36526 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 

5For a complete description of the scope of the 

Order, see Memorandum, ‘‘Initiation and 

Preliminary Results of Changed Circumstances 

Review: Certain Softwood Lumber Products from 

Canada,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6See, e.g., Notice of Initiation and Preliminary 

Results of Antidumping Duty Changed 

Circumstances Review: Certain Softwood Lumber 

Products from Canada, 70 FR 50299 (August 26, 

2005). 

7See Initiation and Preliminary Results of 

Antidumping Duty Changed Circumstances Review: 

Multilayered Wood Flooring from the People’s 

Republic of China, 79 FR 48117,48118 (August 15, 

2014), unchanged in Multilayered Wood Flooring 

from the People’s Republic of China: Final Results 

of Changed Circumstances Review, 79 FR 58740 

(September 30, 2014). 

8 Id. 

9See, e.g., Certain Circular Welded Carbon Steel 

Pipes and Tubes from Taiwan: Initiation of 

Antidumping Duty Changed Circumstance Review, 

70 FR 17063, 17064 (April 4, 2005); and Fresh and 

Chilled Atlantic Salmon from Norway: Final Results 

of Changed Circumstances Antidumping 

Administrative Review, 64 FR 9979, 9980 (March 1, 

1999). 

10See CCR Request at Exhibit 4, Attachment A. 

11 Id. at Exhibit 4, Attachment B. 

12 Id. at Exhibit 4, Attachments C and D. 

13Commerce is exercising its discretion under 19 

CFR 351.309(c)(1)(ii) to alter the time limit for the 

filing of case briefs. 

14Commerce is exercising its discretion under 19 

CFR 351.309(d)(1) to alter the time limit for the 

filing of rebuttal briefs. 

15Commerce is exercising its discretion under 19 

CFR 351.310(c) to alter the time limit for requesting 

a hearing. 

16ACCESS is available to registered users at 

https://access.trade.gov; see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

Covid–19; Extension of Effective Period, 85 FR 

41363, (July 10, 2020). 

Softwood lumber product imports are 

generally entered under Chapter 44 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

Order is dispositive.5

Initiation 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (the Act) 

and 19 CFR 351.216(d), Commerce will 

conduct a CCR upon receipt of 

information or a review request showing 

changed circumstances sufficient to 

warrant a review of an order. Among 

other things, Commerce has conducted 

CCRs to consider the applicability of 

cash deposit rates after there have been 

changes in the name or structure of a 

company, such as a merger or spinoff 

(successor-in-interest, or successorship, 

determinations). 

We find the information provided is 

sufficient to warrant a CCR of the Order. 

Specifically, the information CHAP 

provided regarding L’Atelier’s name 

change to CHAP demonstrates changed 

circumstances sufficient to warrant a 

CCR with respect to the Order. 

Therefore, in accordance with section 

751(b)(1) of the Act and 19 CFR 

351.216(d), we are initiating a CCR to 

determine whether CHAP is the 

successor-in-interest to L’Atelier for 

purposes of the Order. 

In addition, Commerce’s regulations 

(19 CFR 351.221(c)(3)(ii)), permit it to 

initiate a CCR and issue the preliminary 

results of that CCR simultaneously if it 

concludes that expedited action is 

warranted. We have on the record the 

information necessary to make a 

preliminary finding and, therefore, we 

find that expedited action is warranted.6

Consequently, we are combining the 

initiation of the CCR described above 

and our preliminary results, in 

accordance with 19 CFR 

351.221(c)(3)(ii). 

Preliminary Results 

In determining whether one company 

is the successor to another for AD 

purposes, Commerce examines a 

number of factors including, but not 

limited to, changes in: (1) Management; 

(2) production facilities; (3) suppliers; 

and (4) customer base.7 While no one, 

or several, of these factors will 

necessarily provide a dispositive 

indication of succession, Commerce will 

generally consider one company to be 

the successor to another company if its 

resulting operations are essentially the 

same as those of its predecessor.8 Thus, 

if the evidence demonstrates that, with 

respect to the production and sale of the 

subject merchandise, the company, in 

its current form, operates as essentially 

the same business entity as the prior 

company, Commerce will assign the 

new company the cash deposit rate of 

its predecessor.9

CHAP provided evidence that: (1) 

L’Atelier’s name changed to CHAP in 

February 2021; and (2) there were no 

significant changes to management,10

production facilities,11 suppliers, or 

customer base.12 Based on the foregoing, 

which is explained in greater detail in 

the Preliminary Decision Memorandum, 

we preliminarily determine that CHAP 

is the successor-in-interest to L’Atelier 

for purposes of the Order. 

