Federal Register - November 1, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices technologies, goods, services, and products. The ETTAC was most recently re-chartered through August 15, 2022.
Dated: October 19, 2021.
Man Cho, Deputy Director, Office of Energy and Environmental Industries.
FR Doc. 202123695 Filed 102921; 8:45 am BILLING CODE 3510DRP
DEPARTMENT OF COMMERCE
International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, telephone: 202 4824735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 7719 of the Tariff Act of 1930, as amended the Act, may request, in accordance with 19 CFR
351.213, that the Department of Commerce Commerce conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date.
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Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection CBP data for U.S. imports during the period of review. We intend to release the CBP data under Administrative 1 See Trade Preferences Extension Act of 2015, Public Law 11427, 129 Stat. 362 2015.
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Protective Order APO to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible.
Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777Ac2 of the Act:
In general, Commerce finds that determinations concerning whether particular companies should be collapsed i.e., treated as a single entity for purposes of calculating antidumping duty rates require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding i.e., investigation, administrative review, new shipper review or changed circumstances review. For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes.
Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: a Identify which companies subject to review previously were collapsed; and b provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or
companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted.
Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213d1, a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation PMS for purposes of constructed value under section 773e of the Act.1 Section 773e of the Act states that if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. When an interested party submits a PMS allegation pursuant to section 773e of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301c2v.
If Commerce finds that a PMS exists under section 773e of the Act, then it will modify its dumping calculations appropriately.
Neither section 773e of the Act nor 19 CFR 351.301c2v set a deadline for the submission of PMS allegations and supporting factual information.
However, in order to administer section 773e of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773e of the Act, it must do so no later than 20 days after submission of initial Section D responses.
Opportunity To Request a Review: Not later than the last day of November 2021,2 interested parties may request administrative review of the following
2 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed.
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