Federal Register - September 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices deadline date for the submission of case briefs.10
Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument: 1 A
statement of the issue; 2 a brief summary of the argument; and 3 a table of authorities.11 Case and rebuttal briefs should be filed using ACCESS.12
Case and rebuttal briefs must be served on interested parties.13 Executive summaries should be limited to five pages total, including footnotes.
Pursuant to 19 CFR 351.310c, Preliminary Results of Review interested parties who wish to request a hearing must submit a request to the We preliminarily determine that, for Assistant Secretary for Enforcement and the period August 1, 2018, through July Compliance within 30 days of the date 31, 2019, the following weightedof publication of this notice. Requests average dumping margins exist:
should contain: 1 The partys name, address and telephone number; 2 the Weightednumber of participants; 3 whether any average participant is a foreign national; and 4
Producer/exporter dumping margin a list of issues parties intend to discuss.
percent Issues raised in the hearing will be limited to those raised in the respective Hyosung Heavy Industries Corporation
8.85 case and rebuttal briefs. If a request for a hearing is made, Commerce intends to Hyundai Electric & Energy Systems Co., Ltd
8.85 hold the hearing at a time and date to Iljin Electric Co., Ltd
8.85 be determined. Parties should confirm ILJIN
8.85 by telephone the date and time of the hearing two days before the scheduled date.
Disclosure and Public Comment Commerce intends to publish the final Commerce will disclose to parties to results of this administrative review, the proceeding any calculations including the results of its analysis of performed in connection with these issues raised in any case or rebuttal preliminary results of review within five brief, no later than 120 days after days after the date of publication of this publication of these preliminary results, notice.8 Interested parties are invited to unless extended.14
comment on these preliminary results.
Interested parties may submit case briefs Assessment Rates Upon issuing the final results, no later than 30 days after the date of Commerce shall determine, and CBP
publication of this notice.9 Rebuttal briefs, the content of which is limited to shall assess, antidumping duties on all the issues raised in the case briefs, must appropriate entries. If the weightedaverage dumping margin for Hyosung is be filed within seven days from the not zero or de minimis i.e., less than Electric Co., Ltd. formerly known as LSIS Co., Ltd. 0.50 percent in the final results of this review, we will calculate importerNo Shipment Letter, dated October 27, 2020.
6 See Memorandum, shipment inquiry with specific assessment rates on the basis of respect to the company below during the period 08/ the ratio of the total amount of dumping 01/2019 through 07/31/2020, dated November 20, calculated for each importers examined 2020.
sales and the total entered value of such 7 See, e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping sales in accordance with 19 CFR
Duty Administrative Review, Partial Rescission of 351.212b1.15 We will instruct CBP to
lotter on DSK11XQN23PROD with NOTICES1
shipment inquiry to U.S. Customs and Border Protection CBP, and CBP found no evidence of shipments from LSIS
during the POR.6 Thus, based on record evidence, we preliminary determine that LSIS had no shipments during the POR. Consistent with Commerces practice, we find that it is not appropriate to rescind the review with respect to LSIS but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of this review.7
Review, Preliminary Determination of No Shipments; 20122013, 79 FR 15951, 15952 March 24, 2014, unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 20122013, 79 FR 51306
August 28, 2014; and Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 May 13, 2010, unchanged in Magnesium Metal from the Russian Federation:
Final Results of Antidumping Duty Administrative Review, 75 FR 56989 September 17, 2010.
8 See 19 CFR 351.224b.
9 See 19 CFR 351.309c1ii.
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assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis i.e., 0.50 percent. If Hyosungs weighted-average dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.16
In accordance with Commerces automatic assessment practice,17 for entries of subject merchandise during the review period produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate of 22.00 percent established in the LTFV investigation.18
For the companies which were not selected for individual review i.e., Hyundai Electric & Energy Systems Co., Ltd., Iljin Electric Co., Ltd., and ILJIN, we will assign an assessment rate based on the cash deposit rate calculated for the company selected for mandatory review i.e., Hyosung.19 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.20
Consistent with its recent notice,21
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.
Cash Deposit Requirements The following cash deposit requirements will be effective upon 16 Id.
at 810203; see also 19 CFR 351.106c2.
Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 May 6, 2003.
18 See Large Power Transformers from the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 77 FR 40857 July 11, 2012.
19 See section 735c5A of the Act; see also Preliminary Decision Memorandum at Section VII, Rate for Non-Selected Companies.
20 See section 751a2C of the Act.
21 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.
17 See
10 See 19 CFR 351.309d1; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR
41363 July 10, 2020.
11 See 19 CFR 351.309c2.
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303f.
14 See section 751a3A of the Act; see also 19
CFR 351.213h.
15 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103
February 14, 2012.
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