[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42781-42784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16727]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Results of the Antidumping Duty Administrative Review, Partial
Rescission of the 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 determines
that except for one respondent for which Commerce calculated a zero
percent dumping margin, the eight respondents under review either made
sales of subject merchandise at prices below normal value (NV) during
the period of review (POR) July 1, 2019, through June 30, 2020, did not
ship subject merchandise to the United States during the POR, or were
not entitled to a separate rate. Also, Commerce is rescinding this
review with respect to one company. We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 5, 2021.
FOR FURTHER INFORMATION CONTACT: Kristen Ju or Abdul Alnoor, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3699 and (202) 482-4554,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On July
1, 2020, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
(AD) order on xanthan gum from the People's Republic of China
(China).\1\ Commerce published the notice of initiation of this
administrative review on September 3, 2020.\2\ On March 5, 2021,
Commerce extended the deadline for the preliminary results of this
review by a total of 119 days, to July 30, 2021.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 39531 (July 1, 2020).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Xanthan Gum from the People's Republic of
China: Extension of Deadline for Preliminary Results of the 2019-
2020 Antidumping Duty Administrative Review,'' dated March 5, 2021.
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On October 26, 2020, Commerce selected two exporters to
individually examine as mandatory respondents,\4\ Meihua,\5\ and
Fufeng.\6\ During the course of this review, the mandatory respondents
responded to Commerce's questionnaire and supplemental questionnaires,
the petitioner (CP Kelco U.S., Inc.) commented on certain responses,
and other companies for which Commerce initiated the review filed
either no-shipment claims or applications or certifications for
separate rates status with Commerce. For details regarding the events
that occurred subsequent to the initiation of the review, see the
Preliminary Decision Memorandum.
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\4\ See Memorandum, ``Selection of Respondents for the 2019-2020
Administrative Review of the Antidumping Duty Order on Xanthan Gum
from the People's Republic of China,'' dated October 26, 2020.
\5\ Meihua refers to a single entity, which includes Meihua
Group International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua). For additional information, see ``Decision
Memorandum for the Preliminary Results of the Seventh Antidumping
Duty Administrative Review of Xanthan Gum from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
\6\ Fufeng refers to a single entity, which includes Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd.,
and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively,
Fufeng). For additional information, see the Preliminary Decision
Memorandum.
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Scope of the Order
The product covered by the order includes dry xanthan gum, whether
or not coated or blended with other products. Xanthan gum is included
in this order regardless of physical form, including, but not limited
to, solutions, slurries, dry powders of any particle size, or unground
fiber.
Merchandise covered by the scope of the order is classified in the
Harmonized Tariff Schedule of the United States at subheading
3913.90.20. This tariff classification is provided for convenience and
customs purposes; however, the written description of the scope is
dispositive.
A full description of the scope of the order is contained in the
Preliminary Decision Memorandum.
[[Page 42782]]
Preliminary Determination of No Shipments
On September 28, 2020, and October 2, 2020, Shanghai Smart
Chemicals Co., Ltd. (Shanghai Smart) and Deosen Biochemical Ltd.
(Deosen Biochemical), respectively, timely filed certifications that
they did not export or sell subject merchandise to the United States
during the POR and that there were no entries of their subject
merchandise into the United States during the POR. Based on an analysis
of information from U.S. Customs and Border Protection (CBP) and
Shanghai Smart's no shipment certification, Commerce preliminarily
determines that Shanghai Smart did not have shipments of subject
merchandise to the United States during the POR.\7\
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\7\ See Memorandum, ``Antidumping Duty Administrative Review of
Xanthan Gum from the People's Republic of China: Automated
Commercial System Shipment Query,'' dated September 23, 2020 (CBP
Data); see also ``Xanthan Gum from China exported by Shanghai Smart
Chemicals Co. Ltd. during the period 07/01/2019 through 06/30/
2020,'' dated April 22, 2021.
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However, Commerce preliminarily determines that Deosen Biochemical
had reviewable transactions during the POR.\8\ For additional
information regarding this determination, see the Preliminary Decision
Memorandum.
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\8\ See CBP Data.
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Consistent with Commerce's practice in non-market economy (NME)
cases, we are not rescinding this administrative review with respect to
Shanghai Smart, but intend to complete the review and issue appropriate
instructions to CBP based on the final results of the review.\9\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); and the
``Assessment Rates'' section, below.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraw their request(s) within 90 days of the
publication date of the notice of initiation of the requested review in
the Federal Register. In December 2020, parties timely withdrew their
requests for an AD administrative review of CP Kelco (Shandong)
Biological Company Limited (CP Kelco Shandong).\10\ Because all
requests for reviews of CP Kelco Shandong were timely withdrawn, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the AD order on xanthan gum from China with respect to CP
Kelco Shandong.
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\10\ See CP Kelco Shandong's Letter, ``Xanthan Gum from the
People's Republic of China: CP Kelco (Shandong) Biological Company
Limited's Withdrawal of Request for Administrative Review,'' dated
December 1, 2020; Deosen Biochemical and Deosen Biochemical (Ordos)
Ltd. (collectively, Deosen) submitted a timely withdrawal of its
review request, however, because the petitioner did not withdraw its
request for review of Deosen, Commerce is continuing its review of
Deosen.
