41010 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 

4See Domestic Interested Parties’ Letter, 

‘‘Domestic Interested Parties’ Substantive Response 

to Notice of Initiation,’’ dated April 30, 2021. 

5See CG Roxane’s Letter, ‘‘Sunset Review of 

Polyethylene Terephthalate Resin from China and 

Oman: Response to Notice of Institution,’’ dated 

May 3, 2021; see also Niagara’s letter, ‘‘Sunset 

Review of Polyethylene Terephthalate Resin from 

China: Response to Notice of Institution,’’ dated 

May 3, 2021. For details regarding the submissions 

of CG Roxane and Niagara, see Memorandum, 

‘‘Issues and Decision Memorandum for the 

Expedited First Sunset Reviews of the Antidumping 

Duty Orders on Certain Polyethylene Terephthalate 

Resin from Canada, the People’s Republic of China, 

India, and the Sultanate of Oman,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

6See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on March 31, 2021’’, dated May 21, 2021. 

1See Large Diameter Welded Pipe from the 

Republic of Korea: Amended Final Affirmative 

Antidumping Determination and Antidumping 

Duty Order, 84 FR 18767 (May 2, 2019) (Order). 

manufacturers in the United States of 

the domestic like product. On April 30, 

2021, Commerce received timely and 

adequate substantive responses to the 

notice of initiation from the domestic 

interested parties within the 30-day 

deadline specified in 19 CFR 

351.218(d)(3).4

On May 3, 2021, two respondent 

interested parties, CG Roxane LLC (CG 

Roxane) and Niagara Bottling LLC 

(Niagara) filed substantive responses. 

Commerce determined that the 

respondent interested parties did not 

establish that they met the requirement 

in 19 CFR 351.218(e)(1)(ii)(A) and, thus, 

determined that their responses were 

inadequate.5 On May 21, 2021, 

Commerce notified the U.S. 

International Trade Commission that we 

did not receive an adequate substantive 

response from respondent interested 

parties.6 As a result, pursuant to section 

751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce 

conducted expedited (120-day) sunset 

reviews of the AD Orders. 

Scope of the Orders 

The merchandise covered by the AD 

Orders is PET resin having an intrinsic 

viscosity of at least 0.70, but not more 

than 0.88, deciliters per gram. The scope 

includes blends of virgin PET resin and 

recycled PET resin containing 50 

percent or more virgin PET resin 

content by weight, provided such 

blends meet the intrinsic viscosity 

requirements above. The scope includes 

all PET resin meeting the above 

specifications regardless of additives 

introduced in the manufacturing 

process. The merchandise subject to the 

AD Orders is properly classified under 

subheading 3907.60.00.30 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheading is provided for 

convenience and customs purposes, the 

written description of the merchandise 

covered by the AD Orders is dispositive. 

Analysis of Comments Received 

A complete discussion of all issues 

raised in these sunset reviews, 

including the likelihood of continuation 

or recurrence of dumping in the event 

of revocation of the AD Orders and the 

magnitude of the margins likely to 

prevail if the AD Orders were to be 

revoked, is provided in the Issues and 

Decision Memorandum. A list of topics 

discussed in the Issues and Decision 

Memorandum is included as an 

appendix to this notice. The Issues and 

Decision Memorandum is a public 

document and 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 http://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

on the internet at http://

enforcement.trade.gov/frn. 

Final Results of Reviews 

Pursuant to sections 751(c)(1) and 

752(c)(1) and (3) of the Act, Commerce 

determines that revocation of the AD 

Orders would be likely to lead to the 

continuation or recurrence of dumping, 

and the magnitude of the weightedaverage dumping margins likely to 

prevail are up to 13.60 percent for 

Canada, 19.41 percent for India, 126.58 

percent for China, and 7.62 percent for 

Oman. 

Administrative Protective Order (APO) 

This notice also serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective orders 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

We are issuing and publishing the 

final results and this notice in 

accordance with sections 751(c), 752(c), 

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

351.218(e)(1)(ii)(C)(2) and 351.221(c)(5). 

Dated: July 23, 2021. 

