Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35747 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

34708 (June 8, 2020); see also Certain Aluminum 

Foil from the People’s Republic of China: Amended 

Final Determination of Sales at Less Than Fair 

Value and Antidumping Duty Order: 83 FR 17362 

(April 19, 2018) (Order). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

3See Memorandum, ‘‘Aluminum Foil from the 

People’s Republic of China: Extension of Time 

Limit Deadline for Preliminary Results of 

Antidumping Duty Administrative Review,’’ dated 

February 26, 2021. 

4Consistent with the methodology employed in 

the less-than-fair-value (LTFV) investigation, we 

have continued to collapse Jiangsu Zhongji 

Lamination Materials Co., (HK) Ltd. (Zhongji HK), 

and Jiangsu Zhongji Lamination Materials Co., Ltd. 

(Jiangsu Zhongji), (collectively, Zhongji) and to treat 

these companies as a single entity. See 

Antidumping Duty Investigation of Certain 

Aluminum Foil from the People’s Republic of 

China: Affirmative Preliminary Determination of 

Sales at Less Than Fair Value and Postponement 

of Final Determination and Accompanying 

Preliminary Decision Memorandum, 82 FR 50858 

(November 2, 2017), and accompanying Preliminary 

Decision Memorandum at 16–18, unchanged in 

Certain Aluminum Foil From the People’s Republic 

of China: Final Determination of Sales at Less Than 

Fair Value, 83 FR 9282 (March 5, 2018). We find 

that record evidence supports treating each of these 

entities as a collapsed entity in this review. See 

Memorandum, ‘‘Zhongji Analysis for the 

Preliminary Results,’’ dated June 29, 2021. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review of Certain Aluminum Foil 

from the People’s Republic of China; 2018–2019,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

6See Preliminary Decision Memorandum at 2. 

7See Letter from Jiangsu Dingsheng New 

Materials Joint Stock Co., Ltd ‘‘No Shipment Letter 

for Jiangsu Dingsheng in the Administrative Review 

of Aluminum Foil from the People’s Republic of 

China,’’ dated July 8, 2020 Letter from Hangzhou 

Five Star, ‘‘No Shipment Letter for Hangzhou Five 

Star in the Administrative Review of the 

Antidumping Duty Order on Aluminum Foil from 

the People’s Republic of China,’’ dated July 8, 2020; 

Letter from Hangzhou Teemful, ‘‘No Shipment 

Letter for Hangzhou Teemful in the Administrative 

Review of the Antidumping Duty Order on 

Aluminum Foil from the People’s Republic of 

China,’’ dated July 8, 2020. 

Dated: June 30, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Methodology 

V. Recommendation 

[FR Doc. 2021–14447 Filed 7–6–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053] 

Certain Aluminum Foil From the 

People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Administrative Review, Partial 

Rescission of Antidumping Duty 

Administrative Review, and 

Preliminary Determination of No 

Shipments; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily finds that 

exporters of certain aluminum foil 

(aluminum foil) from the People’s 

Republic of China (China) sold subject 

merchandise in the United States at 

prices below normal value during the 

period of review (POR) April 1, 2019, 

through March 31, 2020. Additionally, 

Commerce is rescinding this review 

with respect to multiple companies. 

Interested parties are invited to 

comment on these preliminary results of 

this review. 

DATES: Applicable July 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Chelsey Simonovich or Michael J. 

