Federal Register - September 2, 2021
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Source: Federal Register
49310
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
limited to those raised in the respective case and rebuttal briefs.12 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.13
Assessment Rates Pursuant to section 751a2A of the Act and 19 CFR 351.212b1, upon issuance of the final results, Commerce intends to determine, and U.S. Customs and Border Protection CBP shall assess, antidumping duties on all appropriate entries covered by this review. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.14
For any individually examined respondent whose weighted-average dumping margin is not de minimis i.e., less than 0.50 percent in the final results of this review, we intend to calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the importers examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212b1. Where we do not have entered values for all U.S. sales to a particular importer, we intend to calculate an importer-specific, ad valorem assessment rate on the basis of the ratio of the total amount of dumping calculated for the importers examined sales to the total quantity of those sales.15 We intend to instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate calculated in the final results of this review is not zero or de minimis. If a respondents weighted-average dumping margin is de minimis within the meaning of 19 CFR
12 See
19 CFR 351.310c.
section 751a3A of the Act and 19 CFR
351.213h1.
14 See section 751a2C of the Act.
15 In these preliminary results, Commerce applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101
February 14, 2012.
lotter on DSK11XQN23PROD with NOTICES1
13 See
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17:33 Sep 01, 2021
Jkt 253001
351.106c1, or an importer-specific rate is zero, we intend to instruct CBP
to liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR for which a respondent did not know that its merchandise was destined for the United States, we intend to instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction.
We intend to issue liquidation 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.
Cash Deposit Requirements
16 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia, 69 FR 48203
August 9, 2004.
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Fmt 4703
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This notice also 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 review period. 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 These preliminary results of review are issued and published in accordance with sections 751a1 and 777i1 of the Act, and 19 CFR 351.221b4.
Dated: August 27, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
Appendix
The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751a2C of the Act: 1
The cash deposit rate for the companies listed above, will be the rate established in the final results of the review if the rate is zero or de minimis, no cash deposit will be required; 2 for previously reviewed or investigated companies not covered by this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company was investigated or reviews; 3 if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value LTFV
investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and 4 the cash deposit rate for all other manufacturers and/or exporters will continue to be 84.94
percent, the all-others rate established in the LTFV investigation.16
These deposit requirements, when imposed, shall remain in effect until further notice.
PO 00000
Notification to Importers
List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation FR Doc. 202119004 Filed 9121; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce.
AGENCY:
Background Every five years, pursuant to the Tariff Act of 1930, as amended the Act, the Department of Commerce Commerce and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy as the case may be and of material injury.
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