Christian Marsh, 

Acting 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 Orders 

IV. History of the Orders 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Dumping Margins 

Likely to Prevail 

VII. Final Results of Sunset Reviews 

VIII. Recommendation 

[FR Doc. 2021–16253 Filed 7–29–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–897] 

Large Diameter Welded Pipe From the 

Republic of Korea: Preliminary Results 

of Antidumping Duty Administrative 

Review; 2018–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that sales of large diameter welded pipe 

(welded pipe) from the Republic of 

Korea (Korea) were not made at less 

than normal value during the period of 

review (POR) August 27, 2018, through 

April 30, 2020. We invite interested 

parties to comment on these preliminary 

results. 

DATES: Applicable July 30, 2021. 

FOR FURTHER INFORMATION CONTACT: Kate 

Johnson or Sergio Balbontin, AD/CVD 

Operations, Office VIII, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4929 or (202) 482–6478, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 2, 2019, Commerce published 

the antidumping duty order on welded 

pipe from Korea.1 On July 10, 2020, in 

accordance with 19 CFR 

351.221(c)(1)(i), Commerce initiated an 


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2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

41540 (July 10, 2020). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of 2018–2020 Antidumping 

Duty Administrative Review,’’ dated March 10, 

2021. 

5See Memorandum, ‘‘Large Diameter Welded 

Pipe from the Republic of Korea: Decision 

Memorandum for the Preliminary Results of 

Antidumping Duty Administrative Review; 2018– 

2020,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6See Statement of Administrative Action 

Accompanying the Uruguay Round Agreements 

Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873. 

7See Appendix II. 

8See 19 CFR 351.224(b). 

9See 19 CFR 351.309(c)(1)(ii). 

10See 19 CFR 351.309(d)(1) and (2); see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006 

(March 26, 2020); and Temporary Rule Modifying 

AD/CVD Service Requirements Due to COVID–19; 

Extension of Effective Period, 85 FR 41363 (July 10, 

2020). 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12See 19 CFR 351.303. 

13See 19 CFR 351.303(f). 

administrative review of the Order, 

covering twenty companies.2

On July 21, 2020, Commerce tolled all 

preliminary and final results deadlines 

in administrative reviews by 60 days.3

Pursuant to section 751(a)(3)(A) of the 

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

on March 10, 2021, Commerce 

determined that it was not practicable to 

complete the preliminary results of this 

review within 245 days and extended 

the deadline for the preliminary results 

of this review by 120 days, until July 30, 

2021.4

For a detailed description of the 

events that followed the initiation of 

this review, see the Preliminary 

Decision Memorandum.5

Scope of the Order 

The product covered by this Order is 

welded pipe from Korea. For a full 

description of the scope, see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a) of the 

Act. For a full description of the 

methodology underlying these 

preliminary results, see the Preliminary 

Decision Memorandum. A list of topics 

included in the Preliminary Decision 

Memorandum is included as an 

appendix to this notice. 

The Preliminary Decision 

Memorandum is a public document and 

is available via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum is available at 

http://enforcement.trade.gov/frn/. 

Rate for Non-Selected Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a weighted-average 

dumping margin to be determined for 

companies 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 determining the 

weighted-average dumping margin for 

companies which were not selected for 

individual examination in an 

administrative review. Under section 

735(c)(5)(A) of the Act, the all-others 

rate is normally ‘‘an amount equal to the 

weighted average of the estimated 

weighted average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely {on the 

basis of facts available}.’’ 

In this review, we have preliminarily 

calculated a weighted-average dumping 

margin for each of the mandatory 

respondents, Hyundai RB Co., Ltd. 

(Hyundai RB) and Hyundai Steel 

Company (Hyundai Steel), that is zero 

percent. Where the rates for the 

individually examined companies are 

all zero, de minimis, or determined 

entirely using facts available, section 

735(c)(5)(B) of the Act instructs that 

Commerce ‘‘may use any reasonable 

method to establish the estimated allothers rate for exporters and producers 

not individually investigated, including 

averaging the estimated weighted 

average dumping margins determined 

for the exporters and producers 

individually investigated.’’ One such 

reasonable method is to weight average 

the zero and de minimis rates, and the 

rates determined entirely pursuant to 

facts available. In fact, the SAA states 

that this is the ‘‘expected’’ method in 

such circumstances.6 Accordingly, we 

have determined the weighted-average 

dumping margin for the eighteen 

companies that were not selected for 

individual examination based on the 

weighted average of the weightedaverage dumping margins calculated for 

Hyundai RB and Hyundai Steel, i.e., 

zero percent, consistent with section 

735(c)(5)(B) of the Act. These are the 

only rates determined in this review for 

individually examined companies, and, 

thus, are applied to the eighteen firms 

not selected for individual examination. 

