Initiation of Antidumping and Countervailing Duty Administrative Reviews

Cited as:85 FR 78990
Court:Commerce Department, International Trade Administration
Publication Date:08 Dec 2020
Record Number:2020-26948
78990
Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices
1
See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
2
See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
allowable time frame), loan/grant
combination eligibility, and applicant
compliance with certain Federal
regulations and requirements.
Description of Respondents: Business
or other for-profit; Not-for-profit
institutions.
Number of Respondents: 50.
Frequency of Responses: Reporting:
On occasion.
Total Burden Hours: 20,942.
Levi S. Harrell,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2020–26923 Filed 12–7–20; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders and
findings with October anniversary dates.
In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES
: Applicable December 8, 2020.
FOR FURTHER INFORMATION CONTACT
:
Brenda E. Brown, 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.
SUPPLEMENTARY INFORMATION
:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders and
findings with October anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.
1
Such
submissions are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
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
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 30 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 777A(c)(2) 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
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 351.213(d)(1), 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 773(e)
of the Act.
2
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).
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3
Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently completed
segment of the proceeding in which they
participated.
4
Only changes to the official company name,
rather than trade names, need to be addressed via
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
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
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
Commerce’s 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 Commerce’s 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
of the proceeding
3
should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,
4
should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
Commerce’s 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 Separate Rate
Application, refer to the instructions
contained in the application. Separate
Rate Applications are due to Commerce
no later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate
Application applies equally to NME-
owned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
For exporters and producers who
submit a Separate Rate Application or
Certification and subsequently are
selected as mandatory respondents,
these exporters and producers will no
longer be eligible for separate rate status
unless they respond to all parts of the
questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
AD and CVD orders and findings. We
intend to issue the final results of these
reviews not later than October 31, 2021.
Period to be reviewed
AD Proceedings
AUSTRALIA: Hot-Rolled Steel Flat Products, A–602–809 ................................................................................................. 10/1/19–9/30/20
BlueScope Steel, Ltd
5
.
BRAZIL: Hot-Rolled Steel Flat Products, A–351–845 ......................................................................................................... 10/1/19–9/30/20
Aperam Inox America Do Sul S.A.
Arcelormittal Brasil S.A.
Companhia Sideru
´rgica Do Pece
´m (CSP).
Gerdau Ac
¸ominas S.A.
Gerdau Summit Acos Fundidos e Forjados S.A.
La
´mina Desplegada S.A. de C.V.
MAHLE Metal Leve S.A.
NVent do Brasil Eletrometalurgica Ltda.
Prensas Schuler S.A.
Signode Brasileira Ltda.
Ternium Brasil Ltda.
Usinas Sideru
´rgicas de Minas Gerais S.A. (Usiminas).
INDIA: Stainless Steel Flanges, A–533–877 ....................................................................................................................... 10/1/19–9/30/20
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Period to be reviewed
Ae Engineers & Exporters.
Arien Global.
Armstrong International Pvt. Ltd.
Avini Metal Limited.
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
Bee Gee Enterprises.
BFN Forgings Private Limited (formerly Bebitz Flanges Works Private Limited).
Broadway Overseas Ltd.
Bsl Freight Solutions Pvt., Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd).
Chandan Steel Limited.
Cipriani Harrison Valves Pvt. Ltd.
CTL Logistics (India) Pvt. Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics.
Echjay Forgings Pvt. Ltd.
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
G.I. Auto Pvt. Ltd.
Geodis Oversea Pvt., Ltd.
Globelink WW India Pvt., Ltd.
Good Luck Engineering Co.
Goodluck India Ltd.
Hilton Metal Forging Limited.
Jai Auto Pvt. Ltd.
Jay Jagdamba Forgings Private Limited.
Jay Jagdamba Limited.
Jay Jagdamba Ltd.
Jay Jagdamba Profile Private Limited.
Katariya Steel Distributors.
Kisaan Die Tech.
Kunj Forgings Pvt. Ltd.
Lotus CNC Components.
Montane Shipping Pvt., Ltd.
Motor Aids.
Noble Shipping Pvt. Ltd.
Paramount Forge.
Pashupati Ispat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Peekay Steel Castings Pvt. Ltd.
Pradeep Metals Ltd.
R D Forge Pvt., Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
SAR Transport Systems.
Shilpan Steelcast Pvt. Ltd.
Shree Jay Jagdamba Flanges Private Limited.
Teamglobal Logistics Pvt. Ltd.
Technical Products Corporation.
Technocraft Industries India Ltd.
Transworld Enterprises.
Transworld Global Logistics Solutions (India) Pvt. Ltd.
