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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Notices decisions regarding respondent selection within 20 days of publication of this notice.
Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.37 The specific requirements for submitting a separate-rate application in a China investigation are outlined in detail in the application itself, which is available on E&Cs website at http enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days after publication of this initiation notice.38 Producers/exporters who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerces AD questionnaire as mandatory respondents. Commerce requires that respondents from China submit a response to both the Q&V
questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration.
Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME
investigation. The Separate Rates and Combination Rates Bulletin states:

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while continuing the practice of assigning separate rates only to exporters, all separate rates that the Commerce will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of combination rates because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to 37 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving NME
Countries, April 5, 2005, available at http
enforcement.trade.gov/policy/bull05-1.pdf Policy Bulletin 05.1.
38 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301a, which states that the Secretary may request any person to submit factual information at any time during a proceeding, this deadline is now 30 days.

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an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.39

Distribution of Copies of the AD
Petition In accordance with section 732b3A of the Act and 19 CFR
351.202f, a copy of the public version of the Petition has been provided to the Government of China via ACCESS.
Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR
351.203c2.
ITC Notification Commerce will notify the ITC of our initiation, as required by section 732d of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of R125 from China are materially injuring, or threatening material injury to, a U.S. industry.40 A negative ITC
determination will result in the investigation being terminated.41
Otherwise, the investigation will proceed according to statutory and regulatory time limits.
Submission of Factual Information Factual information is defined in 19
CFR 351.102b21 as: i Evidence submitted in response to questionnaires;
ii evidence submitted in support of allegations; iii publicly available information to value factors under 19
CFR 351.408c or to measure the adequacy of remuneration under 19 CFR
351.511a2; iv evidence placed on the record by Commerce; and v evidence other than factual information described in iiv. Section 351.301b of Commerces regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102b21 the information is being submitted 42 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.43 Time limits for the submission of factual information are 39 See 40 See
Policy Bulletin 05.1 at 6 emphasis added.
section 733a of the Act.

41 Id.
42 See 43 See
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19 CFR 351.301b.
19 CFR 351.301b2.

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addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation.
Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR
351.301 or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301.
For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline including a specified time by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimelyfiled requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
September 20, 2013, available at http www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation.
Certification Requirements Any party submitting factual information in an AD or CVD
proceeding must certify to the accuracy and completeness of that information.44
Parties must use the certification formats provided in 19 CFR
351.303g.45 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.
Notification to Interested Parties Interested parties must submit applications for disclosure under APO
in accordance with 19 CFR 351.305. On 44 See
section 782b of the Act.
Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 July 17, 2013 Final Rule. Answers to frequently asked questions regarding the Final Rule are available at http enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
45 See
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