[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 72-75]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28406]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Advance Notification of Sunset Review

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

Background

    Every five years, pursuant to the Tariff Act of 1930, as amended 
(the Act), the Department of Commerce (Commerce) and the International 
Trade Commission automatically initiate and conduct reviews to 
determine whether revocation of a countervailing or antidumping duty 
order or termination of an investigation suspended under section 704 or 
734 of the Act would be likely to lead to continuation or recurrence of 
dumping or a countervailable subsidy (as the case may be) and of 
material injury.

Upcoming Sunset Reviews for February 2022

    Pursuant to section 751(c) of the Act, the following Sunset Reviews 
are scheduled for initiation in February 2022 and will appear in that 
month's Notice of Initiation of Five-Year Sunset Reviews (Sunset 
Review).

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                                                                        Department contact
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          Antidumping Duty Proceedings
 
Ammonium Sulfate from China A-570-049 (1st        Thomas Martin, (202) 482-3936.
 Review).
Amorphous Silica Fabric from China A-570-038      Jacky Arrowsmith, (202) 482-5255.
 (1st Review).
Artist Canvas from China A-570-899 (3rd Review).  Mary Kolberg, (202) 482-1785.
Biaxial Integral Geogrid Products from China A-   Thomas Martin, (202) 482-3936.
 570-036 (1st Review).
Off-The-Road Tires from India A-533-869 (1st      Thomas Martin, (202) 482-3936.
 Review).
         Countervailing Duty Proceedings
 
Ammonium Sulfate from China C-570-050 (1st        Thomas Martin, (202) 482-3936.
 Review).
Amorphous Silica Fabric from China C-570-039      Jacky Arrowsmith, (202) 482-5255.
 (1st Review).
Biaxial Integral Geogrid Products from China C-   Thomas Martin, (202) 482-3936.
 570-037 (1st Review).
Off-The-Road Tires from India C-533-870 (1st      Jacky Arrowsmith, (202) 482-5255.
 Review).
            Suspended Investigations
 
No Sunset Review of suspended investigations is
 scheduled for initiation in February 2022.
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    Commerce's procedures for the conduct of Sunset Review are set 
forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) 
Review provides further information regarding what is required of all 
parties to participate in Sunset Review.
    Pursuant to 19 CFR 351.103(c), Commerce will maintain and make 
available a service list for these proceedings. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact 
Commerce in writing within 10

[[Page 73]]

days of the publication of the Notice of Initiation.
    Please note that if Commerce receives a Notice of Intent to 
Participate from a member of the domestic industry within 15 days of 
the date of initiation, the review will continue.
    Thereafter, any interested party wishing to participate in the 
Sunset Review must provide substantive comments in response to the 
notice of initiation no later than 30 days after the date of 
initiation. Note that Commerce has modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\1\
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    \1\ See 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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    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: December 14, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
    Opportunity To Request a Review: Not later than the last day of 
January 2022,\2\ interested parties may request administrative review 
of the following orders, findings, or suspended investigations, with 
anniversary dates in January 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 to review
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          Antidumping Duty Proceedings
 
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-         1/1/21-12/31/21
 806...........................................
BRAZIL: Prestressed Concrete Steel Wire Stand,           1/1/21-12/31/21
 A-351-837.....................................
CANADA: Softwood Lumber, A-122-857.............          1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, A-428-          7/23/20-12/31/21
 847...........................................
INDIA: Prestressed Concrete Steel Wire Strand,           1/1/21-12/31/21
 A-533-828.....................................
    Polyester Textured Yarn, A-533-885.........          1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, A-475-840         7/23/20-12/31/21
MEXICO: Prestressed Concrete Steel Wire Strand,          1/1/21-12/31/21
 A-201-831.....................................
REPUBLIC OF KOREA: Prestressed Concrete Steel            1/1/21-12/31/21
 Wire Strand, A-580-852........................
RUSSIA: Carbon and Alloy Steel Wire Rod, A-821-          1/1/21-12/31/21
 824...........................................
SOUTH AFRICA: Ferrovanadium, A-791-815.........          1/1/21-12/31/21
THAILAND: Prestressed Concrete Steel Wire                1/1/21-12/31/21
 Strand, A-549-820.............................
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/21-12/31/21
 Hypochlorite, A-570-008.......................
    Carbon and Certain Alloy Steel Wire Rod, A-          1/1/21-12/31/21
     570-012...................................
    Certain Crepe Paper Products, A-570-895....          1/1/21-12/31/21
    Certain Hardwood Plywood Products, A-570-            1/1/21-12/31/21
     051.......................................
    Ferrovanadium, A-570-873...................          1/1/21-12/31/21
    Folding Gift Boxes, A-570-866..............          1/1/21-12/31/21
    Polyester Textured Yarn, A-570-097.........          1/1/21-12/31/21
    Potassium Permanganate, A-570-001..........          1/1/21-12/31/21
    Wooden Bedroom Furniture, A-570-890........          1/1/21-12/31/21
UNITED ARAB EMIRATES: Carbon and Alloy Steel             1/1/21-12/31/21
 Wire Rod, A-520-808...........................
 