Transworld Group.
VEEYES Engineering Pvt. Ltd.
Viraj Profiles Ltd.
Vishal Shipping Agencies Pvt. Ltd.
Yusen Logistics (India) Pvt. Ltd.
JAPAN: Certain Hot-Rolled Steel Flat Products, A–588–874 ............................................................................................. 10/1/19–9/30/20
HANWA Co., Ltd.
Higuchi Manufacturing America, LLC.
Higuchi Seisakusho Co., Ltd.
Hitachi Metals, Ltd.
Honda Trading Canada, Inc.
JFE Steel Corporation.
JFE Shoji Trade America.
JFE Shoji Trade Corporation.
Kanematsu Corporation.
Kobe Steel, Ltd.
Metal One Corporation.
Mitsui & Co., Ltd.
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Period to be reviewed
Miyama Industry Co., Ltd.
Nakagawa Special Steel Inc.
Nippon Steel & Sumikin Bussan Corporation.
Nippon Steel & Sumikin Logistics Co., Ltd.
Nippon Steel & Sumitomo Metal Corporation.
Nippon Steel Corporation.
Nippon Steel Trading Corporation (formerly Nippon Steel & Sumikin Bussan Corporation).
Nisshin Steel Co., Ltd.
OKAYA & Co., Ltd.
Panasonic Corporation.
Saint-Gobain K.K.
Shinsho Corporation.
Sumitomo Corporation.
Suzukaku Co., Ltd.
Suzukaku Corporation.
Tokyo Steel Manufacturing Co., Ltd.
Toyota Tsusho Corporation Nagoya.
MEXICO: Refillable Stainless Steel Kegs, A–201–849 ....................................................................................................... 10/9/19–9/30/20
Cerveceria Cuauhtemoc Moctezuma S.A. de C.V.
Europartners Mexico S.A. de C.V.
Grupo de Intercambio Comercial S.A. de C.V.
Thielmann Mexico S.A. de C.V.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ..................................................................................... 10/1/19–9/30/20
ArcelorMittal Las Truchas, S.A. de C.V.
Deacero S.A.P.I. de C.V.
Grupo Villacero S.A. de C.V.
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V.
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, A–580–883 .................................................................. 10/1/19–9/30/20
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyundai Steel Company.
KG Dongbu Steel Co., Ltd.
Marubeni-Itochu Steel Korea, Ltd.
POSCO.
POSCO Daewoo Corporation.
Snp Ltd.
Soon Hong Trading Co.
Sungjin Co., Ltd.
THAILAND: Glycine, A–549–837 ........................................................................................................................................ 8/5/19–9/30/20
Newtrend Food Ingredient (Thailand) Co., Ltd.
THE NETHERLANDS: Certain Hot-Rolled Steel Flat Products, A–421–813 ..................................................................... 10/1/19–9/30/20
Tata Steel Ijmuiden BV.
TURKEY: Certain Hot-Rolled Steel Flat Products, A–489–826 .......................................................................................... 10/1/19–9/30/20
Agir Haddecilik AS.
Cag Celik Demir ve Celik.
Colakoglu Metalurji, AS/Colakoglu Dis Ticaret AS
6
.
Eregli Demir ve Celik Fabrikalari T.A.S.
Gazi Metal Mamulleri Sanayi Ve Ticaret AS.
Habas Industrial and Medical Gases Production Industries Inc.
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.
Iskenderun Iron & Steel Works Co.
Kayseri Metal Center San. ve Tic. AS.
Kibar Group (Kibar Dis Ticaret A.S.).
MMK Atakas Metalurji.
Ozkan lron and Steel lnd.
Seametal San ve Dis Tic.
Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac).
UKRAINE: Oil Country Tubular Goods
7
, A–823–815 ......................................................................................................... 7/10/19–6/30/20
CVD Proceedings
BRAZIL: Certain Hot-Rolled Steel Flat Products, C–351–846 ............................................................................................ 1/1/19–12/31/19
Aperam Inox America Do Sul S.A.
Arcelormittal Brasil S.A.
Companhia Sideru
´rgica Do Pecem (CSP).
Gerdau Ac
¸ominas S.A.
Gerdau Summit Acos Fundidos e Forjados S.A.
La
´mina Desplegada S.A. de C.V.
MAHLE Metal Leve S.A.
NVent do Brasil Eletrometalurgica Ltda.
Prensas Schuler S.A.
Signode Brasileira Ltda.
Ternium Brasil Ltda.
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).
INDIA: Stainless Steel Flanges, C–533–878 ...................................................................................................................... 1/1/19–12/31/19
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Period to be reviewed
Arien Global.
