[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54429-54431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21406]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review

AGENCY: 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) 482-
4735.

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 771(9) 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.

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 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 777A(c)(2) 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

[[Page 54430]]

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 351.213(d)(1), 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 773(e) of the Act.\1\ 
Section 773(e) 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 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
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    \1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) 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 773(e) 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 
October 2021,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in October for the following periods:
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    \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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                                                             Period
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             Antidumping Duty Proceedings
Australia: Certain Hot-Rolled Steel Flat Products, A-    10/1/20-9/30/21
 602-809.............................................
Brazil: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/20-9/30/21
 351-832.............................................
Brazil: Certain Hot-Rolled Steel Flat Products, A-351-   10/1/20-9/30/21
 845.................................................
India: Stainless Steel Flanges, A-533-877............    10/1/20-9/30/21
Indonesia: Carbon and Certain Alloy Steel Wire Rod, A-   10/1/20-9/30/21
 560-815.............................................
Japan: Certain Hot-Rolled Steel Flat Products, A-588-    10/1/20-9/30/21
 874.................................................
Mexico: Carbon and Certain Alloy Steel Wire Rod, A-      10/1/20-9/30/21
 201-830.............................................
Mexico: Refillable Stainless Flanges, A-201-849......    10/1/20-9/30/21
Moldova: Carbon and Certain Alloy Steel Wire Rod, A-     10/1/20-9/30/21
 841-805.............................................
Republic of Korea: Certain Hot-Rolled Steel Flat         10/1/20-9/30/21
 Products, A-580-883.................................
Taiwan: Steel Concrete Reinforcing Bar, A-583-859....    10/1/20-9/30/21
Thailand: Glycine, A-549-837.........................    10/1/20-9/30/21
The Netherlands: Certain Hot-Rolled Steel Flat           10/1/20-9/30/21
 Products, A-421-813.................................
The People's Republic of China: Barium Carbonate, A-     10/1/20-9/30/21
 570-880.............................................
The People's Republic of China: Barium Chloride, A-      10/1/20-9/30/21
 570-007.............................................
The People's Republic of China: Boltless Steel           10/1/20-9/30/21
 Shelving Units Prepackaged For Sale, A-570-018......
The People's Republic of China: Certain Cut-to-Length    10/1/20-9/30/21
 Carbon Steel, A-570-849.............................
The People's Republic of China: Electrolytic             10/1/20-9/30/21
 Manganese Dioxide, A-570-919........................
The People's Republic of China: Helical Spring Lock      10/1/20-9/30/21
 Washers, A-570-822..................................
The People's Republic of China: Polyvinyl Alcohol, A-    10/1/20-9/30/21
 570-879.............................................
The People's Republic of China: Steel Wire Garment       10/1/20-9/30/21
 Hangers, A-570-918..................................
Trinidad and Tobago: Carbon and Certain Alloy Steel      10/1/20-9/30/21
 Wire Rod, A-274-804.................................
Turkey: Certain Hot-Rolled Steel Flat Products, A-489-   10/1/20-9/30/21
 826.................................................
United Kingdom: Certain Hot-Rolled Steel Flat            10/1/20-9/30/21
 Products, A-412-825.................................
           Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod, C-      1/1/20-12/31/20
 351-833.............................................
Brazil: Certain Hot-Rolled Steel Flat Products, C-351-   1/1/20-12/31/20
 846.................................................
India: Stainless Steel Flanges, C-533-878............    1/1/20-12/31/20
Iran: Roasted In Shell Pistachios, C-507-601.........    1/1/20-12/31/20
Republic of Korea: Certain Hot-Rolled Steel Flat         1/1/20-12/31/20
 Products, C-580-884.................................
The People's Republic of China: Boltless Steel           1/1/20-12/31/20
 Shelving Units Prepackaged For Sale, C-570-019......
                Suspension Agreements
Argentina: Lemon Juice, A-357-818....................    10/1/20-9/30/21
Russia: Uranium, A-821-802...........................    10/1/20-9/30/21
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    In accordance with 19 CFR 351.213(b), an interested party as 
defined by section 771(9) of the Act may request in writing that the 
Secretary conduct an administrative review. For both antidumping and 
countervailing duty reviews, the interested party must specify the 
individual producers or exporters covered by an antidumping finding or 
an antidumping or countervailing duty order or suspension agreement for 
which it is requesting a

[[Page 54431]]

review. In addition, a domestic interested party or an interested party 
described in section 771(9)(B) of the Act must state why it desires the 
Secretary to review those particular producers or exporters. If the 
interested party intends for the Secretary to review sales of 
merchandise by an exporter (or a producer if that producer also exports 
merchandise from other suppliers) which was produced in more than one 
country of origin and each country of origin is subject to a separate 
order, then the interested party must state specifically, on an order-
by-order basis, which exporter(s) the request is intended to cover.
    Note that, for any party Commerce was unable to locate in prior 
segments, Commerce will not accept a request for an administrative 
review of that party absent new information as to the party's location. 
Moreover, if the interested party who files a request for review is 
unable to locate the producer or exporter for which it requested the 
review, the interested party must provide an explanation of the 
attempts it made to locate the producer or exporter at the same time it 
files its request for review, in order for the Secretary to determine 
if the interested party's attempts were reasonable, pursuant to 19 CFR 
351.303(f)(3)(ii).
    As explained in Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping 
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice 
with respect to the collection of final antidumping duties on imports 
of merchandise where intermediate firms are involved. The public should 
be aware of this clarification in determining whether to request an 
administrative review of merchandise subject to antidumping findings 
and orders.\3\
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    \3\ See the Enforcement and Compliance website at https://legacy.trade.gov/enforcement/.
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    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
review.\4\ Accordingly, the NME entity will not be under review unless 
Commerce specifically receives a request for, or self-initiates, a 
review of the NME entity.\5\ In administrative reviews of antidumping 
duty orders on merchandise from NME countries where a review of the NME 
entity has not been initiated, but where an individual exporter for 
which a review was initiated does not qualify for a separate rate, 
Commerce will issue a final decision indicating that the company in 
question is part of the NME entity. However, in that situation, because 
no review of the NME entity was conducted, the NME entity's entries 
were not subject to the review and the rate for the NME entity is not 
subject to change as a result of that review (although the rate for the 
individual exporter may change as a function of the finding that the 
exporter is part of the NME entity). Following initiation of an 
antidumping duty administrative review when there is no review 
requested of the NME entity, Commerce will instruct CBP to liquidate 
entries for all exporters not named in the initiation notice, including 
those that were suspended at the NME entity rate.
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    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \5\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
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    All requests must be filed electronically in Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) on Enforcement and Compliance's ACCESS website 
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR 
351.303(f)(l)(i), a copy of each request must be served on the 
petitioner and each exporter or producer specified in the request. Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\7\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
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    Commerce will publish in the Federal Register a notice of 
``Initiation of Administrative Review of Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation'' for requests received 
by the last day of October 2021. If Commerce does not receive, by the 
last day of October 2021, a request for review of entries covered by an 
order, finding, or suspended investigation listed in this notice and 
for the period identified above, Commerce will instruct CBP to assess 
antidumping or countervailing duties on those entries at a rate equal 
to the cash deposit of estimated antidumping or countervailing duties 
required on those entries at the time of entry, or withdrawal from 
warehouse, for consumption and to continue to collect the cash deposit 
previously ordered.
    For the first administrative review of any order, there will be no 
assessment of antidumping or countervailing duties on entries of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption during the relevant provisional measures ``gap'' period of 
the order, if such a gap period is applicable to the period of review.
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: September 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-21406 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P