Federal Register - November 4, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213d1, Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of the date of publication of notice of initiation of the requested review. On March 8, 2021, the Coalition of American Flange Producers the petitioner timely withdrew its request for an administrative review for 38
companies. No other party requested a review of these companies. For a complete list of the companies for which we are rescinding this review, see Appendix II. Accordingly, we are rescinding this review with respect to these companies, pursuant to 19 CFR
351.213d1.
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Rate for Non-Selected Companies The Act and Commerces regulations do not address the rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the all-others rate in a less-than-fair value LTFV investigation, for guidance when calculating the rate 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 any zero or de minimis margins, and any margins determined entirely on the basis of facts available. We preliminarily calculated a 5.78 percent dumping margin for Chandan and a 1.18
percent dumping margin for KDT, the mandatory respondents in this review, and we have assigned to the nonselected companies a rate of 5.28
percent, which is the weighted-average of Chandans and KDTs margins based on publicly ranged data.7 For additional 7 See, e.g., Xanthan Gum from the Peoples Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Partial Rescission; 20182019, 85 FR 75686, 74687
November 23, 2020, unchanged in Xanthan Gum from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 2018
2019, 86 FR 16189 March 26, 2021; Albemarle Corp. v. United States, 821 F. 3d 1345 Fed. Cir.
2016; and Emulsion Styrene-Butadiene Rubber from the Republic of Korea: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 20182019, 85 FR 39534 July 1, 2020, unchanged in Emulsion Styrene-Butadiene Rubber
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information, see the Preliminary Decision Memorandum at Rates for Non-Selected Companies.
Methodology Commerce is conducting this review in accordance with section 751a1 and 2 of the Act. We calculated export price and constructed export price in accordance with section 772 of the Act.
We calculated NV in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of Review We preliminarily determine the following weighted-average dumping margins exist for the period October 1, 2019, through September 30, 2020:
Exporter/producer
Chandan Steel Limited
Kisaan Die Tech Private Limited
Companies Not Individually Examined 8
Weightedaverage dumping margin percent 5.78
1.18
5.28
Assessment Rates Upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection CBP shall assess, antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212b1, because the individually-examined respondents reported the entered value for their U.S. sales, we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those same sales. Where either the respondents weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR
351.106c, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerces automatic assessment practice, for entries of subject merchandise during the POR produced by each respondent for which the company did not know From the Republic of Korea: Final Results of the Administrative Review of the Antidumping Duty Order; 20182019, 85 FR 67512 October 23, 2020;
see also Memorandum, Preliminary Results of the Antidumping Duty Administrative Review of Stainless Steel Flanges from India: Calculation of Margin for Respondents Not Selected for Individual Examination, dated October 29, 2021.
8 See Appendix III for a full list of companies not individually examined in this review.
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that the merchandise was destined for the United States, we will instruct CBP
to liquidate those entries at the allothers rate established in the original LTFV investigation i.e., 7.00 percent 9
if there is no rate for the intermediate companyies involved in the transaction.10
For the companies which were not selected for individual review, we intend to assign an assessment rate based on the review-specific average rate, calculated as noted in the Preliminary Results of Review section, above. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.11
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 cash 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 finals results of this administrative review, as provided by section 751a2C of the Act: 1
The cash deposit rate for the companies under review will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR
351.106c1 i.e., less than 0.50
percent, in which case the cash deposit rate will be zero; 2 for previously reviewed or investigated companies not in this review, the cash deposit rate will continue to be the company-specific rate published for the most recentlycompleted segment of this proceeding in which they were examined; 3 if the exporter is not a firm covered in this review, a prior review, or the original 9 See Stainless Steel Flanges from India: Notice of Court Decision Not in Harmony with the Final Determination of Antidumping Investigation; Notice of Amended Final Determination, 86 FR 50325
September 8, 2021 Amended Final.
10 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
May 6, 2003.
11 See section 751a2C of the Act.
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