Heaney, AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1979, or 

(202) 482–4475, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 8, 2020, Commerce initiated 

an administrative review of the 

antidumping duty order on aluminum 

foil from China,1 in accordance with 

section 751(a) of the Tariff Act of 1930, 

as amended (the Act). On July 21, 2020, 

Commerce tolled the deadlines for 

issuing its preliminary results by 60 

days.2 On February 26, 2021, pursuant 

to section 751(a)(3)(A) of the Act, 

Commerce extended the deadline for the 

preliminary results of this review by 120 

days, until June 29, 2021.3

The administrative review covers two 

mandatory respondents: (1) Jiangsu 

Zhongji Lamination Materials Co., (HK) 

Ltd.; Jiangsu Zhongji Lamination 

Materials Stock Co., Ltd.; Jiangsu 

Zhongji Lamination Materials Co., Ltd.; 

and Jiangsu Huafeng Aluminum 

Industry Co., Ltd (collectively, 

Zhongji); 4 and (2) Jiangsu Alcha 

Aluminum Co., Ltd. (Jiangsu Alcha). 

The administrative review also covers 

14 other companies that were not 

selected for individual examination. For 

details regarding the events that 

occurred subsequent to the initiation of 

the review, see the Preliminary Decision 

Memorandum.5 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

I to this notice. 

The Preliminary Decision 

Memorandum is a public document and 

is made available to the public 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 Preliminary Decision 

Memorandum can be found at https://

enforcement.trade.gov/frn/. 

Scope of the Order 

The merchandise covered by the 

Order is aluminum foil from China. For 

a complete description of the scope of 

the Order, see the Preliminary Decision 

Memorandum.6

Preliminary Determination of No 

Shipments 

Jiangsu Dingsheng New Materials 

Joint Stock Co., Ltd.; Hangzhou Teemful 

Aluminum Co., Ltd.; and Hangzhou 

Five Star Aluminum Co., Ltd. reported 

that they did not have any exports of 

subject merchandise during the POR.7

To date, we have found no evidence 

calling into question the no-shipment 

claims made by these companies; 

therefore, we preliminarily find that 

these companies had no shipments of 

subject merchandise to the United 

States during the POR. For additional 

information regarding these preliminary 

determinations, see the Preliminary 

Decision Memorandum. 

Partial Rescission of Administrative 

Review 

Section 351.213(d)(1) of Commerce’s 

regulations provides that Commerce 

will rescind an administrative review, 

in whole or in part, if all parties that 

requested a review withdraw their 

requests for review within 90 days of 

the publication date of the notice of 

initiation of the requested review. All 

parties timely withdrew their requests 

for administrative review of the 

following companies: (1) Baotou Alcha 

Aluminum Co., Ltd.; (2) Granges 

Aluminum (Shanghai) Co., Ltd.; (3) 

Guangxi Baise Xinghe Aluminum 

Industry Co., Ltd.; (4) Hangzhou 

DingCheng Aluminum Co., Ltd.; (5) 

Hangzhou Dingsheng Industrial Group 

Co. Ltd.; (6) Hangzhou Teemful 

Aluminum Co., Ltd.; (7) Huafon Nikkei 

Aluminium Corporation; (8) Jiangyin 

Dolphin Pack Ltd. Co.; (9) Luoyang 

Longding Aluminium Industries Co., 


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35748 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

8See Petitioner’s Letter, ‘‘2nd Administrative 

Review of the Antidumping Duty Order on Certain 

Aluminum Foil from the People’s Republic of 

China—Petitioner Partial Withdrawal of Review 

Requests’’ dated September 8, 2020. 

9See Preliminary Decision Memorandum at 7–10. 

10See Order, 83 FR at 17363. 

11See Antidumping Duty Investigation of Certain 

Aluminum Foil from the People’s Republic of 

China: Affirmative Preliminary Determination of 

Sales at Less-Than-Fair Value and Postponement of 

Final Determination, 82 FR 50858, 50861 

(November 2, 2017) (citing Memorandum, ‘‘China’s 

Status as a Non-Market Economy,’’ dated October 

26, 2017), unchanged in Certain Aluminum Foil 

from the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 83 

FR 9282 (March 5, 2018). 

12As noted above, the China-Wide Entity is not 

subject to this review. However, in this review we 

have preliminarily determined that the following 

companies under review are now part of the ChinaWide Entity: Jiangsu Alcha; SNTO International 

Group Limited. 

