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213d1, a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of a particular market situation PMS for purposes of constructed value under section 773e of the Act.2 Section 773e of the Act states that if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. When an interested party submits a PMS allegation pursuant to section 773e of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301c2v.
If Commerce finds that a PMS exists 2 See Trade Preferences Extension Act of 2015, Public Law 11427, 129 Stat. 362 2015.
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