Should our final results of review 

remain the same as these preliminary 

results of review, effective the date of 

publication of the final results of 

review, we will instruct U.S. Customs 

and Border Protection to apply 

L’Atelier’s cash deposit rate to CHAP. 

Public Comment 

Interested parties may submit case 

briefs not later than 14 days after the 

date of publication of this notice.13

Rebuttal briefs, which must be limited 

to issues raised in case briefs, may be 

filed not later than seven days after the 

due date for case briefs.14 Parties who 

submit case briefs or rebuttal briefs in 

this CCR are requested to submit with 

each argument: (1) A statement of the 

issues; and (2) a brief summary of the 

arguments with electronic versions 

included. 

Any interested party may request a 

hearing within 14 days of publication of 

this notice.15 Hearing requests should 

contain the following information: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations 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 time and date to 

be determined. Parties should confirm 

the date and the time of the hearing two 

days before the scheduled date. 

All submissions, with limited 

exceptions, must be filed electronically 

using Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS).16 An electronically filed 

document must be received successfully 

in its entirety by 5 p.m. Eastern Time 

(ET) on the due date. 

Consistent with 19 CFR 351.216(e), 

we intend to issue the final results of 

this CCR no later than 270 days after the 

date on which these reviews were 

initiated or within 45 days if all parties 

agree to the outcome of the review. 

We are issuing and publishing this 

initiation and preliminary results notice 

in accordance with sections 751(b)(1) 

and 777(i)(1) of the Act and 19 CFR 

351.216 and 351.221(c)(3). 

Dated: July 6, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

[FR Doc. 2021–14746 Filed 7–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–138] 

Pentafluoroethane (R–125) From the 

People’s Republic of China: 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part, in 

the Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36527 

1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties Pursuant to sections 701 and 731 of the 

Tariff Act of 1930, as Amended, on Behalf of 

Honeywell International, Inc.,’’ dated January 11, 

2021 (Petition). 

2See Pentafluoroethane (R–125) from the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 86 FR 8589 (February 8, 2021) 

(Initiation Notice). 

3See Pentafluoroethane (R–125) from the People’s 

Republic of China: Preliminary Affirmative 

Countervailing Duty Determination and Alignment 

of Final Determination with Final Antidumping 

Determination, 86 FR 33648 (June 25, 2020) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

4See Petitioner’s Letter, ‘‘Petitioner’s Critical 

Circumstances Allegation,’’ dated June 4, 2021 

(Critical Circumstances Allegation). 

5See Juxin’s Letter, ‘‘Juxin Critical Circumstances 

Response,’’ dated June 17, 2021 (Juxin Critical 

Circumstances Data); and Sanmei’s Letter, 

‘‘Submission of Zhejiang Sanmei’s Critical 

Circumstances Information,’’ dated June 17, 2021 

(Sanmei Critical Circumstances Data). 

6The final determination for this CVD 

investigation is currently due no later than October 

21, 2021. 

7See 19 CFR 351.206(c)(2)(ii). In this case, 30 

days after the petitioner submitted the allegation 

would place the deadline on Sunday, July 4, 2021. 

Commerce’s practice dictates that where a deadline 

falls on a weekend or federal holiday, the 

appropriate deadline is the next business day. See 

Notice of Clarification: Application of ‘‘Next 

Business Day’’ Rule for Administrative 

Determination Deadlines Pursuant to the Tariff Act 

of 1930, As Amended, 70 FR 24533 (May 10, 2005). 

8See Critical Circumstances Allegation at 8 and 

Exhibit 1. 

9 Id. 

10 Id. at 4–5. 

11Commerce limits its critical circumstances 

findings to those subsidies contingent upon export 

performance or use of domestic over imported 

goods (i.e., those prohibited under Article 3 of the 

SCM Agreement). See, e.g., Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination: 

Carbon and Certain Alloy Steel Wire from Germany, 

67 FR 55808, 55809–10 (August 30, 2002). 

12See 19 CFR 351.206(i). 

13See 19 CFR 351.206(h)(2). 

