Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 43627 

Polyethylene Retail Carrier Bags from Vietnam: 

Domestic Industry Notice Of Intent To Participate 

In Sunset Review,’’ dated April 9, 2021. 

4 Id. The individual members of the Committee 

are Hilex Poly Co., LLC and Superbag LLC. 

5See Committee’s Letter, ‘‘Five-Year (Sunset) 

Review of the Countervailing Duty Order On 

Polyethylene Retail Carrier Bags from Vietnam: 

Domestic Industry Substantive Response,’’ dated 

April 28, 2021. 

6See Commerce’s Letter, ‘‘Sunset Reviews for 

April 2021,’’ dated May 21, 2021. 

7See Memorandum, ‘‘Issues and Decision 

Memorandum for the Expedited Second Sunset 

Review of the Countervailing Duty Order on 

Polyethylene Retail Carrier Bags from the Socialist 

Republic of Vietnam,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

1See Oil Country Tubular Goods from the 

People’s Republic of China: Self-Initiation of AntiCircumvention Inquiries on the Antidumping Duty 

and Countervailing Duty Orders, 85 FR 71877 

(November 12, 2020). 

claimed interested party status under 

section 771(9)(E) of the Act, as a trade 

or business association a majority of 

whose members manufacture, produce, 

or wholesale a domestic like product in 

the United States and stated that each 

member of the Committee is a 

manufacturer of the domestic like 

product and thus, is a domestic 

interested party pursuant to section 

771(9)(C) of the Act.4

Commerce received a substantive 

response from the Committee 5 within 

the 30-day deadline specified in 19 CFR 

351.218(d)(3)(i). We received no 

substantive responses from the 

Government of Vietnam or any other 

domestic or interested parties in this 

proceeding, nor was a hearing 

requested. 

On May 21, 2021, Commerce notified 

the U.S. International Trade 

Commission that it 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 an expedited (120-day) 

sunset review of the Order. 

Scope of the Order 

The scope of this Order covers PRCBs. 

Imports of merchandise included within 

the scope of this Order are currently 

classifiable under statistical category 

3923.21.0085 of the Harmonized Tariff 

Schedule of the United States. For a 

complete description of the scope of the 

Order, see the accompanying Issues and 

Decision Memorandum.7

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed 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 the 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 Sunset Review 

Pursuant to sections 751(c)(1) and 

752(b) of the Act, we determine that 

revocation of the CVD order on PRCBs 

from Vietnam would be likely to lead to 

continuation or recurrence of 

countervailable subsidies at the 

following rates: 

Producer/exporter 

Net 

countervailable 

subsidy 

(percent) 

Advance Polybag Co., Ltd ... 52.56 

Fotai Vietnam Enterprise 

Corp. and Fotai Enterprise 

Corporation ....................... 5.28 

All Others .............................. 5.28 

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 order 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 these 

final results and this notice in 

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

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

351.218. 

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. History of the Order 

IV. Scope of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of a Countervailable Subsidy 

2. Net Countervailable Subsidy Rates 

Likely To Prevail 

3. Nature of the Subsidies 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2021–16961 Filed 8–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–943, C–570–944] 

Oil Country Tubular Goods From the 

People’s Republic of China: 

Preliminary Affirmative Determinations 

of Circumvention 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that imports of welded oil country 

tubular goods (OCTG) completed in 

Brunei or the Philippines using inputs 

manufactured in the People’s Republic 

of China (China) are circumventing the 

antidumping and countervailing duty 

orders on OCTG from China. 

DATES: Applicable August 10, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Yang Jin Chun or John Drury, 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) 482–5760 and (202) 482–0195, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 3, 2020, Commerce selfinitiated these anti-circumvention 

inquiries to determine whether certain 

imports of welded OCTG completed in 

Brunei or the Philippines using inputs 

manufactured in China are 

circumventing the antidumping and 

countervailing duty orders on OCTG 

from China.1

Scope of the Orders 

The products covered by the orders 

are certain OCTG, which are hollow 

steel products of circular cross-section, 

including oil well casing and tubing, of 

iron (other than cast iron) or steel (both 

carbon and alloy), whether seamless or 

welded, regardless of end finish. A full 

description of the scope of the orders is 

contained in the Preliminary Decision 


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43628 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 

2See Memorandum, ‘‘Oil Country Tubular Goods 

from the People’s Republic of China: Decision 

Memorandum for Preliminary Affirmative 

Determinations of Circumvention,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum) at 3. 