Arien Metals Private Limited.
Armstrong International Pvt. Ltd.
Avini Metal Limited.
Balkrishna Steel Forge Pvt. Ltd.
Bebitz Flanges Works Pvt. Ltd.
Bee Gee Enterprises.
BFN Forgings Private Limited.
Bsl Freight Solutions Pvt., Ltd.
CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd).
Chandan Steel Limited.
Cipriani Harrison Valves Pvt. Ltd.
CTL Logistics (India) Pvt. Ltd.
Dongguan Good Luck Furniture Industrial Co., Ltd.
DSV Air and Sea Pvt. Ltd.
DSV Logistics.
Echjay Forgings Pvt. Ltd.
Fivebros Forgings Pvt. Ltd.
Fluid Controls Pvt. Ltd.
Geodis Oversea Pvt., Ltd.
Globelink WW India Pvt., Ltd.
Good Luck Engineering Co.
Goodluck India Ltd.
Hilton Metal Forging Limited.
Jai Auto Pvt. Ltd.
Jay Jagdamba Limited.
Jay Jagdamba Profile Private Limited.
Jay Jagdamba Forgings Private Limited.
Katariya Steel Distributors.
Kisaan Die Tech Pvt. Ltd.
Kunj Forgings Pvt. Ltd.
Montane Shipping Pvt., Ltd.
Noble Shipping Pvt. Ltd.
Paramount Forge.
Pashupati Ispat Pvt. Ltd.
Pashupati Tradex Pvt., Ltd.
Peekay Steel Castings Pvt. Ltd.
Pradeep Metals Ltd.
R D Forge Pvt., Ltd.
Rolex Fittings India Pvt. Ltd.
Rollwell Forge Pvt. Ltd.
Safewater Lines (I) Pvt. Ltd.
Saini Flange Pvt. Ltd.
SAR Transport Systems.
Shilpan Steelcast Pvt. Ltd.
Shree Jay Jagdamba Flanges Private Limited.
Teamglobal Logistics Pvt. Ltd.
Technical Products.
Technical Products Corporation.
Technocraft Industries India Ltd.
Transworld Enterprises.
Transworld Global Logistics Solutions (India) Pvt. Ltd.
Transworld Group.
VEEYES Engineering Pvt. Ltd.
Viraj Profiles Ltd.
Vishal Shipping Agencies Pvt. Ltd.
Yusen Logistics (India) Pvt. Ltd.
REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, C–580–884 .................................................................. 1/1/19–12/31/19
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.).
Hyundai Steel Company
8
.
JFE Shoji Trade Korea Ltd.
POSCO.
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation.
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
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5
Commerce found that BlueScope Steel (AIS) Pty
Ltd and BlueScope Steel Distribution Pty Ltd are
affiliated with BlueScope Steel, Ltd, the company
for which a review was requested, as such, is
initiating this review with respect to all three
companies. See Certain Hot-Rolled Steel Flat
Products from Australia: Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination, 81 FR 15241 (March 22,
2016), and accompanying Preliminary Decision
Memorandum at 8; unchanged in Certain Hot-
Rolled Steel Flat Products from Australia: Final
Determination of Sales at Less Than Fair Value, 81
FR 53406, 53407 (August 12, 2016), and
accompanying Issues and Decision Memorandum.
6
In the final determination, Commerce continued
to find that Colakoglu Metalurji A.S. and Colakoglu
Dis Ticaret A.S. are a single entity—Colakoglu. See
Certain Hot-Rolled Steel Flat Products from the
Republic of Turkey: Final Determination of Sales at
Less Than Fair Value, 81 FR 53428 (August 12,
2016). Certain Hot-Rolled Steel Flat Products from
Turkey produced and exported by Colakoglu were
excluded from the order effective May 15, 2020. See
Certain Hot-Rolled Steel Flat Products from Turkey:
Notice of Court Decision Not in Harmony with the
Amended Final Determination in the Less-Than-
Fair-Value Investigation; Notice of Amended Final
Determination, Amended Antidumping Duty Order,
Notice of Revocation of Antidumping Duty Order in
Part; and Discontinuation of the 2017–18 and 2018–
19 Antidumping Duty Administrative Reviews, in
Part, 85 FR 29399 (May 15, 2020). Accordingly, we
are initiating this administrative review with
respect to Colakoglu only for Certain Hot-Rolled
Flat Products produced in Turkey where Colakoglu
acted as either the manufacturer or exporter (but not
both).
7
In the initiation notice that published on
September 3, 2020 (85 FR 54983) Commerce
inadvertently listed the wrong period of review for
the referenced case above. The correct POR is listed
in this notice.