14See Petitioner’s Letter, ‘‘New Subsidies 

Allegation,’’ dated May 3, 2021 (New Subsidies 

Allegation). 

15See New Subsidies Allegation at 2–5. 

16 Id. see also Petitioner’s Letter, ‘‘New Subsidies 

Allegation Supplemental Response,’’ dated May 17, 

2021. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that critical circumstances exist, in part, 

with respect to imports of 

pentafluoroethane (R–125) from certain 

producers and exporters from the 

People’s Republic of China (China). 

DATES: Applicable July 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Tucker or Adam Simons, AD/ 

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2044 or (202) 482–6172, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 11, 2021, Commerce 

received a countervailing duty (CVD) 

petition concerning imports of R–125 

from China filed in proper form on 

behalf of the petitioner, Honeywell 

International, Inc.1 On February 1, 2021, 

we initiated this investigation,2 and on 

June 25, 2021, we published an 

affirmative Preliminary Determination.3

Commerce selected Zhejiang Quzhou 

Juxin Fluorine Chemical Co., Ltd. 

(Juxin) and Zhejiang Sanmei Chemical 

Ind. Co., Ltd. (Sanmei) as the 

individually-examined respondents in 

this investigation. 

On June 4, 2021, the petitioner alleged 

that critical circumstances exist with 

respect to imports of R–125 from China, 

pursuant to section 703(e)(1) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.206.4 On June 10, 2021, 

Commerce requested monthly shipment 

data from Juxin and Sanmei for subject 

merchandise for the period August 2020 

to May 2021, which Commerce received 

on June 17, 2021.5

In accordance with section 703(e)(1) 

of the Act and 19 CFR 351.206(c)(1), 

because the petitioner submitted its 

critical circumstance allegation more 

than 30 days before the scheduled date 

of the final determination,6 Commerce 

will make a preliminary finding as to 

whether there is a reasonable basis to 

believe or suspect that critical 

circumstances exist. Commerce will 

issue its preliminary finding of critical 

circumstances within 30 days after the 

petitioner submits the allegation.7

Period of Investigation (POI) 

The POI is January 1, 2020, through 

December 31, 2020. 

Critical Circumstances Allegation 

The petitioner alleges that there was 

a massive increase of imports of R–125 

from China and provided monthly 

import data for the period October 2020 

through March 2021.8 The petitioner 

states that a comparison of total imports, 

by quantity, for the base period October 

2020 through December 2020 to the 

comparison period January 2021 

through March 2021, shows that imports 

of R–125 from China increased by 45.5 

percent,9 which is ‘‘massive’’ under 19 

CFR 351.206(h)(2). The petitioner also 

alleges that there is a reasonable basis to 

believe that there are subsidies in this 

investigation which are inconsistent 

with the Subsidies and Countervailing 

Measures Agreement of the World Trade 

Organization (SCM Agreement).10

Critical Circumstances Analysis 

Section 703(e)(1) of the Act provides 

that Commerce will preliminarily 

determine that critical circumstances 

exist in a CVD investigation if there is 

a reasonable basis to believe or suspect 

that: (A) The alleged countervailable 

subsidy is inconsistent with the SCM 

Agreement; 11 and (B) there have been 

massive imports of the subject 

merchandise over a relatively short 

period. 

