Federal Register - August 6, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
document must be received successfully in its entirety by Commerces electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11
Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30
days of publication of this notice.12
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 in the respective case and rebuttal briefs. 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.
Unless the deadline is extended pursuant to section 751a3A of the Act and 19 CFR 351.213h2, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice.13
Assessment Rates Pursuant to section 751a2A of the Act and 19 CFR 351.212b1, Commerce shall determine, and U.S.
Customs and Border Protection CBP
shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 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.
Commerce will calculate importerspecific antidumping duty assessment rates when a respondents weightedaverage dumping margin is not zero or de minimis i.e., less than 0.5 percent.
Pursuant to 19 CFR 351.212b1, where the respondent reported the entered value of its U.S. sales, we will calculate 11 See
Temporary Rule.
12 See 19 CFR 351.310c.
13 See section 751a3A of the Act and 19 CFR
351.213h.
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importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of such sales. Where the respondent did not report entered value, we will calculate importer-specific assessment rates 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, in accordance with 19 CFR
351.212b1.14 We will also calculate an estimated ad valorem importerspecific assessment rate with which to assess whether the per-unit assessment rate is de minimis. We will 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. Where either the respondents ad valorem weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis,15 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Commerces reseller policy will apply to entries of subject merchandise during the POR produced by the POSCO
single entity for which the POSCO
single entity did not know that the merchandise it sold to the intermediary e.g., a reseller, trading company, or exporter was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate companyies involved in the transaction.16
within the meaning of 19 CFR
351.106c1 i.e., less than 0.50
percent, in which case the cash deposit rate will be zero; 2 for merchandise exported by a company not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment;
3 if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recentlycompleted segment for the producer of the merchandise; and 4 the cash deposit rate for all other producers and exporters will continue to be 7.10
percent, the all-others rate established in the less-than-fair-value investigation.17
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751a2C of the Act: 1
The cash deposit rate for the POSCO
single entity will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is de minimis
Notification to Interested Parties
14 In
these preliminary results, Commerce applied the assessment rate calculation method 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.
15 See 19 CFR 351.106c2.
16 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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Notification to Importers 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 the Secretarys presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing these results in accordance with sections 751a1 and 777i1 of the Act, and 19
CFR 351.221b4.
Dated: July 30, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation and Collapsing V. Discussion of the Methodology VI. Recommendation FR Doc. 202116836 Filed 8521; 8:45 am BILLING CODE 3510DSP
17 See
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Order.
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