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Use of Adverse Facts Available
Pursuant to section 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available, with adverse
inferences, to determine the dumping margin assigned to Meihua. For
further information, see ''Application of Facts Available With Adverse
Inferences'' in the Preliminary Decision Memorandum; see also the
Meihua Preliminary AFA Memorandum.\11\
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\11\ See Memorandum, ``Preliminary Results Memorandum:
Application of Adverse Facts Available to Meihua,'' dated
concurrently with this memorandum (Meihua Preliminary AFA
Memorandum) for Commerce's full analysis, which includes business
proprietary information.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is an NME country within the meaning of section 771(18) of the Act, we
calculated NV in accordance with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of review, see the Preliminary Decision Memorandum,
which is hereby adopted by this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically 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 accessed directly
at http://enforcement.trade.gov/frn/. A list of sections in the
Preliminary Decision Memorandum is in the appendix to this notice.
Separate Rates
In all proceedings involving NME countries, Commerce maintains a
rebuttable presumption that all companies within an NME are subject to
government control and, thus, should be assessed a single weighted-
average dumping margin unless the company can affirmatively demonstrate
an absence of government control, both in law (de jure) and in fact (de
facto), with respect to its exports so that it is entitled to separate
rate status.\12\ Commerce preliminarily determines that the information
placed on the record by Jianlong Biotechnology Co. Ltd (formerly, Inner
Mongolia Jianlong Biochemical Co., Ltd.) (Jianlong), Deosen Biochemical
and Deosen Biochemical (Ordos) Ltd. (collectively, Deosen), Meihua, and
Fufeng demonstrates that these companies are entitled to separate rate
status.
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\12\ See Notice of Final Determination of Sales at Less Than
Fair Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); Final Determination of Sales at
Less Than Fair Value and Final Partial Affirmative Determination of
Critical Circumstances: Diamond Sawblades and Parts Thereof from the
People's Republic of China, 71 FR 29303, 29307 (May 22, 2006).
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However, Commerce preliminarily determines that A.H.A.
International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd., Greenhealth
International Co., Ltd. (Hong Kong), and Nanotech Solutions SDN BHD did
not demonstrate their eligibility for separate rates status because
they did not file a separate rate application or separate rate
certification with Commerce. Therefore, we are preliminarily treating
A.H.A. International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd.,
Greenhealth International Co., Ltd. (Hong Kong), and Nanotech Solutions
SDN BHD as part of the China-wide entity. Because no party requested a
review of the China-wide entity, the entity is not under review and the
entity's rate (i.e., 154.07 percent) is not subject to change in this
review. For additional information, see the Preliminary Decision
Memorandum.
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not identify the dumping
margin 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
determining the dumping margin for respondents that are not
individually examined 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 dumping margins that are zero, de
minimis, or based entirely on facts available. Where the dumping
margins for individually examined respondents are all zero, de minimis,
or
[[Page 42783]]
based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted average
dumping margins determined for the exporters and producers individually
investigated.''
We preliminarily calculated a zero percent dumping margin for one
of the mandatory respondents in this review, Fufeng, and we
preliminarily based the other mandatory respondent's, Meihua's, dumping
margin on total AFA. Therefore, we assigned the separate rate
respondents a dumping margin equal to the simple average of the dumping
margins for Fufeng and Meihua, consistent with the guidance in section
735(c)(5)(B) of the Act. For additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2019, through June 30, 2020:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Meihua Group International Trading (Hong Kong) Limited/ 154.07
Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang Meihua
Amino Acid Co., Ltd........................................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner 0.00
Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co.,
Ltd........................................................
Review-Specific Average Rate Applicable to the Following
Companies:
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia 77.04
Jianlong Biochemical Co., Ltd).............................
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical Ltd...... 77.04
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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 to Commerce 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 with Commerce 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, 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.
Requests for a hearing should contain: (1) The requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) 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 will announce the date and time
of the hearing. Parties should confirm by telephone the date and time
of the hearing two days before the scheduled hearing date.
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\16\ 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.\16\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\17\ 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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\16\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and 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 CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\18\ Commerce intends to issue
appropriate assessment instructions to CBP 35 days after the
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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\18\ See 19 CFR 351.212(b)(1).
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We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\19\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\20\ Where the respondent did
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. Commerce will calculate an estimated
[[Page 42784]]
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.\21\ 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 ad valorem weighted-average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis,\22\ Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\19\ We 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).
\20\ See 19 CFR 351.212(b)(1).
\21\ Id.
\22\ See 19 CFR 351.106(c)(2).
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For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the weighted-average dumping margin assigned to the respondent
in the final results of this review.\23\
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\23\ 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 Preliminary Decision
Memorandum 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 a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\24\ 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 assigned to the China-
wide entity.
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\24\ 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
The following cash deposit requirements will be effective for all
shipments of xanthan gum from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of this administrative review in the
Federal Register, as provided for by section 751(a)(2)(C) of the Act:
(1) For companies granted a separate rate in the final results of this
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this review for the
company (except, if the rate is zero or de minimis, then a cash deposit
rate of zero will be required); (2) for previously investigated or
reviewed China and non-China exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific rate; (3) for
all China exporters of subject merchandise that have not been found to
be entitled to a separate rate, the cash deposit rate will be the rate
for the China-wide entity, which is 154.07 percent; and (4) for all
non-China exporters of subject merchandise that have not received their
own rate, the cash deposit rate will be the rate applicable to China
exporter(s) that supplied that non-China exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Partial Rescission of Administrative Review
VII. Preliminary Determination of No Shipments
VIII. Selection of Respondents
IX. Application of Facts Available With Adverse Inferences
X. Single Entity Treatment
XI. Discussion of Methodology
XII. Recommendation
[FR Doc. 2021-16727 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-DS-P