13974 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 

7See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 8See section 751(a)(2)(C) of the Act. 9See Order. 

publication of this notice in the Federal 

Register, in accordance with 19 CFR 

351.224(b). 

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 Patrol (CBP) shall 

assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. In 

accordance with 19 CFR 351.212(b)(1), 

for Perfiles and Regiopytsa, the 

mandatory respondents, Commerce 

calculated importer-specific ad valorem 

antidumping duty assessment rates 

based on the ratio of the total amount of 

dumping calculated for each importer’s 

examined sales to the total entered 

value of those same sales. Where either 

a 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. 

Consistent with the reseller policy, for 

entries of subject merchandise during 

the POR produced by the mandatory 

respondents for which they did not 

know their merchandise was destined 

for the United States, we intend to 

instruct CBP to liquidate unreviewed 

entries at the all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction.7

The assessment rate for antidumping 

duties for each of the companies not 

selected for individual examination, 

will be equal to the weighted-average 

dumping margin identified above in the 

‘‘Final Results of Review’’ section. 

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 duties, where applicable.8

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 41 days after the date of 

publication of the final results of this 

review in the Federal Register, in 

accordance with 19 CFR 356.8(a). 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). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of 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 the companies 

listed above will be equal to the 

weighted-average dumping margin 

established in the final results of this 

administrative review; (2) for 

merchandise exported by producers or 

exporters not covered in this review but 

covered in a prior completed segment of 

the proceeding, the cash deposit rate 

will continue to be the relevant 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a prior 

review, or the original investigation, but 

the producer has been covered in a prior 

complete segment of this proceeding, 

then the cash deposit rate will be the 

rate established for the most recentlycompleted segment for the producer of 

the merchandise; and (4) the cash 

deposit rate for all other producers or 

exporters will continue to be 3.76 

percent,9 the all-others rate established 

in the less-than-fair-value investigation. 

These cash 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 Commerce’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). 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 the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a)(1) and 

777(i) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: March 4, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Perfiles’ Reported Billing 

Adjustments 

Comment 2: Cohen’s d Test 

Comment 3: Application of Adverse Facts 

Available to Perfiles’ Home Market Sales 

Comment 4: Production Cost of Off-Grade 

and Defective Products 

Comment 5: Adjustment to Perfiles’ 

Reported Coil Cost 

Comment 6: Unreconciled Differences of 

Perfiles’ Production Costs 

Comment 7: Major Input Analysis 

Comment 8: Application of Adverse Facts 

Available to Regiopytsa’s Financial 

Expense Ratio 

VI. Recommendation 

[FR Doc. 2022–05211 Filed 3–10–22; 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 February 8, 2022, a 

NAFTA Binational Panel issued its 

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) 

Third Determination on Remand and 

ordered Economia to issue a 

redetermination within 90 days. 

FOR FURTHER INFORMATION CONTACT: 

Vidya Desai, Acting United States 


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Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 13975 

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: March 8, 2022. 

Garrett Peterson, 

International Trade Specialist, NAFTA 

Secretariat. 

[FR Doc. 2022–05169 Filed 3–10–22; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB797] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Offshore 

From New York to Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of Renewal 

incidental harassment authorization 

(IHA). 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a Renewal 

incidental harassment authorization 

(IHA) to ;rsted to incidentally harass 

marine mammals incidental to marine 

site characterization surveys offshore 

from New York to Massachusetts. 

DATES: This Renewal IHA is valid from 

the date of issuance through September 

24, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Carter Esch, Office of Protected 

Resources, NMFS, (301) 427–8421. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), as well as a list of the 

references cited in this document, may 

be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

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

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 proposed or, if the taking 

is limited to harassment, a notice of a 

proposed incidental take authorization 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods not to exceed one 

year for each reauthorization. In the 

notice of proposed IHA for the initial 

authorization, NMFS described the 

circumstances under which we would 

consider issuing a Renewal IHA for this 

activity, and requested public comment 

on a potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-year Renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Detailed Description of Specified 

Activities section of the initial IHA 

issuance notice would not be completed 

by the time the initial IHA expires and 

a renewal would allow for completion 

of the activities beyond that described 

in the DATES section of the initial IHA 

issuance, provided all of the following 

conditions are met: 

(1) A request for renewal is received 

no later than 60 days prior to the needed 

Renewal IHA effective date (recognizing 

that the Renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA). 

(2) The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

Renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

(3) Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 


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