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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Notices
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 POR. We intend to place the CBP data on the record 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. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments.
In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777Ac2 of the Act, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be collapsed e.g., 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 this 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 AD proceeding e.g., investigation, administrative review, new shipper review, or changed circumstances review. For any company subject to this 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 the Quantity and Value Q&V
Questionnaire for purposes of respondent selection, in general, each company must report volume and value
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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 this proceeding where Commerce considered collapsing that entity, complete Q&V 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 has requested 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 a particular market situation PMS for purposes of constructed value under section 773e of the Act.2 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 2 See Trade Preferences Extension Act of 2015, Public Law 11427, 129 Stat. 362 2015.

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responses to section D of the questionnaire.
Separate Rates In proceedings involving non-market economy NME countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is Commerces policy to assign all exporters of merchandise subject to an administrative review in an NME
country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.
To establish whether a firm is sufficiently independent from government control of its export activities to be entitled to a separate rate, Commerce analyzes each entity exporting the subject merchandise. In accordance with the separate rates criteria, Commerce assigns separate rates to companies in NME cases only if respondents can demonstrate the absence of both de jure and de facto government control over export activities.
All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME
countries must complete, as appropriate, either a separate rate application or certification, as described below. For these administrative reviews, in order to demonstrate separate rate eligibility, Commerce requires entities for whom a review was requested, that were assigned a separate rate in the most recent segment of this proceeding in which they participated, to certify that they continue to meet the criteria for obtaining a separate rate. The Separate Rate Certification form will be available on Commerces website at https enforcement.trade.gov/nme/
nme-sep-rate.html on the date of publication of this Federal Register notice. In responding to the certification, please follow the Instructions for Filing the Certification in the Separate Rate Certification. Separate Rate Certifications are due to Commerce no later than 30 calendar days after publication of this Federal Register notice. The deadline and requirement for submitting a Certification applies equally to NME-owned firms, wholly foreign-owned firms, and foreign sellers who purchase and export subject merchandise to the United States.
Entities that currently do not have a separate rate from a completed segment
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