Federal Register - August 6, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
China-Wide Entity We preliminarily find that the 85
companies subject to this review and identified in Appendix III to this notice are part of the China-wide entity in this administrative review because they failed to submit an SRA, SRC, or certification of no shipments.
Commerces policy regarding conditional review of the China-wide entity applies to this administrative review.13 Under this policy, the Chinawide 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 the instant review, and because Commerce did not self-initiate such a review, the entity is not under review, and the entitys current rate i.e., 86.01
percent 14 is not subject to change.
Adjustments for Countervailable Subsidies Because no company established eligibility for an adjustment under section 777Af of the Act for countervailable domestic subsidies, for these preliminary results, Commerce did not make an adjustment pursuant to section 777Af of the Act for countervailable domestic subsidies for any companies under review.
Furthermore, because the China-wide entity is not under review, we made no adjustment for countervailable export subsidies for the China-wide entity pursuant to section 772c1C of the Act.
Disclosure and Public Comment Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary results within five days of the public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR
351.224b. However, because Commerce did not calculate weightedaverage dumping margins for any companies in this review, nor for the China-wide entity, there is nothing further to disclose. This satisfies our regulatory obligation.
Interested parties may submit case briefs no later than 30 days after the
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13 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, 65970 November 4, 2013.
14 See Aluminum Extrusions from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 20182019, 85 FR
19726, 19728 April 8, 2020.
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date of publication of this notice.15
Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the case briefs are filed.16 Parties who submit case or rebuttal briefs in this review are requested to submit with each argument: 1 A statement of the issue, 2 a brief summary of the argument, and 3 a table of authorities.17
Any interested party may request a hearing within 30 days of publication of this notice.18 Hearing requests should contain the following information: 1
The partys name, address, and telephone number; 2 the number of participants; and 3 a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the case and rebuttal briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held.19
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.20
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in any briefs received, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751a3A of the Act.
Assessment Rates Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by this review.21 If a respondents weightedaverage dumping margin is not zero or de minimis i.e., less than 0.50 percent in the final results of this review, we intend to calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importers examined sales and the total entered value of the importers sales in accordance with 19
CFR 351.212b1. If the respondents weighted-average dumping margin is 15 See
19 CFR 351.309c1ii.
19 CFR 351.309d; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR
41363 July 10, 2020 Temporary Rule.
17 See 19 CFR 351.309c2 and d2.
18 See 19 CFR 351.310c.
19 See 19 CFR 351.310d.
20 See Temporary Rule.
21 See 19 CFR 351.212b1.
16 See
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zero or de minimis in the final results, or if an importer-specific assessment rate is zero or de minimis, then we will instruct CBP to liquidate the appropriate entries without regards to antidumping duties.
Consistent with its recent notice,22
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. The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable.
We intend to instruct CBP to liquidate entries containing subject merchandise exported by the China-wide entity at the China-wide rate. Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporters case number will be liquidated at the China-wide rate.23
For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212c1i. Commerce intends to issue assessment instructions to CBP
for those companies 35 days after publication of this notice.
Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties, when imposed, will apply to all shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751a2C of the Act: 1 If the companies preliminarily determined to be eligible for a separate rate receive a separate rate in the final results of this administrative review, their cash deposit rate will be equal to the 22 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.
23 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76
FR 65694 October 24, 2011.
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