Federal Register - January 28, 2021
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Source: Federal Register
7364
Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
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 an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually in an administrative review. Section 735c5A of the Act states that the all-others rate should be calculated by averaging the weightedaverage dumping margins for individually-examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available. Section 735c5B of the Act provides that where all rates are zero, de minimis, or based entirely on facts available, Commerce may use any reasonable method for assigning a rate to non-examined respondents.
However, for these preliminary results, we have not calculated any individual rates or assigned a companyspecific rate based on facts available.
Therefore, consistent with our recent practice,6 we preliminary assigned to the non-individually examined company that demonstrated its eligibility for a separate rate the most recently assigned separate rate in this proceeding i.e., 1.78 percent.7
Commerce preliminarily determines that the following weighted-average dumping margins exist for the period April 1, 2019, through March 31, 2020:
Weightedaverage dumping margin percent
Exporter
KaiPing Dawn Plumbing Products Inc
1.78
6 See, e.g., Shenzhen Xinboda Industrial Co., Ltd., v. United States, Court No. 1500179, Slip Op. CIT
2016; see also Certain Steel Threaded Rod From the Peoples Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Rescission of Antidumping Duty Administrative Review, in Part; 20152016, 82 FR
21189, 21192 May 5, 2017, unchanged in Certain Steel Threaded Rod From the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 20152016, 82 FR 51611
November 7, 2017; and Certain Frozen Fish Fillets From the Socialist Republic of Vietnam:
Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014
2015, 81 FR 64131, 64133 September 19, 2016, unchanged in Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 20142015, 82 FR 15181
March 27, 2017.
7 See Drawn Stainless Steel Sinks from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 2017
2018, 85 FR 11341 February 27, 2020.
VerDate Sep<11>2014
17:16 Jan 27, 2021
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Disclosure and Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.8
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.9 Parties who submit case brief 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.10 Case and rebuttal briefs should be filed using ACCESS.11
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.12 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, parties will be notified of the time and date for the hearing to be held.13
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, until further notice.14
Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of all issues raised in the case briefs, not later than 120 days after the date of publication of this notice, unless otherwise extended.15
Assessment Rates Upon issuance completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection CBP shall assess, 8 See
19 CFR 351.309c.
19 CFR 351.309d; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19, 85 FR 17006 March 26, 2020, and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020
collectively, Temporary Rule.
10 See 19 CFR 351.309c2.
11 See 19 CFR 351.303.
12 See 19 CFR 351.310c.
13 See 19 CFR 351.310d.
14 See 19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements; and Temporary Rule.
15 See section 751a3A of the Act.
9 See
PO 00000
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Fmt 4703
Sfmt 4703
antidumping duties on all appropriate entries covered by this review.16 For the final results, if we continue to treat the following companies as part of Chinawide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.45 percent to all entries of subject merchandise during the POR that were produced and/or exported by those companies: G-Top; Kohler; New Star;
Pioneer; and Superte. For the company receiving a separate rate, we intend to assign an assessment rate of 1.78
percent, consistent with the methodology described above.
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 upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751a2C of the Act: 1 For the company listed above that has a separate rate, the cash deposit rate will be that rate established in the final results of this review except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company; 2 for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be equal to the exporter-specific weighted-average dumping margin published of the most recently-completed segment of this proceeding; 3 for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for China-wide entity, 76.45
percent; and 4 for all exporters of subject merchandise which are not located in China and which are not eligible for a separate rate, the cash deposit rate will be the rate applicable to Chinese exporters that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
16 See
E:FRFM28JAN1.SGM
19 CFR 351.212b1.
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