In determining whether there are 

‘‘massive imports’’ over a ‘‘relatively 

short period,’’ pursuant to section 

703(e)(1)(B) of the Act and 19 CFR 

351.206(h) and (i), Commerce normally 

compares the import volumes of the 

subject merchandise for at least three 

months immediately preceding the 

filing of the petition (i.e., the base 

period) to a comparable period of at 

least three months following the filing 

of the petition (i.e., the comparison 

period). However, the regulations also 

provide that if Commerce finds that 

importers, or exporters or producers, 

had reason to believe, at some time prior 

to the beginning of the proceeding, that 

a proceeding was likely, Commerce may 

consider a period of not less than three 

months from the earlier time.12 Imports 

must increase by at least 15 percent 

during the comparison period to be 

considered massive.13

Alleged Countervailable Subsidies Are 

Inconsistent With the SCM Agreement 

Juxin, Sanmei, and All Other 

Companies 

On May 3, 2021, the petitioner filed 

a New Subsidies Allegation, alleging 

that Chinese producers of subject 

merchandise benefited from additional 

subsidies provided by the Government 

of China, including the Export Buyer’s 

Credit Program and the Export Seller’s 

Credit Program.14 To determine whether 

there exists a reasonable basis to believe 

or suspect that an alleged 

countervailable subsidy is inconsistent 

with the SCM Agreement, in accordance 

with section 703(e)(1)(A) of the Act, 

Commerce considered the evidence on 

the record pertaining to the petitioner’s 

allegation that the Export Buyer’s Credit 

Program and the Export Seller’s Credit 

Program are inconsistent with the SCM 

Agreement. Specifically, with regard to 

these programs, the petitioner has 

alleged the elements of a subsidy,15

supported with information reasonably 

available to the petitioner,16 that appear 

to be export contingent, which would 

render them inconsistent with the SCM 

Agreement. Therefore, Commerce 

preliminarily determines that there is a 


khammond on DSKJM1Z7X2PROD with NOTICES
36528 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 

17See Preliminary Determination PDM at 

‘‘Application of AFA: Non-Responsive Q&V 

Questionnaire Recipients.’’ 18See Countervailing Duty Investigation 

Initiation Checklist: Pentafluoroethane (R–125) 

from the People’s Republic of China, dated 

February 1, 2021. 19See Statement of Administrative Action 

accompanying the Uruguay Round Agreements Act, 

H.R. Doc. 103–316, Vol.1 (1994) at 870, reprinted 

in 1994 U.S.C.C.A.N. 4040, 4199. 

20See Juxin Critical Circumstances Data; see also 

Sanmei Critical Circumstances Data. 

21See Memorandum, ‘‘Critical Circumstances 

Analysis,’’ dated July 6, 2021. 

22See Sanmei Critical Circumstances Data. Juxin 

did not argue that its surge in imports between the 

base and comparison periods was due to seasonal 

trends nor did it provide data to permit Commerce 

to perform a seasonality analysis. 

23 Id. 

24See, e.g., Antidumping Duty Investigation on 

Refillable Stainless Steel Kegs from Mexico: 

Preliminary Affirmative Determination of Critical 

Circumstances, 84 FR 18796, 18798 (May 2, 2019) 

(Kegs from Mexico Preliminary Critical 

Circumstances Determination). 

25See Checklist, ‘‘Countervailing Duty 

Investigation Initiation Checklist: Pentafluoroethane 

(R–125) from the People’s Republic of China,’’ 

dated February 3, 2021 (Initiation Checklist); see 

also Initiation Notice. 

26See, e.g., Kegs from Mexico Preliminary Critical 

Circumstances Determination, 84 FR at 18798. 

reasonable basis to believe or suspect 

that alleged subsidies in the New 

Subsidies Allegation are inconsistent 

with the SCM Agreement. As a result, 

we preliminarily find that the criterion 

under section 703(e)(1)(A) of the Act has 

been met for Juxin, Sanmei, and all 

other exporters or producers not 

individually examined. 

Non-Responsive Companies 

As explained in our Preliminary 

Determination, we preliminarily applied 

total adverse facts available (AFA) to 

Arkema Daikin Advanced 

Fluorochemicals (Changsu) Co., Ltd. 

(Arkema); Daikin Fluorochemicals 

(China) Co., Ltd. (Daikin); Hongkong 

Richmax Ltd. (Hongkong); and Weitron 

International Refrigeration Equipment 

(Kunshan) Co., Ltd. (Weitron), pursuant 

to section 776(b) of the Act. In applying 

total AFA to these four companies, we 

preliminarily determined that each 

benefited from countervailable subsidies 

under the ‘‘Export Loans from Chinese 

State-Owned Commercial Banks 

(SOCBs)’’ program.17 Although we did 

not make a preliminary finding as to 

whether the ‘‘Export Loans from 

SOCBs’’ program was inconsistent with 

the SCM Agreement in the Preliminary 

Determination, we now preliminarily 

find, pursuant to section 776(b) of the 

Act, that there is a reasonable basis to 

believe or suspect that the program, as 

alleged in the Petition and supported by 

information reasonably available to the 

petitioner, is export-contingent within 

the meaning of section 771(5A)(B) of the 

Act and, thus, inconsistent with the 

SCM Agreement.18 We are making the 

inconsistency determination with regard 

to this program, which is the only 

program which we countervailed in the 

Preliminary Determination alleged to be 

inconsistent with the SCM Agreement. 