3See Oil Country Tubular Goods from the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2017– 

2018, 84 FR 32125, 32126 (July 5, 2019). 

4See Oil Country Tubular Goods from the 

People’s Republic of China: Notice of Court 

Decision Not in Harmony With the Amended Final 

Determination of the Countervailing Duty 

Investigation, 82 FR 25770 (June 5, 2017). 

5See, e.g., HLDS (B) Steel Sdn. Bhd.’s Letter, 

‘‘HLDSB Initial Questionnaire Response,’’ dated 

March 16, 2021 at 25; and HLD Clark Steel Pipe Co., 

Inc.’s Letter, ‘‘HLD Clark Initial Questionnaire 

Response,’’ dated March 16, 2021 at 26. 

6See, e.g., Diamond Sawblades and Parts Thereof 

from the People’s Republic of China: Final 

Determination of Anti-Circumvention Inquiry, 84 

FR 33920, 33921 (July 16, 2019). 

7See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements); 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). 

Memorandum.2 The written description 

is dispositive. 

Scope of the Anti-Circumvention 

Inquiries 

These anti-circumvention inquiries 

cover welded OCTG completed in 

Brunei or the Philippines using inputs 

manufactured in China and 

subsequently exported from Brunei or 

the Philippines to the United States. 

Methodology 

Commerce is conducting these anticircumvention inquiries in accordance 

with section 781(b) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.225(h). Because China is a nonmarket economy country within the 

meaning of section 771(18) of the Act, 

Commerce relied on surrogate values to 

value the purchases of Chinese hotrolled steel, as discussed in section 

773(c) of the Act. For a complete 

description of the events that followed 

the initiation of these anticircumvention inquiries, 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 on file 

electronically 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 accessed 

directly at http://enforcement.trade.gov/ 

frn/. 

Preliminary Determinations 

As detailed in the Preliminary 

Decision Memorandum, Commerce 

preliminarily determines that welded 

OCTG assembled or completed in 

Brunei or the Philippines using inputs 

manufactured in China and 

subsequently exported from Brunei or 

the Philippines to the United States are 

circumventing the antidumping and 

countervailing duty orders on OCTG 

from China. We therefore preliminarily 

determine that it is appropriate to 

include this merchandise within the 

antidumping and countervailing duty 

orders on OCTG from China and to 

instruct U.S. Customs and Border 

Protection (CBP) to suspend entries of 

merchandise produced using Chinese 

inputs in a third country, i.e., Brunei or 

the Philippines, and exported to the 

United States. 

Suspension of Liquidation 

As stated above, Commerce has made 

preliminary affirmative findings of 

circumvention of the antidumping and 

countervailing duty orders on OCTG 

from China for welded OCTG completed 

in Brunei or the Philippines using 

inputs manufactured in China and 

subsequently exported from Brunei or 

the Philippines to the United States. 

These preliminary circumvention 

findings apply to welded OCTG 

assembled or completed in Brunei or the 

Philippines using inputs manufactured 

in China and subsequently exported 

from Brunei or the Philippines to the 

United States. In accordance with 

section 19 CFR 351.225(l)(2), Commerce 

will direct CBP to suspend liquidation 

and to require a cash deposit of 

estimated duties on unliquidated entries 

of welded OCTG completed in Brunei or 

the Philippines using inputs 

manufactured in China, subsequently 

exported from Brunei or the Philippines 

to the United States, and entered, or 

withdrawn from warehouse, for 

consumption on or after November 3, 

2020, the date of initiation of these anticircumvention inquiries. The 

suspension of liquidation will remain in 

effect until further notice. For entries of 

such merchandise produced in Brunei 

or the Philippines, Commerce will 

instruct CBP to require antidumping 

duty cash deposits equal to the rate 

established for the China-wide entity, 

i.e., 99.14 percent,3 and countervailing 

duty cash deposits equal to the current 

all-others rate, i.e., 27.08 percent.4

Welded OCTG assembled or 

completed in Brunei or the Philippines 

using non-Chinese inputs is not subject 

to these anti-circumvention inquiries. 

