Federal Register - June 8, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices Consistent with section 735c5A
of the Act, we determined the weightedaverage dumping margin for each of the non-selected companies by using the weighted-average dumping margin calculated for Saha Thai in this administrative review.
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Assessment Rates Upon completion of this administrative review, Commerce shall determine and CBP shall assess antidumping duties on all appropriate entries. If an examined respondents weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate importer-specific ad valorem assessment rates on the basis of 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. For non-examined respondents, Commerce shall direct CBP to assess antidumping duties at an ad valorem rate equal to the companyspecific weighted-average dumping margin determined in the final results of this review. Where either the respondents weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106c, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Commerce clarified its automatic assessment regulation on May 6, 2003.11 This clarification applies to entries of subject merchandise during the POR produced by Saha Thai for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate companyies involved in the transaction.
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 for all 11 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
May 6, 2003.
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shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751a2C of the Act: 1
The cash deposit rate for the companies under review will be equal to the weighted-average dumping margin established in the final results of this review except, if that rate is de minimis, then the cash deposit rate will be zero; 2 for previously reviewed or investigated companies not listed in the final results of this review, including those for which Commerce may determine had no shipments during the POR, 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 or another completed segment of this proceeding, 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 merchandise; and 4 if neither the exporter nor the producer is a firm covered in this or any previously completed segment of this proceeding, then the cash deposit rate will be the all-others rate of 15.67 percent that was established in the less-than-fair-value investigation.12 These deposit requirements, when imposed, shall remain in effect until further notice.
Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results in accordance with 19 CFR
351.224b. Interested parties may submit case briefs not later than the date which Commerce will announce subsequent to this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs.13 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.14 Case and rebuttal briefs should be filed using 12 See Antidumping Duty Order: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 March 11, 1986.
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020
Temporary Rule.
14 See 19 CFR 351.303 for general filing requirements.
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ACCESS 15 and must be served on interested parties.16 Executive summaries should be limited to five pages total, including footnotes.
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. Requests should contain: 1 The partys name, address and telephone number; 2 the number of participants; and 3 a list of issues to be discussed. Issues raised in the hearing will be limited to those raised by each party in their respective case brief.
Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.17 An electronically filed document must be received successfully in its entirety in ACCESS by 5 p.m.
Eastern Time within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751a3A of the Act.
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 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 We are issuing and publishing these preliminary results in accordance with sections 751a1 and 777i of the Act, and 19 CFR 351.213h and 351.221b4.
15 See
generally 19 CFR 351.303.
19 CFR 351.303f.
17 See Temporary Rule.
16 See
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