In so doing, we intend to limit the 

corresponding offset to the dumping 

margin (if one is found) in the 

companion antidumping duty 

investigation, which best fulfills our 

statutory mandate ‘‘to ensure that the 

party does not obtain a more favorable 

result by failing to cooperate than if it 

had cooperated fully,’’ 19 and induce 

future cooperation by companies in 

investigations where the petitioners 

allege the existence of programs 

potentially inconsistent with the SCM 

Agreement. 

Thus, because we preliminarily find 

that the ‘‘Export Loans from Chinese 

SOCBs’’ program is export-contingent, 

we preliminarily find that the criterion 

under section 703(e)(1)(A) of the Act has 

been met for Arkema, Daikin, 

Hongkong, and Weitron. 

Massive Imports 

Commerce compared the import 

volumes of Juxin’s and Sanmei’s 

reported shipments of subject 

merchandise for the five months 

immediately preceding and following 

the filing of the petition. Because the 

petition was filed on January 11, 2021, 

and in order to determine whether there 

was a massive surge in imports for the 

mandatory respondents, Commerce 

compared the total volume of shipments 

during the period of August 2020 

through December 2020 (the base 

period) with the volume of shipments 

during the period of January 2021 

through May 2021 (the comparison 

period).20 We preliminarily determine 

that imports from both Juxin and 

Sanmei increased by more than 15 

percent between the base and 

comparison periods.21

However, for purposes of our 

‘‘massive imports’’ determination, we 

received information on the record 

about seasonality with respect to 

Sanmei’s imports which we considered 

as part of our analysis. Sanmei stated 

that, while it did experience a massive 

surge of imports of R–125 between the 

base and comparison periods, this surge 

was seasonal in nature. Sanmei also 

provided its shipment data for 

comparable periods in 2018–2019 and 

2019–2020.22 Based on our analysis of 

Sanmei’s shipment data reported for 

2018 through 2021, we find that there is 

a consistent pattern of seasonality 

evidenced by a significant increase in 

shipments during the months of January 

through May (in 2019, 2020, and 2021), 

when compared to August through 

December (in 2018, 2019, and 2020) . As 

a result, we preliminarily find that the 

record reflects that any surge in 

Sanmei’s imports between the base and 

comparison periods in this investigation 

can be explained by seasonal trends. 

Therefore, we preliminarily determine 

that, although the surge in imports of R– 

125 from Sanmei during the comparison 

period was massive, the import surge 

was massive as a result of seasonal 

trends and, therefore, critical 

circumstances do not exist for Sanmei, 

in accordance with section 733(e)(1)(B) 

of the Act.23

To determine whether imports were 

massive for all other exporters or 

producers, Commerce’s normal practice 

is to subtract shipments reported by the 

cooperating mandatory respondents 

from shipment data for subject 

merchandise from Global Trade Atlas.24

However, as discussed in the Initiation 

Notice,25 the Harmonized Tariff 

Schedule of the United States number 

under which the subject merchandise 

enters is a basket category under which 

non-subject merchandise may enter. 

Therefore, consistent with our practice, 

we preliminarily relied on the data of 

the mandatory respondents as ‘‘facts 

available,’’ in accordance with section 

776(a)(1) of the Act, to determine 

whether imports from all other 

exporters or producers were massive.26

Because we preliminary determine that 

imports from both Juxin and Sanmei 

increased by more than 15 percent 

between the base and comparison 

periods, we also preliminarily 

determine that imports from all other 

exporters or producers were massive. 

Finally, for Arkema, Daikin, 

Hongkong, and Weitron, we 

preliminarily determine, pursuant to 

section 776(b) of the Act, that there was 

a massive surge in imports between the 

base and comparison periods. 

Accordingly, consistent with section 

703(e)(1) of the Act, we preliminarily 

determine that critical circumstances 

exist with respect to Arkema, Daikin, 

Hongkong, Juxin, Weitron, and all other 

exporters and producers not 

individually examined. 

Final Determination 

We will make a final determination 

concerning critical circumstances in the 

final determination of this investigation, 

which is currently scheduled for 

October 25, 2021. 


khammond on DSKJM1Z7X2PROD with NOTICES
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27See 19 CFR 351.309(d)(1). 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. Interested parties will be 

notified of the timeline for the 

submission of case briefs and written 

comments at a later date. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline date for case 

briefs.27 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. 