        Countervailing Duty Proceedings
 
ARGENTINA: Biodiesel, C-357-821................          1/1/21-12/31/21
CANADA: Softwood Lumber, C-122-858.............          1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, C-428-      5/26/2020-12/31/2021
 848...........................................
INDIA: Polyester Textured Yarn, C-533-886......          1/1/21-12/31/21
    Forged Steel Fluid End Blocks, C-533-894...     5/26/2020-12/31/2021
INDONESIA: Biodiesel, C-560-831................          1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, C-475-841     5/26/2020-12/31/2021
THE PEOPLE'S REPUBLIC OF CHINA: Calcium                  1/1/21-12/31/21
 Hypochlorite, C-570-009.......................
    Carbon and Certain Alloy Steel Wire Rod, C-          1/1/21-12/31/21
     570-013...................................
    Circular Welded Carbon Quality Steel Line            1/1/21-12/31/21
     Pipe, C-570-936...........................
    Certain Hardwood Plywood Products, C-570-            1/1/21-12/31/21
     052.......................................
    Certain Oil Country Tubular Goods, C-570-            1/1/21-12/31/21
     944.......................................
    Certain Tool Chests and Cabinets, C-570-057          1/1/21-12/31/21
    Forged Steel Fluid End Blocks, C-570-116...     5/26/2020-12/31/2021
    Polyester Textured Yarn, C-570-098.........          1/1/21-12/31/21
 
             Suspension Agreements
 
RUSSIA: Certain Cut To Length Carbon Steel               1/1/21-12/31/21
 Plate, A-821-808..............................
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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 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.

[[Page 74]]

    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://www.trade.gov/us-antidumping-and-countervailing-duties.
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    Commerce no longer considers the non-market economy (NME) entity as 
an exporter conditionally subject to an antidumping duty administrative 
reviews.\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 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 January 2022. If Commerce does not receive, by the 
last day of January 2022, 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.

Establishment of and Updates to the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\8\ On September 
27, 2021, Commerce also published the notice entitled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\9\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\10\
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    \8\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \9\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \10\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register before November 4, 2021, Commerce created an 
annual inquiry service list segment for each order and suspended 
investigation. Interested parties who wished to be added to the annual 
inquiry service list for an order submitted an entry of appearance to 
the annual inquiry service list segment for the order in ACCESS, and on 
November 4, 2021, Commerce finalized the initial annual inquiry service 
lists for each order and suspended investigation. Each annual inquiry 
service list has been saved as a public service list in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
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    \11\ This segment has been combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    As mentioned in the Procedural Guidance, beginning in January 2022, 
Commerce will update these annual inquiry service lists on an annual 
basis

[[Page 75]]

when the Opportunity Notice for the anniversary month of the order or 
suspended investigation is published in the Federal Register.\12\ 
Accordingly, Commerce will update the annual inquiry service lists for 
the above-listed antidumping and countervailing duty proceedings. All 
interested parties wishing to appear on the updated annual inquiry 
service list must take one of the two following actions: (1) New 
interested parties who did not previously submit an entry of appearance 
must submit a new entry of appearance at this time; (2) Interested 
parties who were included in the preceding annual inquiry service list 
must submit an amended entry of appearance to be included in the next 
year's annual inquiry service list. For these interested parties, 
Commerce will change the entry of appearance status from ``Active'' to 
``Needs Amendment'' for the annual inquiry service lists corresponding 
to the above-listed proceedings. This will allow those interested 
parties to make any necessary amendments and resubmit their entries of 
appearance. If no amendments need to be made, the interested party 
should indicate in the area on the ACCESS form requesting an 
explanation for the amendment that it is resubmitting its entry of 
appearance for inclusion in the annual inquiry service list for the 
following year. As mentioned in the Final Rule,\13\ once the 
petitioners and foreign governments have submitted an entry of 
appearance for the first time, they will automatically be added to the 
updated annual inquiry service list each year.
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    \12\ See Procedural Guidance, 86 FR at 53206.
    \13\ See Final Rule, 86 FR at 52335.
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[FR Doc. 2021-28406 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P