Ltd.; (10) Shandong Yuanrui Metal 

Material Co., Ltd.; (11) Shantou 

Wanshun Package Material Stock Co., 

Ltd.; (12) Suntown Technology Group 

Corporation Limited; (13) Suzhou 

Manakin Aluminum Processing 

Technology Co., Ltd.; (14) Walson (HK) 

Trading Co., Limited; (15) Yantai 

Donghai Aluminum Foil Co., Ltd.; (16) 

Yantai Jintai International Trade Co., 

Ltd.; and (17) Zhejiang Zhongjin 

Aluminum Industry Co., Ltd.8

Therefore, we are rescinding this review 

with respect to these companies, in 

accordance with 19 CFR 351.213(d)(1). 

For additional information regarding the 

rescission of Commerce’s administrative 

reviews, see the Preliminary Decision 

Memorandum. 

Separate Rates 

We have preliminarily determined 

that information placed on the record by 

the following companies demonstrates 

that these entities are eligible for a 

separate rate: (1) Zhongji; (2) Alcha 

International Holdings Limited; (3) 

Dingsheng Aluminum Industries (Hong 

Kong) Trading Co.; (4) Hangzhou 

Dingsheng Import & Export Co., Ltd.; (5) 

Hunan Suntown Marketing Limited; (6) 

Shanghai Huafon Aluminum 

Corporation; (7) Suntown Technology 

Group Limited; (8) Xiamen Xiashun 

Aluminum Foil Co., Ltd, and (9) 

Yinbang Clad Materials Co., Ltd. 

(Yinbang Clad).9

We have also preliminarily 

determined that Jiangsu Alcha and 

SNTO International Group Limited 

(SNTO) have not demonstrated their 

eligibility for a separate rate because 

SNTO did not file a separate application 

or certification with Commerce, and 

because Jiangsu Alcha failed to respond 

to our standard NME antidumping 

questionnaire. Therefore, we are treating 

these companies as part of the Chinawide entity. Because no party requested 

a review of the China-wide entity in this 

review, it is not under review and the 

entity’s rate (i.e., 105.80 percent) is not 

subject to change.10

For additional information regarding 

Commerce’s preliminary separate rates 

determinations, see the Preliminary 

Decision Memorandum. 

Dumping Margins for Separate Rate 

Companies 

The statute and Commerce’s 

regulations do not address what rate to 

apply to respondents not selected for 

individual examination when 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for non-selected 

respondents that are not examined 

individually in an administrative 

review. Section 735(c)(5)(A) of the Act 

states that the all-others rate should be 

calculated by averaging the weightedaverage dumping margins for 

individually examined respondents, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available. Where the rates for the 

individually examined companies are 

all zero, de minimis, or based entirely 

on facts available, section 735(c)(5)(B) of 

the Act provides that Commerce may 

use ‘‘any reasonable method’’ to 

establish the all-others rate. In this 

review, we calculated a rate for Zhongji 

that is not zero, de minimis, or based 

entirely on facts available. Therefore, we 

have assigned this rate to the companies 

not selected for individual examination 

but that are eligible for a separate rate. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 751(a)(1)(B) of the Act. We 

calculated export prices in accordance 

with section 772 of the Act. Because 

Commerce has determined that China is 

a non-market economy country,11

within the meaning of section 771(18) of 

the Act, Commerce calculated normal 

value in accordance with section 773(c) 

of the Act. 

For a full description of the 

methodology underlying the 

preliminary results of this review, see 

the Preliminary Decision Memorandum. 

