[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35747-35750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Rescission of Antidumping Duty Administrative Review, and Preliminary 
Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
exporters of certain aluminum foil (aluminum foil) from the People's 
Republic of China (China) sold subject merchandise in the United States 
at prices below normal value during the period of review (POR) April 1, 
2019, through March 31, 2020. Additionally, Commerce is rescinding this 
review with respect to multiple companies. Interested parties are 
invited to comment on these preliminary results of this review.

DATES: Applicable July 7, 2021.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Michael J. 
Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1979, or (202) 482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2020, Commerce initiated an administrative review of the 
antidumping duty order on aluminum foil from China,\1\ in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
July 21, 2020, Commerce tolled the deadlines for issuing its 
preliminary results by 60 days.\2\ On February 26, 2021, pursuant to 
section 751(a)(3)(A) of the Act, Commerce extended the deadline for the 
preliminary results of this review by 120 days, until June 29, 2021.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 34708 (June 8, 2020); see also Certain 
Aluminum Foil from the People's Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: 83 FR 17362 (April 19, 2018) (Order).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Aluminum Foil from the People's Republic 
of China: Extension of Time Limit Deadline for Preliminary Results 
of Antidumping Duty Administrative Review,'' dated February 26, 
2021.
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    The administrative review covers two mandatory respondents: (1) 
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji 
Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination 
Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd 
(collectively, Zhongji); \4\ and (2) Jiangsu Alcha Aluminum Co., Ltd. 
(Jiangsu Alcha). The administrative review also covers 14 other 
companies that were not selected for individual examination. For 
details regarding the events that occurred subsequent to the initiation 
of the review, see the Preliminary Decision Memorandum.\5\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice.
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    \4\ Consistent with the methodology employed in the less-than-
fair-value (LTFV) investigation, we have continued to collapse 
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK), 
and Jiangsu Zhongji Lamination Materials Co., Ltd. (Jiangsu 
Zhongji), (collectively, Zhongji) and to treat these companies as a 
single entity. See Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Accompanying Preliminary 
Decision Memorandum, 82 FR 50858 (November 2, 2017), and 
accompanying Preliminary Decision Memorandum at 16-18, unchanged in 
Certain Aluminum Foil From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 
2018). We find that record evidence supports treating each of these 
entities as a collapsed entity in this review. See Memorandum, 
``Zhongji Analysis for the Preliminary Results,'' dated June 29, 
2021.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Aluminum Foil from the People's Republic of China; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    The Preliminary Decision Memorandum is a public document and is 
made available to the public via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.

Scope of the Order

    The merchandise covered by the Order is aluminum foil from China. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\6\
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    \6\ See Preliminary Decision Memorandum at 2.
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Preliminary Determination of No Shipments

    Jiangsu Dingsheng New Materials Joint Stock Co., Ltd.; Hangzhou 
Teemful Aluminum Co., Ltd.; and Hangzhou Five Star Aluminum Co., Ltd. 
reported that they did not have any exports of subject merchandise 
during the POR.\7\ To date, we have found no evidence calling into 
question the no-shipment claims made by these companies; therefore, we 
preliminarily find that these companies had no shipments of subject 
merchandise to the United States during the POR. For additional 
information regarding these preliminary determinations, see the 
Preliminary Decision Memorandum.
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    \7\ See Letter from Jiangsu Dingsheng New Materials Joint Stock 
Co., Ltd ``No Shipment Letter for Jiangsu Dingsheng in the 
Administrative Review of Aluminum Foil from the People's Republic of 
China,'' dated July 8, 2020 Letter from Hangzhou Five Star, ``No 
Shipment Letter for Hangzhou Five Star in the Administrative Review 
of the Antidumping Duty Order on Aluminum Foil from the People's 
Republic of China,'' dated July 8, 2020; Letter from Hangzhou 
Teemful, ``No Shipment Letter for Hangzhou Teemful in the 
Administrative Review of the Antidumping Duty Order on Aluminum Foil 
from the People's Republic of China,'' dated July 8, 2020.
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Partial Rescission of Administrative Review

