Federal Register - February 22, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices exporter conditionally subject to administrative reviews,23 we did not conduct a review of the China-wide entity. Thus, the weighted-average dumping margin for the China-wide entity i.e., 2.42 USD/kg 24 is not subject to change as a result of this review.

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Assessment Rates Pursuant to section 751a2C of the Act and 19 CFR 351.212b, Commerce has determined, and U.S Customs and Border Protection CBP shall assess, antidumping duties on all appropriate entries covered by this review.
Consistent with its recent notice,25
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.
For each individually-examined respondent in this review which has a final weighted-average dumping margin that is not zero or de minimis i.e., less than 0.5 percent, we will calculate importeror customerspecific perunit duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to that importer or customer to the total quantity associated with those sales, in accordance with 19 CFR 351.212b1.26
We will also calculate estimated ad valorem importer-specific assessment rates with which to determine whether the per-unit assessment rates are de minimis.27 Where either the respondents weighted-average dumping margin is zero or de minimis, or an importeror customerspecific assessment rate is zero or de minimis, 23 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, 6596970 November 4, 2013.
24 See, e.g., Certain Activated Carbon from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 2012
2013, 79 FR 70163, 70165 November 25, 2014.
25 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 January 15, 2021.
26 See AR2 Carbon IDM at Comment 3.
27 For calculated estimated ad valorem importer-specific assessment rates used in determining whether the per-unit assessment rate is de minimis, see Carbon Activateds Final Calculation Memorandum and Datong Juqiangs Final Calculation Memorandum and attached Margin Calculation Program Logs and Outputs.

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we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.28
For the respondents which were not selected for individual examination in this administrative review and which qualified for a separate rate, the assessment rate will be equal to the rate assigned to them for the final results i.e., 0.65 USD/kg. For the companies identified as part of the China-wide entity, we will instruct CBP to apply a per-unit assessment rate of 2.42 USD/kg to all entries of subject merchandise during the POR which were produced or exported by those companies. Pursuant to a refinement in our non-market economy practice, for sales that were not reported in the U.S. sales data submitted by companies individually examined during this review, we will instruct CBP to liquidate entries associated with those sales at the rate for the China-wide entity. Furthermore, where we found that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporters case number i.e., at that exporters cash deposit rate will be liquidated at the rate for the China-wide entity.29
Cash Deposit Requirements The following per-unit cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751a2C of the Act: 1 For Carbon Activated, Datong Juqiang, and the nonexamined separate rate respondents, the cash deposit rate will be equal to their weighted-average dumping margins established in the final results of this review; 2 for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; 3 for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin for the China-wide entity i.e., 2.42 USD/
kg; and 4 for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the 28 See
19 CFR 351.106c2.
a full discussion of this practice, see Assessment Practice Refinement, 76 FR at 65694.
29 For
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rate applicable to the Chinese exporters that supplied those non-Chinese exporters. These per-unit cash deposit requirements, when imposed, shall remain in effect until further notice.
Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224b.
Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final 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 has occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order APO
This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305a3, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751a1 and 777i of the Act.
Dated: February 12, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.

Appendix I
Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Adjustment of Datong Juqiangs Reported Per-Unit Factor Consumption of Bituminous Coal and Carbonized Material Comment 2: Bituminous Coal Surrogate Value
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Federal Register - February 22, 2021

TitoloFederal Register

PaeseStati Uniti

Data22/02/2021

Conteggio pagine272

Numero di edizioni7801

Prima edizione14/03/1936

Ultima edizione24/06/2026

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