Suspension of Liquidation 

In accordance with section 

703(e)(2)(A) of the Act, for Arkema, 

Daikin, Hongkong, Juxin, Weitron, and 

all other exporters and producers, we 

intend to direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of any unliquidated entries 

of subject merchandise from China 

entered, or withdrawn from warehouse 

for consumption, on or after March 27, 

2021, which is 90 days prior to the date 

of publication of the Preliminary 

Determination in the Federal Register. 

For such entries, CBP shall require a 

cash deposit equal to the estimated 

preliminary subsidy rates established in 

the Preliminary Determination. This 

suspension of liquidation will remain in 

effect until further notice. 

U.S. International Trade Commission 

(ITC) Notification 

In accordance with section 703(f) of 

the Act, we intend to notify the ITC of 

this preliminary determination of 

critical circumstances. 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i)(1) of the Act. 

Dated: July 6, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–14755 Filed 7–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Atlantic Highly Migratory 

Species Vessel and Gear Marking 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on March 22, 

2021, (86 FR 15198) during a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. 

Agency: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

Title: Atlantic Highly Migratory 

Species Vessel and Gear Marking. 

OMB Control Number: 0648–0373. 

Form Number(s): None. 

Type of Request: Regular submission 

[extension of a current information 

collection]. 

Number of Respondents: 4,767. 

Average Hours per Response: 45 

minutes to mark the vessel; 15 minutes 

each to mark highflyers, buoys, and 

floats. 

Total Annual Burden Hours: 4,950. 

Needs and Uses: This request is for an 

extension of a current information 

collection. These requirements apply to 

vessel owners in the Atlantic highly 

migratory species (HMS) Fishery. 

Under current regulations at 50 CFR 

635.6, fishing vessels permitted for 

Atlantic HMS fisheries must display 

their official vessel numbers on their 

vessels. Flotation devices and highflyers attached to certain fishing gears 

must also be marked with the vessel’s 

official number to identify the vessel to 

which the gear belongs. These 

requirements are necessary for 

identification, law enforcement, and 

monitoring purposes. 

Specifically, all vessel owners that 

hold a valid Atlantic HMS permit under 

50 CFR 635.4, other than an Atlantic 

HMS Angling permit, are required to 

display their official vessel 

identification number. Numbers must be 

permanently affixed to, or painted on, 

the port and starboard sides of the 

deckhouse or hull and on an 

appropriate weather deck, so as to be 

clearly visible from an enforcement 

vessel or aircraft. In block Arabic 

numerals permanently affixed to or 

painted on the vessel in contrasting 

color to the background. At least 18 

inches (45.7 cm) in height for vessels 

over 65 ft (19.8 m) in length; at least 10 

inches (25.4 cm) in height for all other 

vessels over 25 ft (7.6 m) in length; and 

at least 3 inches (7.6 cm) in height for 

vessels 25 ft (7.6 m) in length or less. 

Furthermore, the owner or operator of 

a vessel for which a permit has been 

issued under § 635.4 and that uses 

handline, buoy gear, harpoon, longline, 

or gillnet, must display the vessel’s 

name, registration number or Atlantic 

Tunas, Atlantic HMS Angling, or 

Atlantic HMS Charter/Headboat permit 

number on each float attached to a 

handline, buoy gear, or harpoon, and on 

the terminal floats and high-flyers (if 

applicable) on a longline or gillnet used 

by the vessel. The vessel’s name or 

number must be at least 1 inch (2.5 cm) 

in height in block letters or arabic 

numerals in a color that contrasts with 

the background color of the float or 

high-flyer. 

Affected Public: Business or other forprofit organizations (vessel owners). 

Frequency: Annually for each vessel 

or piece of gear required to be marked. 

The estimated number of gear items that 

require marking per vessel owner range 

from 2 buoys for bottom longline 

vessels, up to 35 buoys for swordfish 

buoy gear and Caribbean Small Boat 

vessels. 

Respondent’s Obligation: Mandatory. 

Legal Authority: Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.), and the 

Atlantic Tunas Convention Act of 1975 

(16 U.S.C. 971 et seq.) 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 


khammond on DSKJM1Z7X2PROD with NOTICES