Federal Register - October 1, 2021
Version en texte Qu'est-ce que c'est?Dateas est un site Web indépendant, non affilié à un organisme gouvernemental. La source des documents PDF que nous publions est l'agence officielle indiquée dans chacun d'eux. Les versions en texte sont des transcriptions non officielles que nous faisons pour fournir de meilleurs outils d'accès et de recherche d'informations, mais peuvent contenir des erreurs ou peuvent ne pas être complètes.
Source: Federal Register
54428
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.
ACCESS is available to registered users at https access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice.
Adverse Facts Available Sections 776a1 and 776a2 of the Act provide that Commerce shall, subject to section 782d of the Act, apply facts otherwise available if necessary information is not available on the record or if any other person: A
Withholds information requested by Commerce; B fails to provide such information by the deadlines for submission of the information, or in the form and manner requested, subject to subsections c1 and e of section 782
of the Act; C significantly impedes a proceeding; or D provides such information but the information cannot be verified as provided in section 782i of the Act. Pursuant to sections 776a and b of the Act, Commerce has preliminarily relied upon facts otherwise available with adverse inferences to determine the estimated weighted-average dumping margin for Magic International Pvt. Ltd. and Marisa International because they did not submit timely responses to Commerces quantity and value questionnaire. We are preliminarily assigning to Magic International Pvt. Ltd. and Marisa International, as adverse facts available, the highest rate from the petition, which we have corroborated under section 776c2 of the Act using the highest individual transaction-specific margin calculated for Navneet. For a complete explanation of the analysis underlying the application of AFA, see the Preliminary Decision Memorandum.
Rate for Non-Selected Respondents The statute and Commerces regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735c5A of the Act, the all-others rate is normally
VerDate Sep<11>2014
18:04 Sep 30, 2021
Jkt 256001
an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely on the basis of facts available.
In this segment of the proceeding, we calculated a margin for Navneet that was not zero, de minimis, or based on facts available. Accordingly, we have preliminarily applied the margin calculated for Navneet to the nonindividually examined respondents.
Preliminary Results of the Review As a result of this review, we preliminarily find the following weighted-average dumping margins for the period September 1, 2019 through August 31, 2020.
Producer/exporter
Navneet Education Ltd
Lodha Offset Limited
Pioneer Stationery Pvt. Ltd
SGM Paper Products
Magic International Pvt. Ltd
Marisa International
Weightedaverage dumping margin percent 18.35
18.35
18.35
18.35
215.93
215.93
Assessment Rates Upon issuance of the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by this review. If a respondents weightedaverage dumping margin is not zero or de minimis i.e., less than 0.5 percent in the final results of this review, we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for an importers examined sales and the total entered value of such sales in accordance with 19 CFR 351.212b1.
Where either the respondents weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR
351.106c, or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Pursuant to Commerces Automatic Assessment Clarification, for entries of subject merchandise during the POR
produced by a respondent for which it did not know its merchandise was destined for the United States, Commerce will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
companyies involved in the transaction.17
We intend 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.
Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of 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 respondent noted above will be the rates established in the final results of this administrative review; 2 for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; 3 if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and 4 the cash deposit rate for all other producers or exporters will continue to be 3.91
percent, the all-others rate established in the investigation.18 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Disclosure and Public Comment We will disclose to parties to the proceeding any calculations performed in connection with these preliminary results of review within five days after the date of publication of this notice.19
Interested parties may submit case briefs not later than 30 days after the date of publication of this notice in the Federal Register.20 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the 17 See
Automatic Assessment Clarification.
Order, 71 FR 56952.
19 See 19 CFR 351.224b.
20 See 19 CFR 351.309c1ii.
18 See
E:FRFM01OCN1.SGM
01OCN1