Preliminary Results of the Review 

We preliminarily determine that the 

following weighted-average dumping 

margins exist for the period of August 

27, 2018, through April 30, 2020: 

Exporter and/or producer 

Weightedaverage 

dumping 

margin 

(percent) 

Hyundai RB Co., Ltd .................. 0.00 

Hyundai Steel Company ............. 0.00 

Non-Examined Companies 7 ...... 0.00 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed for these preliminary results 

to parties within five days after the date 

of public announcement of the 

preliminary results.8

Pursuant to 19 CFR 351.309(c), 

interested parties may submit case briefs 

no later than 30 days after the date of 

publication of this notice.9 Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed not later than 

seven days after the date for filing case 

briefs.10 Parties who submit case briefs 

or rebuttal briefs in this proceeding 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.11

Executive summaries should be limited 

to five pages total, including footnotes. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. Requests should contain: (1) 

The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of issues to be 

discussed. Issues raised in the hearing 

will be limited to those raised in the 

respective case and rebuttal briefs. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a date and 

time to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

All submissions to Commerce must be 

filed using ACCESS 12 and must be 

served on interested parties.13 An 

electronically filed document must be 

received successfully in its entirety by 

Commerce’s electronic records system, 

ACCESS, by 5:00 p.m. Eastern Time on 

the date that the document is due. Note 


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41012 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 

14See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

15See 19 CFR 351.212(b)(1). 

16See 19 CFR 352.106(c)(2); see also 

Antidumping Proceeding: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings; Final Modification, 77 FR 8101, 8103 

(February 14, 2012). 

17See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

18See section 751(a)(2)(C) of the Act. 

19See Order. 

that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.14

Assessment Rates 

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

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

Commerce will determine, 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. Commerce 

intends to issue assessment instructions 

to CBP no earlier than 35 days after the 

date of publication of the final results of 

this administrative 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 an individually examined 

respondent whose weighted-average 

dumping margin is not de minimis (i.e., 

less than 0.50 percent), upon 

completion of the final results, 

Commerce intends to calculate 

importer-specific assessment rates on 

the basis of the ratio of the total amount 

of dumping calculated for each 

importer’s examined sales to the total 

entered value of those sales. Where we 

do not have entered values for all U.S. 

sales to a particular importer, we will 

calculate an importer-specific, per-unit 

assessment rate on the basis of the ratio 

of the total amount of dumping 

calculated for the importer’s examined 

sales to the total quantity of those 

sales.15 To determine whether an 

importer-specific, per-unit assessment 

rate is de minimis, in accordance with 

19 CFR 351.106(c)(2), we also will 

calculate an importer-specific ad 

valorem ratio based on estimated 

entered values. Where either a 

respondent’s weighted-average dumping 

margin is zero or de minimis, or an 

importer-specific ad valorem 

assessment rate is zero or de minimis, 

we will instruct CBP to liquidate 

appropriate entries without regard to 

antidumping duties.16 For entries of 

subject merchandise during the POR 

produced by each individually 

examined respondent for which it did 

not know its merchandise was destined 

for the United States, we will instruct 

CBP to liquidate such entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.17

For the companies which were not 

selected for individual examination, we 

intend to direct CBP to assess 

antidumping duties at a rate equal to 

their weighted-average dumping margin 

determined in the final results. 

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 cash 

deposits of estimated duties, where 

applicable.18

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 the companies 

listed above will be equal to the 

weighted-average dumping margin 

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 reviewed or investigated 

companies not covered in this review, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recently-completed segment of 

this proceeding in which the company 

was reviewed; (3) if the exporter is not 

a firm covered in this review, a prior 

completed review, or the less-than-fair 

value (LTFV) investigation, but the 

producer is, then the cash deposit rate 

will be the company-specific rate 

established for the most recentlycompleted segment of this proceeding 

for the producer of subject merchandise; 

and (4) the cash deposit rate for all other 

producers and exporters will continue 

to be 7.08 percent, the all-others rate 

established in the LTFV investigation.19

These cash deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

including the results of our analysis of 

issues raised by the parties in the 

written comments, within 120 days of 

publication of these preliminary results 

in the Federal Register, pursuant to 

section 751(a)(3)(A) of the Act and 19 

CFR 351.213(h)(1). 