Preliminary Results of the Review 

Commerce preliminarily determines 

that the following weighted-average 

dumping margins exist for the period 

April 1, 2019 through March 31, 2020: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd ....................................................................................... 118.99 

Alcha International Holdings Limited ................................................................................................................................................... 118.99 

Dingsheng Aluminum Industries Hong Kong Trading Co ................................................................................................................... 118.99 

Hangzhou Dingsheng Import & Export Co., Ltd .................................................................................................................................. 118.99 

Hunan Suntown Marketing Limited ..................................................................................................................................................... 118.99 

Shanghai Huafon Aluminum Corporation ............................................................................................................................................ 118.99 

Suntown Technology Group Limited ................................................................................................................................................... 118.99 

Xiamen Xiashun Aluminum Foil Co., Ltd ............................................................................................................................................ 118.99 

Yinbang Clad Materials Co., Ltd ......................................................................................................................................................... 118.99 

China-Wide Entity 12 ............................................................................................................................................................................ 105.80 


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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 35749 

13See 19 CFR 351.309(c)(ii). 

14See 19 CFR 351.309(d). 

15See 19 CFR 351.309(c)(2), (d)(2). 

16See 19 CFR 351.310(c). 

17See 19 CFR 351.310(d). 

18See generally 19 CFR 351.303. 

19See 19 CFR 351.303 (for general filing 

requirements); see also Antidumping and 

Countervailing Duty Proceedings: Electronic Filing 

Procedures; Administrative Protective Order 

Procedures, 76 FR 39263 (July 6, 2011). 

20See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 29615 (May 18, 2020); see 

also Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

21See 19 CFR 351.212(b)(1). 

22See Antidumping Proceedings: Calculation of 

the Weighted Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012). 

23See 19 CFR 351.212(b)(1). 

24 Id. 

25See Final Modification, 77 FR at 8103. 

26See Drawn Stainless Steel Sinks from the 

People’s Republic of China: Preliminary Results of 

the Antidumping Duty Administrative Review and 

Preliminary Determination of No Shipments: 2014– 

2015, 81 FR 29528 (May 12, 2016), and 

accompanying IDM at 10–11, unchanged in Drawn 

Stainless Steel Sinks from the People’s Republic of 

China: Final Results of Antidumping Duty 

Administrative Review; Final Determination of No 

Shipments; 2014–2015, 81 FR 54042 (August 15, 

2016). 

27See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011), for a full discussion 

of this practice. 

Disclosure and Public Comment 

Commerce intends to disclose to 

parties to the proceeding the 

calculations performed for these 

preliminary results of review within five 

days of the date of publication of this 

notice in the Federal Register in 

accordance with 19 CFR 351.224(b). 

Interested parties may submit case briefs 

no later than 30 days after the date of 

publication of these preliminary results 

of review in the Federal Register.13

Rebuttal briefs may be filed no later 

than seven days after case briefs are due 

and may respond only to arguments 

raised in the case briefs.14 A table of 

contents, list of authorities used, and an 

executive summary of issues should 

accompany any briefs submitted to 

Commerce. The summary should be 

limited to five pages total, including 

footnotes.15

Interested parties who wish to request 

a hearing must submit a written request 

to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, within 30 

days after the date of publication of this 

notice in the Federal Register.16

Requests should contain the party’s 

name, address, and telephone number, 

the number of individuals from the 

requesting party’s firm that will attend 

the hearing, and a list of the issues the 

party intends to discuss at the hearing. 

Oral arguments at the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, 

Commerce intends to hold the hearing 

at a date and time to be determined.17

Parties should confirm by telephone the 

date and time of the hearing two days 

before the scheduled date of the hearing. 

All submissions, with limited 

exceptions, must be filed electronically 

using ACCESS.18 An electronically filed 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS, by 5 p.m. 

Eastern Time (ET) on the due date.19

Note that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information until further 

notice.20 Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any briefs, 

within 120 days of publication of these 

preliminary results of review in the 

Federal Register, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results of 

review, Commerce will determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries covered by 

this review.21 Commerce intends to 

issue assessment instructions to CBP no 

earlier than 35 days after date of 

publication of the final results of this 

review in the Federal Register. 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). 