    Section 351.213(d)(1) of Commerce's regulations provides that 
Commerce will rescind an administrative review, in whole or in part, if 
all parties that requested a review withdraw their requests for review 
within 90 days of the publication date of the notice of initiation of 
the requested review. All parties timely withdrew their requests for 
administrative review of the following companies: (1) Baotou Alcha 
Aluminum Co., Ltd.; (2) Granges Aluminum (Shanghai) Co., Ltd.; (3) 
Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Hangzhou 
DingCheng Aluminum Co., Ltd.; (5) Hangzhou Dingsheng Industrial Group 
Co. Ltd.; (6) Hangzhou Teemful Aluminum Co., Ltd.; (7) Huafon Nikkei 
Aluminium Corporation; (8) Jiangyin Dolphin Pack Ltd. Co.; (9) Luoyang 
Longding Aluminium Industries Co.,

[[Page 35748]]

Ltd.; (10) Shandong Yuanrui Metal Material Co., Ltd.; (11) Shantou 
Wanshun Package Material Stock Co., Ltd.; (12) Suntown Technology Group 
Corporation Limited; (13) Suzhou Manakin Aluminum Processing Technology 
Co., Ltd.; (14) Walson (HK) Trading Co., Limited; (15) Yantai Donghai 
Aluminum Foil Co., Ltd.; (16) Yantai Jintai International Trade Co., 
Ltd.; and (17) Zhejiang Zhongjin Aluminum Industry Co., Ltd.\8\ 
Therefore, we are rescinding this review with respect to these 
companies, in accordance with 19 CFR 351.213(d)(1). For additional 
information regarding the rescission of Commerce's administrative 
reviews, see the Preliminary Decision Memorandum.
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    \8\ See Petitioner's Letter, ``2nd Administrative Review of the 
Antidumping Duty Order on Certain Aluminum Foil from the People's 
Republic of China--Petitioner Partial Withdrawal of Review 
Requests'' dated September 8, 2020.
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Separate Rates

    We have preliminarily determined that information placed on the 
record by the following companies demonstrates that these entities are 
eligible for a separate rate: (1) Zhongji; (2) Alcha International 
Holdings Limited; (3) Dingsheng Aluminum Industries (Hong Kong) Trading 
Co.; (4) Hangzhou Dingsheng Import & Export Co., Ltd.; (5) Hunan 
Suntown Marketing Limited; (6) Shanghai Huafon Aluminum Corporation; 
(7) Suntown Technology Group Limited; (8) Xiamen Xiashun Aluminum Foil 
Co., Ltd, and (9) Yinbang Clad Materials Co., Ltd. (Yinbang Clad).\9\
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    \9\ See Preliminary Decision Memorandum at 7-10.
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    We have also preliminarily determined that Jiangsu Alcha and SNTO 
International Group Limited (SNTO) have not demonstrated their 
eligibility for a separate rate because SNTO did not file a separate 
application or certification with Commerce, and because Jiangsu Alcha 
failed to respond to our standard NME antidumping questionnaire. 
Therefore, we are treating these companies as part of the China-wide 
entity. Because no party requested a review of the China-wide entity in 
this review, it is not under review and the entity's rate (i.e., 105.80 
percent) is not subject to change.\10\
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    \10\ See Order, 83 FR at 17363.
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    For additional information regarding Commerce's preliminary 
separate rates determinations, see the Preliminary Decision Memorandum.

