Federal Register - August 4, 2021
Versión en texto ¿Qué es?Dateas es un sitio independiente no afiliado a entidades gubernamentales. La fuente de los documentos PDF aquí publicados es la entidad gubernamental indicada en cada uno de ellos. Las versiones en texto son transcripciones no oficiales que realizamos para facilitar el acceso y la búsqueda de información, pero pueden contener errores o no estar completas.
Fuente: Federal Register
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices weighted-average dumping margin for companies which were not selected for individual examination in an administrative review. Under section 735c5A of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis i.e., less than 0.5 percent, or determined entirely on the basis of facts available.
Consistent with section 735c5A
of the Act, we determined the weightedaverage dumping margin for each of the non-selected companies by using the weighted-average dumping margins calculated for NVR and OTS in this administrative review.
Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.9
Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.10
Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.11 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.12 Case and rebuttal briefs should be filed using ACCESS.13
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS within 30 days after the date of publication of this notice.14 Hearing requests should contain: 1 The partys name, address, and telephone number;
2 the number of participants; and 3
a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.15 Parties should confirm the date, time, and location of lotter on DSK11XQN23PROD with NOTICES1
9 See
19 CFR 351.224b.
19 CFR 351.309c.
11 Commerce is exercising its discretion, under 19
CFR 351.309d1, to alter the time limit for filing of rebuttal briefs.
12 See 19 CFR 351.309c2 and d2.
13 See 19 CFR 351.303.
14 See 19 CFR 351.310c.
15 See 19 CFR 351.310d.
10 See
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
the hearing two days before the scheduled date.
An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information.16
Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless otherwise extended.17
Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.18
Pursuant to 19 CFR 351.212b1, where the respondent reported the entered value of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondent did not report entered value or reported amounts based on estimated sales data, we calculated the entered value in order to calculate the assessment rate. Where either the respondents weighted-average dumping margin is zero or de minimis, within the meaning of 19 CFR 351.106c1, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For the companies that were not selected for individual review, we will assign an assessment rate based on the average of the cash deposit rates calculated for NVR and OTS, excluding any rates that are zero, de minimis, or determined entirely based on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.
Commerces automatic assessment will apply to entries of subject merchandise during the POR produced 16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
17 See Section 751a3A of the Act.
18 See 19 CFR 351.212b.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
41955
by companies included in the final results of this review for which the reviewed companies did not know that the merchandise they sold to the intermediary e.g., a reseller, trading company, or exporter was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate companyies involved in the transaction.19
Further, if we continue to find, in the final results, that Lyman had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries that entered under their AD case number i.e., at that exporters rate or at the allothers rate, if there is no rate for the intermediate companyies involved in the transaction.
Consistent with its recent notice,20
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 deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751a2C of the Act: 1 The cash deposit rate for the exporters listed above will be equal to the weightedaverage dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106c1, in which case the cash deposit rate will be zero; 2 for companies not participating in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment; 3 if the exporter is not a firm covered in this review or the original less-than-fair19 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
May 6, 2003.
20 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.
E:FRFM04AUN1.SGM
04AUN1