8
This company may also be referenced as
‘‘Hyundai Steel Co., Ltd’’.
9
See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
10
See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
11
See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
12
See 19 CFR 351.302.
Suspension Agreements
None.
Duty Absorption Reviews
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an AD order under 19
CFR 351.211 or a determination under
19 CFR 351.218(f)(4) to continue an
order or suspended investigation (after
sunset review), Commerce, if requested
by a domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether AD duties have been
absorbed by an exporter or producer
subject to the review if the subject
merchandise is sold in the United States
through an importer that is affiliated
with such exporter or producer. The
request must include the name(s) of the
exporter or producer for which the
inquiry is requested.
Gap Period Liquidation
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
‘‘gap’’ period of the order (i.e., the
period following the expiry of
provisional measures and before
definitive measures were put into
place), if such a gap period is applicable
to the POR.
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,
9
available
at https://enforcement.trade.gov/frn/
2013/1304frn/2013-08227.txt, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.
10
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.
11
Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.
12
In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
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78996
Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices
1
See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 33628,
33630 (June 2, 2020).
2
See Mubea’s Letter, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel:
Request for Administrative Review,’’ dated June 5,
2020.
3
See Petitioners’ letter, ‘‘Cold-Drawn Mechanical
Tubing from Switzerland—Domestic Industry’s
Request for Second Administrative Review of the
Antidumping Duty Order,’’ dated July 1, 2019.
4
See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
47731 (August 6, 2020).
5
See Petitioners’ letter, ‘‘Cold-Drawn Mechanical
Tubing from Switzerland—Domestic Industry’s
Withdrawal of Request for Second Administrative
Review,’’ dated October 9, 2020.
6
See Mubea’s letter, ‘‘Antidumping Duty
Administrative Review of Cold-Drawn Mechanical
Tubing of Carbon and Alloy Steel from Switzerland:
Withdrawal of Request for Administrative Review
of the Antidumping Order,’’ dated November 2,
2020.
7
See Petitioners’ Letter, ‘‘Cold-Drawn Mechanical
Tubing from Switzerland—Domestic Industry’s
Withdrawal of Request for Second Administrative
Review of Mubea,’’ dated November 4, 2020.
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: December 3, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–26948 Filed 12–7–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–441–801]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From
Switzerland: Rescission of
Antidumping Duty Administrative
Review: 2019–2020
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on certain
cold-drawn mechanical tubing of carbon
and alloy steel (cold-drawn mechanical
tubing) from Switzerland for the period
of review June 1, 2019, through May 31,
2020, based on timely withdrawals of
the requests for review.
DATES
: Applicable December 8, 2020.
FOR FURTHER INFORMATION CONTACT
:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION
:
Background
On June 2, 2020, Commerce published
in the Federal Register a notice of
opportunity to request and
administrative review of the AD order
on cold-drawn mechanical tubing from
Switzerland for the period of review
June 1, 2019, through May 31, 2020.
1
Pursuant to requests from Mubea
Pra
¨zisionsstahlrohr AG (MPST) and
Mubea Inc. (collectively, Mubea),
2
and
ArcelorMittal Tubular Products LLC,
Michigan Seamless Tube, LLC, PTC
Alliance Corp., and Webco Industries,
Inc., (the petitioners),
3
in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the
antidumping duty order on cold-drawn
mechanical tubing from Switzerland on
August 6, 2020, with respect to two
companies: Benteler Rothrist AG
(Benteler Rothrist), and, Mubea
Pra
¨zisionsstahlrohr AG (Mubea).
4
On
October 9, 2020, the petitioners timely
withdrew their request for an
administrative review with respect to
Benteler Rothrist.
5
On November 2,
2020, Mubea timely withdrew its
request for review.
6
On November 4,
2020, the petitioners withdrew their
request for an administrative review
with respect to Mubea.
7
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication date of the
notice of initiation of the requested
review. The petitioners and Mubea, the
only parties to request reviews,
withdrew their requests within the 90-
day deadline. Accordingly, we are
rescinding the administrative review of
the AD order on cold-drawn mechanical
tubing from Switzerland for the period
June 1, 2019, through May 31, 2020, in
its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of cold-drawn mechanical tubing
from Switzerland. Antidumping duties
shall be assessed at rates equal to the
cash deposit rate of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission notice, 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 review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to all parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: December 1, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–26921 Filed 12–7–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–089]
Certain Steel Racks From the People’s
Republic of China: Rescission of
Countervailing Duty Administrative
Review; 2018–2019
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) is rescinding the
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