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 Department of Commerce International Trade Administration
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482-4735. Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation 
                        **Federal Register**
                         notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. Commerce invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, Commerce finds that determinations concerning whether particular companies should be “collapsed” (
                        *i.e.,*
                         treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (
                        *i.e.,*
                         investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to: (a) Identify which companies subject to review previously were collapsed; and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where Commerce considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted.
                        ( print page 41437) Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that Commerce may extend this time if it is reasonable to do so. Determinations by Commerce to extend the 90-day deadline will be made on a case-by-case basis. Deadline for Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.[1]
                        
                         Section 773(e) of the Act states that “if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.” When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of initial Section D responses. *Opportunity To Request a Review:*
                         Not later than the last day of August 2021,[2]
                        
                         interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in August for the following periods: Period**Antidumping Duty Proceedings**Canada: Utility Scale Wind Towers, A-122-867
2/14/20-7/31/21Germany:Seamless Line and Pressure Pipe, A-428-820
8/1/20-7/31/21Sodium Nitrite, A-428-841
8/1/20-7/31/21India: Finished Carbon Steel Flanges, A-533-871
8/1/20-7/31/21Indonesia: Utility Scale Wind Towers, A-560-833
2/14/20-7/31/21Italy: Finished Carbon Steel Flanges, A-475-835
8/1/20-7/31/21Japan:Brass Sheet & Strip, A-588-704
8/1/20-7/31/21Tin Mill Products, A-588-854
8/1/20-7/31/21Malaysia: Polyethylene Retail Carrier Bags, A-557-813
8/1/20-7/31/21Mexico: Light-Walled Rectangular Pipe and Tube, A-201-836
8/1/20-7/31/21Republic of Korea:Dioctyl Terephthalate, A-580-889
8/1/20-7/31/21Large Power Transformers, A-580-867
8/1/20-7/31/21Light-Walled Rectangular Pipe and Tube, A-580-859
8/1/20-7/31/21Low Melt Polyester Staple Fiber, A-580-895
8/1/20-7/31/21Utility Scale Wind Towers, A-580-902
2/14/20-7/31/21Romania: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe, A-485-805 (Under 4
                                1/2
                                 Inches)
8/1/20-7/31/21Spain: Ripe Olives, A-469-817
8/1/20-7/31/21Socialist Republic of Vietnam:Frozen Fish Fillets, A-552-801
8/1/20-7/31/21Utility Scale Wind Towers, A-552-825
2/14/20-7/31/21Taiwan: Low Melt Polyester Staple Fiber, A-583-861
8/1/20-7/31/21Thailand:Polyethylene Retail Carrier Bags, A-549-821
8/1/20-7/31/21Steel Propane Cylinders, A-549-839
8/1/20-7/31/21The People's Republic of China:Cast Iron Soil Pipe Fittings, A-570-062
8/1/20-7/31/21Certain Steel Nails, A-570-909
8/1/20-7/31/21Floor-Standing, Metal-Top Ironing Tables and Parts Thereof, A-570-888
8/1/20-7/31/21Hydrofluorocarbon Blends and Components Thereof, A-570-028
8/1/20-7/31/21Laminated Woven Sacks, A-570-916
8/1/20-7/31/21Light-Walled Rectangular Pipe and Tube, A-570-914
8/1/20-7/31/21Passenger Vehicle and Light Truck Tires, A-570-016
8/1/20-7/31/21Petroleum Wax Candles, A-570-504
8/1/20-7/31/21Polyethylene Retail Carrier Bags, A-570-886
8/1/20-7/31/21Sodium Nitrite, A-570-925
8/1/20-7/31/21Stainless Steel Flanges, A-570-064
8/1/20-7/31/21Steel Propane Cylinders, A-570-086
8/1/20-7/31/21Sulfanilic Acid, A-570-815
8/1/20-7/31/21Tetrahydrofurfuryl Alcohol, A-570-887
8/1/20-7/31/21Tow-Behind Lawn Groomers and Parts Thereof, A-570-939
8/1/20-7/31/21Ukraine: Silicomanganese, A-823-805
8/1/20-7/31/21( print page 41438)**Countervailing Duty Proceedings**Canada: Utility Scale Wind Towers, C-122-868
12/13/19-12/31/20India: Finished Carbon Steel Flanges, C-533-872
1/1/20-12/31/20Indonesia: Utility Scale Wind Towers, C-560-834
12/13/19-12/31/20Republic of Korea: Stainless Steel Sheet and Strip in Coils, C-580-835
1/1/20-12/31/20Spain: Ripe Olives, C-469-818
1/1/20-12/31/20Socialist Republic of Vietnam: Utility Scale Wind Towers, C-552-826
12/13/19-12/31/20The People's Republic of China:Cast Iron Soil Pipe Fittings, C-570-063
1/1/20-12/31/20Laminated Woven Sacks, C-570-917
1/1/20-12/31/20Light-Walled Rectangular Pipe and Tube, C-570-915
1/1/20-12/31/20Passenger Vehicle and Light Truck Tires, C-570-017
1/1/20-12/31/20Sodium Nitrite, C-570-926
1/1/20-12/31/20Steel Propane Cylinders, C-570-087
1/1/20-12/31/20
 Suspension Agreements None. In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. Note that, for any party Commerce was unable to locate in prior segments, Commerce will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii). As explained in 
                        *Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003), and 
                        *Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,*76 FR 65694 (October 24, 2011), Commerce clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.[3] Commerce no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.[4]
                        
                         Accordingly, the NME entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a review of the NME entity.[5]
                        
                         In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, Commerce will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance's ACCESS website at 
                        *https://access.trade.gov.*[6]
                        
                         Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.[7] Commerce will publish in the 
                        **Federal Register**
                         a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of August 2021. If Commerce does not receive, by the last day of August 2021, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or 
                        ( print page 41439)
                        withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures “gap” period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: July 26, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.


# Footnotes

1.
    
                             
                            *See*
                             Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). Back to Citation
 2.
    
                             Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed. Back to Citation
 3.
    
                             
                            *See*
                             the Enforcement and Compliance website at 
                            *https://legacy.trade.gov/​enforcement/​.* Back to Citation
 4.
    
                             
                            *See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings,*78 FR 65963 (November 4, 2013). Back to Citation
 5.
    
                             In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. Back to Citation
 6.
    
                             
                            *See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures,*76 FR 39263 (July 6, 2011). Back to Citation
 7.
    
                             
                            *See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19,*85 FR 41363 (July 10, 2020). Back to Citation


[FR Doc. 2021-16399 Filed 7-30-21; 8:45 am] BILLING CODE 3510-DS-P