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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Notices
4412.32.3275; 4412.32.3285;
4412.32.5600; 4412.32.3235;
4412.32.3255; 4412.32.3265;
4412.32.3275; 4412.32.3285;
4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161;
4412.94.3175; 4412.94.4100;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5115; and 4412.99.5710.
Imports of hardwood plywood may also enter under HTSUS subheadings 4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100;
4412.94.9500; and 4412.99.9500. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these Orders is dispositive.

jbell on DSKJLSW7X2PROD with NOTICES

Application of the Final Results of These Reviews MJB and the petitioner have requested retroactive application of the final results of these reviews starting April 25, 2017, for the purposes of the CVD
Order, and June 23, 2017, for purposes of the AD Order,7 i.e., the dates that the preliminary determinations in the AD
and CVD investigations published in the Federal Register. Section 751d3 of the Act provides that a determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of the subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority. Consistently, Commerces general practice is to instruct the U.S.
Customs and Border Protection CBP to liquidate without regard to AD and CVD
duties, and to refund any estimated deposits of those duties, on all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation.8
7 See MJBs Comments at 2 and Petitioners Comments at 2.
8 See, e.g., Certain Pasta from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 May 12, 2011; Stainless Steel Bar from the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of Order, in Part, 72 FR 65706 November 23, 2007; Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation of Order In Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 66163 November
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However, Commerce has exercised its discretion and deviated from this general practice if the particular facts of the case have implications for the effective date of the partial revocation selected by Commerce.9 Specifically, when selecting the effective date for the partial revocation, Commerce has considered factors such as the effective date proposed by the petitioner and/or the effective date agreed to by all parties,10 the existence of unliquidated entries dating back to the requested effective date,11 whether an interested party requested the effective date of the revocation,12 and whether the requested effective date creates potential administrability issues e.g., the products covered by the partial revocation are in the sales database used in the dumping margin calculations for a completed administrative review with a period of review that overlaps with date requested.13
The petitioner and MJB requested retroactive application of the final 13, 2006; Notice of Final Results of Antidumping Duty Changed Circumstances Reviews and Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada and Germany, 71 FR 14498 March 22, 2006; and Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination to Revoke Order in Part: Certain Cased Pencils from the Peoples Republic of China, 68 FR 62428
November 4, 2003.
9 See section 751d3 of the Act; and Itochu Building Products v. United States, 2014 WL
1363999, at 6 CIT April 8, 2014 Itochu Bldg.
Prod The statutory provision, as discussed above, provides Commerce with discretion in the selection of the effective date for a partial revocation following a changed circumstances review, but that discretion may not be exercised arbitrarily so as to decide the question presented without considering the relevant and competing considerations.
10 See, e.g., Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Final Results of Changed Circumstances Review, 68 FR
64079 November 12, 2003; and Stainless Steel Hollow Products from Sweden; Termination of Antidumping Duty Administrative Reviews, Final Results of Changed Circumstances Antidumping Duty Administrative Review, and Revocation In Part of Antidumping Duty Order, 60 FR 42529 August 16, 1995.
11 See Steel Wire Garment Hangers from the Peoples Republic of China: Final Results of Changed Circumstances Review, and Revocation in Part of Antidumping Duty Order, 74 FR 50956
October 2, 2009; Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order in Part; Certain Cased Pencils from the Peoples Republic of China, 71 FR 13352 March 15, 2006; and Stainless Steel Sheet and Strip in Coils from Japan: Final Results of Changed Circumstance Antidumping Duty Review, and Determination To Revoke Order in Part, 65 FR 77578 December 12, 2000.
12 See Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, from Japan: Final Results of Changed Circumstances Antidumping Duty Administrative Review and Intent To Revoke Antidumping Duty Order, In Part, 64 FR 72315 December 27, 1999.
13 See Itochu Bldg. Prods., 2014 WL 1363999, at 6.

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results of these reviews starting April 25, 2017, for purposes of the CVD Order, and June 23, 2017, for purposes of the AD Order.14 Both parties note that they are not aware of any unliquidated entries or pending administrative reviews that would complicate Commerces implementation of the revocations.15 The petitioner also states that it is not aware of any policy or legal considerations that would bar Commerce from selecting the full revocation dates, as requested.16 The petitioner and MJB further claim that not implementing the effective dates of the CCRs as requested would cause unnecessary harm to MJB.17 No other parties commented in response to the request for public comment on the effective revocation dates in the Initiation Notice or in our Preliminary Results.18
We find, based on the facts in this case, that it is appropriate to apply these partial revocations retroactively to unliquidated entries that were entered or withdrawn from warehouse, for consumption, on or after April 25, 2017, for the CVD Order, and June 23, 2017, for the AD Order, i.e., the effective dates of the preliminary determinations in the AD and CVD investigations. We have determined based on the available information that there are no administrability concerns with using the effective dates as requested by the petitioner and MJB. Commerce is also not currently aware of any unliquidated entries that would complicate Commerces implementation of these revocations. Accordingly, we are exercising our discretion, based on the particular circumstances in these CCRs, to make the effective dates of these CCRs April 25, 2017, for the purposes of the CVD Order and June 23, 2017, for the purposes of the AD Order.
14 See Petitioners Comments at 1 and MJBs Comments at 2.
15 See Petitioners Comments at 2; see also MJBs Comments at 4; and MJBs NFI Letter at 4.
16 See Petitioners Comments at 3.
17 See Petitioners Comments at 2; see also MJBs Comments at 4; and MJBs NFI Letter at 4.
18 See Certain Hardwood Plywood Products from the Peoples Republic of China: Initiation of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 86 FR 8766
February 9, 2021 Initiation Notice requesting interested parties to comment on these CCRs, including comments on industry support, the proposed partial revocation language, and whether any of their entries are covered by this revocation request but enjoined from liquidation due to an injunction issued in ongoing litigation; see also Preliminary Results, 86 FR at 1777576 stating, inter alia, that no interested party notified Commerce of any unliquidated entries that are covered by the revocation request but enjoined from liquidation due to an injunction issued in ongoing litigation.

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