Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices 81451 

5See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 2018– 

2019 Administrative Review of the Antidumping 

Duty Order on Large Residential Washers from 

Mexico,’’ (IDM), dated concurrently with, and 

hereby adopted by, this notice. 

6See Large Residential Washers from Mexico and 

the Republic of Korea: Antidumping Duty Orders, 

78 FR 11148 (February 15, 2013). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs are listed in the 

Appendix to this notice and addressed 

in the IDM.5 Interested parties can find 

a complete discussion of these issues 

and the corresponding 

recommendations in this public 

memorandum, which 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 IDM can be 

accessed directly at https://

enforcement.trade.gov/frn/index.html. 

The signed IDM and the electronic 

version of the IDM are identical in 

content. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding our Preliminary 

Results, we made no changes to the 

preliminary weighted-average margin 

for Electrolux. 

Final Results of the Review 

As a result of this review, Commerce 

determines that a weighted-average 

dumping margin of 3.53 percent exists 

for Electrolux for the period February 1, 

2018 through January 31, 2019. 

Assessment Rates 

Pursuant to section 751(a)(2)(C) of the 

Act, and 19 CFR 351.212(b)(1), 

Commerce has determined, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. 

Pursuant to 19 CFR 351.212(b)(1), 

Electrolux reported the entered value of 

its U.S. sales such that we calculated 

importer-specific ad valorem duty 

assessment rates based on the ratio of 

the total amount of dumping calculated 

for the examined sales to the total 

entered value of the sales for which 

entered value was reported. Where the 

respondent’s weighted-average dumping 

margin is zero or de minimis within the 

meaning of 19 CFR 351.106(c)(1), or an 

importer-specific assessment rate is zero 

or de minimis, we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

We intend to issue liquidation 

instructions to CBP 41 days after 

publication of the final results of this 

review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for Electrolux will 

be equal to the weighted-average 

dumping margin that is established in 

the final results of this review, except if 

the rate is less than 0.50 percent and, 

therefore, de minimis within the 

meaning of 19 CFR 351.106(c)(1), in 

which case the cash deposit rate will be 

zero; (2) for previously investigated 

companies not participating in this 

review, the cash deposit will continue 

to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which the company participated; (3) if 

the exporter is not a firm covered in this 

review, a prior review, or the original 

less-than-fair-value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the cash 

deposit rate established for the most 

recently completed segment for the 

producer of the subject merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be 36.52 percent, the all-others rate 

established in the LTFV investigation.6

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Administrative Protective Order 

This notice serves as the only 

reminder to 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), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the 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. 

Dated: December 10, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the IDM 

I. Summary 

II. Background 

III. Margin Calculations 

IV. Discussion of Issues 

Comment 1: Differential Pricing—the Ratio 

Test 

Comment 2: Differential Pricing— 

Calculating the Denominator of the 

Cohen’s d Test 

Comment 3: CEP Offset for Electrolux’s 

Canadian Sales 

Comment 4: Capping Freight Revenue in 

the Comparison Market 

V. Recommendation 

[FR Doc. 2020–27638 Filed 12–15–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free Trade Agreement 

(NAFTA), Article 1904; Binational Panel 

Review: Notice of NAFTA Panel 

Decision 

AGENCY: United States Section, NAFTA 

Secretariat, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of NAFTA Panel 

Decision in the matter of Ammonium 

Sulphate from the United States of 

America. (Secretariat File Number: 

MEX–USA–2015–1904–01.) 

SUMMARY: On December 7, 2020, a 

NAFTA Binational Panel issued its 

Final Decision in the matter of 

Ammonium Sulphate from the United 

States of America (Determination on 

Remand). The Binational Panel 

remanded the Secretaria de Economia’s 

(Economia) Determination on Remand 


khammond on DSKJM1Z7X2PROD with NOTICES
81452 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Notices 

and ordered Economia to issue a 

redetermination within 90 days. 

