Federal Register - February 1, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices with section 772a of the Act. Because Vietnam is a non-market economy within the meaning of section 77118 of the Act, Commerce has calculated normal value NV in accordance with section 773c of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances In accordance with sections 733e1Ai and ii of the Act, and 19
CFR 351.206, Commerce preliminary finds that critical circumstances do not exist for Hailiang Vietnam Copper Manufacturing Company Limited/
Hongkong Hailiang Metal Trading Limited, for the non-individually investigated companies qualifying for a separate rate, and for the Vietnam-wide entity. For a full description of the methodology and results of Commerces critical circumstances analysis, see the Preliminary Decision Memorandum.
Combination Rates In the Initiation Notice,6 Commerce explained that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation.7
Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the POI:
Estimated weightedaverage dumping margin percent
Producer
Exporter
Hailiang Vietnam Copper Manufacturing Company Limited/
Hongkong Hailiang Metal Trading Limited aka Hong Kong Hailiang Metal Trading Limited.
Jintian Copper Industrial Vietnam Company Limited. aka Jintian Copper Industrial Vietnam Co., Ltd.
Toan Phat Copper Tube Joint Stock Company
Hailiang Vietnam Copper Manufacturing Company Limited/
Hongkong Hailiang Metal Trading Limited aka Hong Kong Hailiang Metal Trading Limited.
Jintian Copper Industrial Vietnam Company Limited. aka Jintian Copper Industrial Vietnam Co., Ltd.
Toan Phat Copper Tube Joint Stock Company
Vietnam-wide Entity
Suspension of Liquidation In accordance with section 733d2
of the Act, Commerce will direct U.S.
Customs and Border Protection CBP to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733d1B of the Act and 19 CFR
351.205d, Commerce will instruct CBP
to require a cash deposit equal to the weighted average amount by which NV
exceeds U.S. price, as indicated in the table above as follows: 1 For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weightedaverage dumping margin listed for that combination in the table; 2 for all combinations of Vietnam producers/
exporters of the merchandise under consideration that have not established eligibility for their own separate rate, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the Vietnamwide entity; and 3 for all third-country exporters of merchandise under 6 See
Initiation Notice.
Policy Bulletin No. 05.1, Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries, April 5, 2005 Policy 7 See
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Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any 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.
Verification As provided in section 782i1 of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation.
However, due to current travel restrictions in response to the global COVID19 pandemic, Commerce is unable to conduct on-site verification in Bulletin 05.1, available on Commerces website at http enforcement.trade.gov/policy/bull05-1.pdf.
8 See 19 CFR 351.309; see also 19 CFR 351.303
for general filing requirements.
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consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination or the Vietnam-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice.
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this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification.
Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on non-scope issues will be announced at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.8 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.9
Pursuant to 19 CFR 351.309c2 and d2, parties who submit case briefs or rebuttal briefs in this investigation 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.
Pursuant to 19 CFR 351.310c, interested parties who wish to request a 9 See 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.
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