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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices claim.9 Therefore, we preliminarily determine that this company did not have shipments of subject merchandise during the POR. Consistent with Commerces practice,10 Commerce finds that it is not appropriate to rescind the review with respect to this company, but rather, to complete the review and issue appropriate instructions to CBP
based on the final results of this review.
Methodology Commerce is conducting this review in accordance with section 751a of the Act. Export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice.
Preliminary Results of the Review We preliminarily determine that the following weighted-average dumping margins exist for the period of August 27, 2018, through April 30, 2020:
Weightedaverage dumping margin percent
Exporter or producer
Evraz Inc. NA
Non-Selected Companies Under Review 11

14.33
14.33

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Rate for Non-Selected Companies For the weighted-average dumping margin for non-selected respondents in an administrative review, generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the all-others rate in an investigation. 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 9 See Memorandum, No Shipment Inquiry with Respect to the Company below during the Period 08/27/2018 through 04/30/2020, dated August 20, 2020.
10 See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 20122013, 79 FR 15951, 15952 March 24, 2014, unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 20122013, 79 FR 51306
August 28, 2014.
11 See Appendix II.

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zero or de minimis margins, and any margins determined entirely on facts available. We preliminarily calculated a weighted-average dumping margin for Evraz that was not zero, de minimis, or based on facts available. Accordingly, we have preliminarily applied the weighted-average dumping margin calculated for Evraz as the weightedaverage dumping margin for the nonindividually examined companies.
Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to parties within five days after public announcement of the preliminary results.12
Pursuant to 19 CFR 351.309c, interested parties may submit case briefs no later than 30 days after the date of publication of this notice.13 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.14 Parties who submit case briefs 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.15
Executive summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS 16 and must be served on interested parties.17 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.18
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, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m.
Eastern Standard Time within 30 days after the date of publication of this notice. 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.
12 See
19 CFR 351.224b.
19 CFR 351.309c1ii.
14 See 19 CFR 351.309d1 and 2; 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.
15 See 19 CFR 351.309c2 and d2.
16 See 19 CFR 351.303.
17 See 19 CFR 351.303f.
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
13 See
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Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.
Assessment Rates Pursuant to section 751a2A of the Act and 19 CFR 351.212b1, Commerce will determine, and U.S.
Customs and Border Protection CBP
shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP 35 days after the date of publication of the final results of this administrative 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.
If Evrazs weighted-average dumping margin is above de minimis i.e., 0.50
percent, upon completion of the final results, Commerce will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importers examined sales to the total entered value of sales. Where we do not have entered values for all U.S. sales to a particular importer, we will calculate a per-unit assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer and dividing this amount by the total quantity sold to that importer.19 To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106c2, we calculate importer-specific ad valorem ratios based on the estimated entered value. Where Evrazs weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.20
For the companies which were not selected for individual examination, we intend to direct CBP to assess antidumping duties at a rate equal to the weighted-average dumping margin determined for Evraz in the final results.
For entries of subject merchandise during the POR produced by Evraz for 19 See
19 CFR 351.212b1.
19 CFR 352.106c2; see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8103
February 14, 2012.
20 See
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