For each individually examined 

respondent in this review whose 

weighted-average dumping margin in 

the final results of review is not zero or 

de minimis (i.e., less than 0.5 percent), 

Commerce intends to calculate 

importer/customer-specific assessment 

rates, in accordance with 19 CFR 

351.212(b)(1).22 Where the respondent 

reported reliable entered values, 

Commerce intends to calculate 

importer/customer-specific ad valorem 

assessment rates by aggregating the 

amount of dumping calculated for all 

U.S. sales to the importer/customer and 

dividing this amount by the total 

entered value of the merchandise sold to 

the importer/customer.23 Where the 

respondent did not report entered 

values, Commerce will calculate 

importer/customer-specific assessment 

rates by dividing the amount of 

dumping for reviewed sales to the 

importer/customer by the total quantity 

of those sales. Commerce will calculate 

an estimated ad valorem importer/ 

customer-specific assessment rate to 

determine whether the per-unit 

assessment rate is de minimis; however, 

Commerce will use the per-unit 

assessment rate where entered values 

were not reported.24 Where an importer/ 

customer-specific ad valorem 

assessment rate is not zero or de 

minimis, Commerce will instruct CBP to 

collect the appropriate duties at the time 

of liquidation. Where either the 

respondent’s weighted average dumping 

margin is zero or de minimis, or an 

importer/customer-specific ad valorem 

assessment rate is zero or de minimis, 

Commerce will instruct CBP to liquidate 

appropriate entries without regard to 

antidumping duties.25

For the respondents that were not 

selected for individual examination in 

this administrative review, but which 

qualified for a separate rate, the 

assessment rate will be based on the 

weighted-average dumping margin(s) 

assigned to the respondent(s), as 

appropriate, in the final results of this 

review.26

Pursuant to Commerce’s refinement to 

its practice, for sales that were not 

reported in the U.S. sales database 

submitted by an exporter individually 

examined during this review, Commerce 

will instruct CBP to liquidate the entry 

of such merchandise at the dumping 

margin for the China-wide entity.27

Additionally, where Commerce 

determines that an exporter under 

review had no shipments of subject 

merchandise to the United States during 

the POR, any suspended entries of 

subject merchandise that entered under 

that exporter’s CBP case number during 

the POR will be liquidated at the 

dumping margin for the China-wide 

entity. 

In accordance with section 

751(a)(2)(C) of the Act, 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 antidumping 

duties, where applicable. 

Cash Deposit Requirements 

Commerce will instruct CBP to 

require a cash deposit for antidumping 

duties equal to the weighted-average 

amount by which the normal value 


khammond on DSKJM1Z7X2PROD with NOTICES
35750 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

28See Order, 83 FR at 17363. 

exceeds U.S. price. The following cash 

deposit requirements will be effective 

for shipments of the subject 

merchandise from China entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of this notice in the Federal 

Register, as provided by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed in the table above, the 

cash deposit rate will be equal to the 

weighted-average dumping margin 

established in the final results of this 

review for the exporter (except, if the 

dumping margin is de minimis (i.e., less 

than 0.5 percent), then the cash deposit 

rate will be zero for that exporter); (2) 

for previously investigated or reviewed 

Chinese and non-Chinese exporters that 

are not listed in the table above but that 

have separate rates, the cash deposit rate 

will continue to be the exporter-specific 

rate established in the most recently 

completed segment of this proceeding; 

(3) for all Chinese exporters of subject 

merchandise which have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be the rate for 

the China-wide entity (i.e., 105.80 

percent) 28 and (4) for all non-Chinese 

exporters of subject merchandise that 

have not received their own rate, the 

cash deposit rate will be the rate 

applicable to the China exporter that 

supplied that non-Chinese exporter. 

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary 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 POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties and/or 

countervailing duties has occurred, and 

the subsequent assessment of double 

antidumping duties and/or an increase 

in the amount of antidumping duties by 

the amount of the countervailing duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.213 and 351.221(b)(4). 

