Federal Register - August 2, 2021

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Source: Federal Register

41438

Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices Period Countervailing Duty Proceedings
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Canada: Utility Scale Wind Towers, C122868
India: Finished Carbon Steel Flanges, C533872
Indonesia: Utility Scale Wind Towers, C560834
Republic of Korea: Stainless Steel Sheet and Strip in Coils, C580835
Spain: Ripe Olives, C469818
Socialist Republic of Vietnam: Utility Scale Wind Towers, C552826
The Peoples Republic of China:
Cast Iron Soil Pipe Fittings, C570063
Laminated Woven Sacks, C570917
Light-Walled Rectangular Pipe and Tube, C570915
Passenger Vehicle and Light Truck Tires, C570017
Sodium Nitrite, C570926
Steel Propane Cylinders, C570087

Suspension Agreements None.
In accordance with 19 CFR
351.213b, an interested party as defined by section 7719 of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 7719B of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter or a producer if that producer also exports merchandise from other suppliers which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporters the request is intended to cover.
Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the partys location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested partys attempts were reasonable, pursuant to 19 CFR 351.303f3ii.
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68

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FR 23954 May 6, 2003, and NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694
October 24, 2011, Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3
Commerce no longer considers the non-market economy NME entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity.
However, in that situation, because no review of the NME entity was conducted, the NME entitys entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review although the rate for the individual 3 See the Enforcement and Compliance website at https legacy.trade.gov/enforcement/.
4 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 November 4, 2013.
5 In accordance with 19 CFR 351.213b1, parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request.

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exporter may change as a function of the finding that the exporter is part of the NME entity. Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate.
All requests must be filed electronically in Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS on Enforcement and Compliances ACCESS
website at https access.trade.gov.6
Further, in accordance with 19 CFR
351.303fli, a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.7
Commerce will publish in the Federal Register a notice of Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation for requests received by the last day of August 2021. If Commerce does not receive, by the last day of August 2021, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or 6 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 July 6, 2011.
7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19, 85 FR 41363 July 10, 2020.

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Federal Register - August 2, 2021

TitreFederal Register

PaysÉtats-Unis

Date02/08/2021

Page count328

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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