Federal Register - August 5, 2021
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Source: Federal Register
42786
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices
by dividing the total amount of dumping calculated for the examined sales made to that importer by the total quantity associated with those transactions. Where an importer-specific ad valorem assessment rate is zero or de minimis in the final results of review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with 19 CFR 351.106c2. If a respondents weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., where the weightedaverage margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed. 10
In accordance with Commerces automatic assessment practice, for entries of subject merchandise during the POR produced by any of the abovereferenced respondents for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate in the original lessthan-fair-value LTFV investigation as amended 11 if there is no rate for the intermediate companyies involved in the transaction.12
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.
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Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of 10 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8102
February 14, 2012 Final Modification for Reviews.
11 See Order; Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, 83 FR 39054 August 8, 2018 Timken and Amended Final Results.
12 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
May 6, 2003.
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publication, as provided by section 751a2C of the Act: 1 The cash deposit rate for each specific company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent, and therefore de minimis within the meaning of 19 CFR 351.106c1, in which case the cash deposit rate will be zero; 2 for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; 3 if the exporter is not a firm covered in this review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the most recent segment for the producer of the merchandise; and 4
the cash deposit rate for all other producers and exporters will continue to be 8.31 percent, the all-others rate established in the LTFV investigation as amended.13 These deposit requirements, when imposed, shall remain in effect until further notice.
Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results of review to interested parties within five days of the date of publication of this notice in accordance with 19 CFR
351.224b. 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. Rebuttal briefs, the content of which is limited to issues raised in the case briefs, may be filed no 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 Case and rebuttal briefs should be filed using ACCESS 16 and must be served on interested parties.17 Executive summaries should be limited to five pages total, including footnotes.
13 See
Certain Corrosion-Resistant Steel Products from India, Italy, the Peoples Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR
48390 July 25, 2016, as amended by Timken and Amended Final Results.
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.
15 See 19 CFR 351.309c2 and d2.
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303f.
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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 Commerces electronic records system, ACCESS, within 30 days after the date of publication of this notice.18 Requests should contain: 1 The partys name, address and telephone number; 2 the number of participants; and 3 a list of issues parties intend to discuss. 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 a hearing at a time and date to be determined.19 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
All submissions to Commerce must be filed using ACCESS 20 and must be served on interested parties.21 An electronically filed document must be received successfully in its entirety by Commerces electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the date that the document is due.
Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.22
Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any case or rebuttal briefs, no later than 120 days after the date of publication of this notice, unless this deadline is extended.23
Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR
351.402f2 to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerces presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties We are issuing and publishing these results in accordance with sections 18 See
19 CFR 351.310c.
19 CFR 351.310d.
20 See 19 CFR 351.303.
21 See 19 CFR 351.303f.
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
23 See section 751a3A of the Act; and 19 CFR
351.213h.
19 See
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