Dated: June 29, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Partial Rescission of Administrative 

Review 

V. Preliminary Determination of No 

Shipments 

VI. Discussion of the Methodology 

VII. Adjustment Under Section 777A(F) of 

the Act 

VIII. Currency Conversion 

IX. Recommendation 

[FR Doc. 2021–14445 Filed 7–6–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Establishment of a Team Under the 

National Construction Safety Team Act 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: The Director of the National 

Institute of Standards and Technology 

(NIST), United States Department of 

Commerce, announces the 

establishment of a National 

Construction Safety Team pursuant to 

the National Construction Safety Team 

Act. The Team was established to study 

the collapse of the Champlain Towers 

South Condominium in Surfside, FL 

that occurred on June 24, 2021. 

DATES: The National Construction Safety 

Team was established on June 30, 2021. 

ADDRESSES: Dr. Joannie Chin, 

Engineering Laboratory, National 

Institute of Standards and Technology, 

Mail Stop 8600, Gaithersburg, MD 

20899–8600, telephone number (301) 

975–6815. Members of the public are 

encouraged to submit to the Team nonprivileged evidence that is relevant to 

the subject matter of the NIST 

investigation described in this notice. 

Such evidence may be submitted to the 

address contained in this section. 

Confidential information will only be 

accepted pursuant to an appropriate 

nondisclosure agreement. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Joannie Chin, Engineering Laboratory, 

National Institute of Standards and 

Technology, Mail Stop 8600, 

Gaithersburg, MD 20899–8600, 

telephone number (301) 975–6815. 

SUPPLEMENTARY INFORMATION: 

Background: The National Construction 

Safety Team Act (‘‘Act’’), Public Law 

107–231, codified at 15 U.S.C. 7301 et 

seq., was enacted to provide for the 

establishment of investigative teams 

(‘‘Teams’’) to assess building 

performance and emergency response 

and evacuation procedures in the wake 

of any building failure that has resulted 

in substantial loss of life or that posed 

significant potential of substantial loss 

of life. The purpose of investigations by 

Teams is to improve the safety and 

structural integrity of buildings in the 

United States. As stated in the statute, 

a Team shall (1) establish the likely 

technical cause or causes of the building 

failure; (2) evaluate the technical 

aspects of evacuation and emergency 

response procedures; (3) recommend, as 

necessary, specific improvements to 

building standards, codes, and practices 

based on the findings made pursuant to 

(1) and (2); and (4) recommend any 

research and other appropriate actions 

needed to improve the structural safety 

of buildings, and improve evacuation 

and emergency response procedures, 

based on the findings of the 

investigation. In addition, NIST has 

promulgated regulations implementing 

the Act. The regulations are found at 15 

CFR part 270. 

NIST sent a preliminary 

reconnaissance team to collect 

information and data related to the 

collapse of the Champlain Towers South 

Condominium in Surfside, FL that 

occurred on June 24, 2021. Based on the 

recommendations of the preliminary 

reconnaissance team and evaluation of 

the criteria listed in the regulations 

implementing the Act, specifically in 15 

CFR 270.102, on June 30, 2021, the 

Director of the National Institute of 

Standards and Technology (NIST), 

United States Department of Commerce, 

established a Team to study the collapse 

of the Champlain Towers South 

Condominium in Surfside, FL. The 

Team may include members who are 

Federal employees and members who 

are not Federal employees. Team 

members who are Federal employees are 

governed by the Federal conflict of 

interest laws. Team members who are 

not Federal employees will be Federal 

government contractors, and conflicts of 

interest related to their service on the 

Team will be governed by FAR Subpart 

9.5, Organizational and Consultant 

Conflicts of Interest, which will be 

incorporated by reference into all such 

contracts. 


khammond on DSKJM1Z7X2PROD with NOTICES