Dumping Margins for Separate Rate Companies

    The statute and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. Where the rates for the individually examined companies are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method'' to establish the all-others rate. In this review, we 
calculated a rate for Zhongji that is not zero, de minimis, or based 
entirely on facts available. Therefore, we have assigned this rate to 
the companies not selected for individual examination but that are 
eligible for a separate rate.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Act. We calculated export prices in 
accordance with section 772 of the Act. Because Commerce has determined 
that China is a non-market economy country,\11\ within the meaning of 
section 771(18) of the Act, Commerce calculated normal value in 
accordance with section 773(c) of the Act.
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    \11\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing 
Memorandum, ``China's Status as a Non-Market Economy,'' dated 
October 26, 2017), unchanged in Certain Aluminum Foil from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 83 FR 9282 (March 5, 2018).
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    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum.
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    \12\ As noted above, the China-Wide Entity is not subject to 
this review. However, in this review we have preliminarily 
determined that the following companies under review are now part of 
the China-Wide Entity: Jiangsu Alcha; SNTO International Group 
Limited.
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Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2019 through 
March 31, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./              118.99
 Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
 Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu
 Huafeng Aluminum Industry Co., Ltd.....................
Alcha International Holdings Limited....................          118.99
Dingsheng Aluminum Industries Hong Kong Trading Co......          118.99
Hangzhou Dingsheng Import & Export Co., Ltd.............          118.99
Hunan Suntown Marketing Limited.........................          118.99
Shanghai Huafon Aluminum Corporation....................          118.99
Suntown Technology Group Limited........................          118.99
Xiamen Xiashun Aluminum Foil Co., Ltd...................          118.99
Yinbang Clad Materials Co., Ltd.........................          118.99
China-Wide Entity \12\..................................          105.80
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[[Page 35749]]

Disclosure and Public Comment

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b). Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review in the Federal Register.\13\ 
Rebuttal briefs may be filed no later than seven days after case briefs 
are due and may respond only to arguments raised in the case 
briefs.\14\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\15\
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    \13\ See 19 CFR 351.309(c)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice in the Federal Register.\16\ Requests 
should contain the party's name, address, and telephone number, the 
number of individuals from the requesting party's firm that will attend 
the hearing, and a list of the issues the party intends to discuss at 
the hearing. Oral arguments at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\17\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date of the hearing.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\18\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due 
date.\19\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\20\ Unless otherwise extended, 
Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of publication of these preliminary 
results of review in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act.
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    \18\ See generally 19 CFR 351.303.
    \19\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011).
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); see also Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Assessment Rates

    Upon issuance of the final results of review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\21\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after 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).
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    \21\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates, in accordance 
with 19 CFR 351.212(b)(1).\22\ Where the respondent reported reliable 
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of 
dumping calculated for all U.S. sales to the importer/customer and 
dividing this amount by the total entered value of the merchandise sold 
to the importer/customer.\23\ Where the respondent did not report 
entered values, Commerce will calculate importer/customer-specific 
assessment rates by dividing the amount of dumping for reviewed sales 
to the importer/customer by the total quantity of those sales. Commerce 
will calculate an estimated ad valorem importer/customer-specific 
assessment rate to determine whether the per-unit assessment rate is de 
minimis; however, Commerce will use the per-unit assessment rate where 
entered values were not reported.\24\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce 
will instruct CBP to collect the appropriate duties at the time of 
liquidation. Where either the respondent's weighted average dumping 
margin is zero or de minimis, or an importer/customer-specific ad 
valorem assessment rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\25\
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    \22\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \23\ See 19 CFR 351.212(b)(1).
    \24\ Id.
    \25\ See Final Modification, 77 FR at 8103.
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    For the respondents that were not selected for individual 
examination in this administrative review, but which qualified for a 
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as 
appropriate, in the final results of this review.\26\
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    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by an exporter 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin for the 
China-wide entity.\27\ Additionally, where Commerce determines that an 
exporter under review had no shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin for the China-wide 
entity.
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    \27\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, 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 antidumping 
duties, where applicable.

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value

[[Page 35750]]

exceeds U.S. price. The following cash deposit requirements will be 
effective for shipments of the subject merchandise from China entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date of this notice in the Federal Register, as provided by 
section 751(a)(2)(C) of the Act: (1) For the exporters listed in the 
table above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
for the exporter (except, if the dumping margin is de minimis (i.e., 
less than 0.5 percent), then the cash deposit rate will be zero for 
that exporter); (2) for previously investigated or reviewed Chinese and 
non-Chinese exporters that are not listed in the table above but that 
have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate established in the most recently completed 
segment of this proceeding; (3) for all Chinese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate for the China-wide entity 
(i.e., 105.80 percent) \28\ and (4) for all non-Chinese exporters of 
subject merchandise that have not received their own rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \28\ See Order, 83 FR at 17363.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties and/or countervailing duties has occurred, and 
the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: June 29, 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. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(F) of the Act
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-14445 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P