FOR FURTHER INFORMATION CONTACT: 

Vidya Desai, Acting United States 

Secretary, NAFTA Secretariat, Room 

2061, 1401 Constitution Avenue NW, 

Washington, DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Article 

1904 of Chapter 19 of NAFTA provides 

a dispute settlement mechanism 

involving trade remedy determinations 

issued by the Government of the United 

States, the Government of Canada, and 

the Government of Mexico. Following a 

Request for Panel Review, a Binational 

Panel is composed to provide judicial 

review of the trade remedy 

determination being challenged and 

then issue a binding Panel Decision. 

The NAFTA Binational Panel Decision 

is available publicly at https://can-mexusa-sec.org/secretariat/report-rapportreporte.aspx?lang=eng. There are 

established NAFTA Rules of Procedure 

for Article 1904 Binational Panel 

Reviews and the NAFTA Panel Decision 

has been notified in accordance with 

Rule 70. For the complete Rules, please 

see https://can-mex-usa-sec.org/ 

secretariat/agreement-accord-acuerdo/ 

nafta-alena-tlcan/rules-regles-reglas/ 

article-article-articulo_

1904.aspx?lang=eng. 

Dated: December 10, 2020. 

Vidya Desai, 

Acting U.S. Secretary, NAFTA Secretariat. 

[FR Doc. 2020–27612 Filed 12–15–20; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA698] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Long Beach 

Cruise Terminal Improvement Project 

in the Port of Long Beach, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: NMFS has received a request 

from the Carnival Corporation & PLC 

(Carnival) for the re-issuance of a 

previously issued incidental harassment 

authorization (IHA) with the only 

change being effective dates. The initial 

IHA authorized take of five species of 

marine mammals, by Level A and Level 

B harassment, incidental to construction 

associated with the Port of Long Beach 

Cruise Terminal Improvement Project in 

Port of Long Beach, California. The 

project has been delayed and none of 

the work covered in the initial IHA has 

been conducted. The initial IHA was 

effective from November 19, 2019, 

through November 18, 2020. Carnival 

has requested re-issuance with new 

effective dates of December 10, 2020 

through December 9, 2021. The scope of 

the activities and anticipated effects 

remain the same, authorized take 

numbers are not changed, and the 

required mitigation, monitoring, and 

reporting remains the same as included 

in the initial IHA. NMFS is, therefore, 

issuing a second identical IHA to cover 

the incidental take analyzed and 

authorized in the initial IHA. 

DATES: This authorization is effective 

from December 10, 2020, through 

December 9, 2021. 

ADDRESSES: An electronic copy of the 

final 2019 IHA previously issued to 

Carnival, Carnival’s application, and the 

Federal Register notices proposing and 

issuing the initial IHA may be obtained 

by visiting https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-cruiseterminal-improvement-project-portlong-beach-ca. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

Marine Mammal Protection Act (MMPA; 

16 U.S.C. 1361 et seq.) direct the 

Secretary of Commerce (as delegated to 

NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

Summary of Request 

On November 25, 2019, NMFS 

published final notice of our issuance of 

an IHA authorizing take of marine 

mammals incidental to the Port of Long 

Beach Cruise Terminal Improvement 

Project (84 FR 64833). The effective 

dates of that IHA were November 19, 

2019 through November 18, 2020. On 

November 24, 2020, Carnival informed 

NMFS that the project was delayed. 

None of the pile driving considered in 

the initial IHA has occurred. Carnival 

submitted a request that we reissue an 

identical IHA that would be effective 

from December 10, 2020 through 

December 9, 2021, in order to conduct 

the construction work that was analyzed 

and for which take was authorized in 

the previously issued IHA. Therefore, 

re-issuance of the IHA is appropriate. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities (including 

mitigation, monitoring, and reporting), 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

and authorized through the previously 

issued IHA. 

The purpose of Carnival’s project is to 

make improvements to its existing 

berthing facilities at the Long Beach 

Cruise Terminal in order to 

accommodate a new, larger class of 

cruise ships. Implementation of the 

project requires pile driving to install 

two high-capacity mooring dolphins, 

fenders, and a new passenger bridge 

system, and dredging at the existing 


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