Notification to Importers 

This notice 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 occurred and the 

subsequent assessment of doubled 

antidumping duties. 

Notification to Interested Parties 

These preliminary results are issued 

and published in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act, and 19 CFR 351.221(b)(4). 

Dated: July 26, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Methodology 

V. Currency Conversion 

VI. Recommendation 

Appendix II 

Review-Specific Average Rate Applicable to 

Companies Not Selected for Individual 

Review 

1. AJU Besteel Co., Ltd. 

2. Chang Won Bending Co., Ltd. 

3. Daiduck Piping Co., Ltd. 

4. Dong Yang Steel Pipe Co., Ltd. 

5. Dongbu Incheon Steel Co., Ltd. 

6. EEW KHPC Co., Ltd. 

7. EEW Korea Co., Ltd. 

8. Histeel Co., Ltd. 

9. Husteel Co., Ltd. 

10. Kiduck Industries Co., Ltd. 

11. Kum Kang Kind. Co., Ltd. 

12. Kumsoo Connecting Co., Ltd. 

13. Nexteel Co., Ltd. 

14. SeAH Steel Corporation 

15. Seonghwa Industrial Co., Ltd. 

16. SIN–E B&P Co., Ltd. 

17. Steel Flower Co., Ltd. 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 41013 

1See Certain Mobile Access Equipment and 

Subassemblies Thereof from the People’s Republic 

of China: Initiation of Countervailing Duty 

Investigation, 86 FR 15905 (March 25, 2021) 

(Initiation Notice). 2See Certain Mobile Access Equipment and 

Subassemblies Thereof from the People’s Republic 

of China: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 86 FR 23681 (May 4, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Certain Mobile 

Access Equipment and Subassemblies Thereof from 

the People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See Memorandum, ‘‘Certain Mobile Access 

Equipment and Subassemblies Thereof from the 

People’s Republic of China: Scope Comments 

Decision Memorandum for the Preliminary 

Determination,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary Scope 

Memorandum). 

7See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

8See sections 776(a) and (b) of the Act. 

9Excluding companies determined to be nonresponsive. See Preliminary Determination 

Memorandum at section ‘‘Application of AFA: NonResponsive Companies’’ for details. 

10With two respondents under examination, 

Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale quantities for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Duty Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53663 

(September 1, 2010). 

18. WELTECH Co., Ltd. 

[FR Doc. 2021–16325 Filed 7–29–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–140] 

Certain Mobile Access Equipment and 

Subassemblies Thereof From the 

People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

certain mobile access equipment and 

subassemblies thereof (mobile access 

equipment) from the People’s Republic 

of China (China). The period of 

investigation is January 1, 2020, through 

December 31, 2020. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable July 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Theodore Pearson or Michael Romani, 

AD/CVD Operations, Office I, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2631 or 

(202) 482–0198, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Trade Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on March 25, 2021.1 On May 4, 2021, 

Commerce postponed the preliminary 

determination of this investigation, and 

the revised deadline is now July 26, 

2021.2

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and 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 http://

access.trade.gov. 

Scope of the Investigation 

The products covered by this 

investigation are certain mobile access 

equipment from China. For a complete 

description of the scope of this 

investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 We received 

comments regarding the scope, which 

we have addressed in the Preliminary 

Scope Memorandum.6

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.7

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.8 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that, in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. The rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or rates based entirely 

under section 776 of the Act. 

In this investigation, as discussed in 

the Preliminary Decision Memorandum, 

Commerce calculated individual 

estimated countervailable subsidy rates 

for Lingong Group Jinan Heavy 

Machinery Co., Ltd. (LGMG) and 

Zhejiang Dingli Machinery Co., Ltd. 

(Dingli) that were not zero, de minimis, 

or based entirely under section 776 of 

the Act. For the companies not 

individually examined,9 we are 

applying to the non-selected companies 

the average of the net subsidy rates 

calculated for LGMG and Dingli, which 

we calculated using the publicly ranged 

sales data submitted by LGMG and 

Dingli.10 This methodology to establish 

the all-others subsidy rate is consistent 

with our practice and section 

705(c)(5)(A) of the Act. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 


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