However, because the mandatory 

respondents are unable to track welded 

OCTG to the country of origin of inputs 

used in the production of welded 

OCTG,5 Commerce will not implement 

a certification process at this 

preliminary stage, and Commerce will 

require cash deposits on all entries of 

welded OCTG from Brunei and the 

Philippines.6 However, we intend to 

implement a certification process in the 

future for any companies that may be 

established in Brunei or the Philippines, 

and we plan to issue draft certifications 

shortly after these preliminary 

determinations of circumvention. With 

respect to the mandatory respondents, 

Commerce will reconsider eligibility to 

participate in a certification process if a 

party demonstrates in a future segment 

of the proceeding (i.e., a changed 

circumstances review or an 

administrative review) that the OCTG 

being entered into the United States that 

it produces is not produced using 

Chinese inputs. Interested parties are 

invited to comment on this issue in 

their case briefs. 

Public Comment 

Commerce intends to disclose the 

analysis used in these preliminary 

findings within five days of publication 

of this notice. Interested parties are 

invited to comment on the preliminary 

determinations of these anticircumvention inquiries. Pursuant to 19 

CFR 351.309(b)(2), interested parties 

may submit case briefs not later than 30 

days after the date of publication of this 

notice. Rebuttal briefs, limited to issues 

raised in the case briefs, may not be 

filed later than seven days after the time 

limit for filing case briefs.7 Pursuant to 

19 CFR 351.309(c)(2) and (d)(2), parties 

who submit case or rebuttal briefs in 

these anti-circumvention inquiries 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, 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. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. 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 


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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 43629 

8See also 19 CFR 351.225(f)(iii)(5) (explaining 

that Commerce will issue a final anticircumvention 

ruling ‘‘normally within 300 days from the date of 

the initiation of the. . . inquiry’’). 

the date and time of the hearing two 

days before the scheduled date of the 

hearing. 

International Trade Commission 

Notification 

Consistent with section 781(e) of the 

Act, Commerce will notify the 

International Trade Commission (ITC) of 

these preliminary determinations to 

include the merchandise subject to 

these anti-circumvention inquiries 

within the antidumping and 

countervailing duty orders on OCTG 

from China. Pursuant to section 781(e) 

of the Act, the ITC may request 

consultations concerning Commerce’s 

proposed inclusion of the subject 

merchandise. If, after consultations, the 

ITC believes that a significant injury 

issue is presented by the proposed 

inclusion, it will have 60 days from the 

date of notification by Commerce to 

provide written advice. 

Final Determinations 

According to section 781(f) of the Act, 

Commerce shall, to the maximum extent 

practicable, make its anti-circumvention 

determination within 300 days from the 

date of the initiation of the inquiry.8

Due to the complicated nature of these 

anti-circumvention inquiries, we are 

hereby extending the deadline for the 

final determinations of these anticircumvention inquiries by 50 days. 

Therefore, Commerce intends to issue 

the final determinations of these anticircumvention inquiries to October 28, 

2021. 

These preliminary affirmative 

circumvention determinations are 

published in accordance with section 

781(b) of the Act and 19 CFR 351.225(f). 

Dated: August 4, 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 Orders 

IV. Scope of the Anti-Circumvention 

Inquiries 

V. The Period of Inquiries 

VI. Surrogate Country and Valuation 

Methodology for Inputs From China 

VII. Statutory Framework 

VIII. Statutory Analysis 

IX. Other Statutory Criteria 

X. Summary of Statutory Analysis 

XI. Country-Wide Determinations 

XII. Recommendation 

[FR Doc. 2021–17016 Filed 8–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB289] 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice, Issuance of 14 

Enhancement of Survival Permits. 

SUMMARY: Notice is hereby given that 

NMFS has issued 14 enhancement of 

survival permits (Permit Numbers 

23271, 23276, 23278, 23279, 23280, 

23284, 23285, 23286, 23287, 23288, 

23289, 23290, 23291, 23434) for 

enhancement and monitoring purposes 

associated with the Template Safe 

Harbor Agreement for Conservation of 

Coho Salmon in the Shasta River 

(Agreement) and associated Site Plans 

Agreements developed for the enrolled 

properties. 

ADDRESSES: The Agreement, Site Plan 

Agreements, permits, and supporting 

documents are available upon written 

request or by appointment: California 

Coastal Office, NMFS WCR, 1655 

Heindon Road, Arcata, California 95521, 

ph: 707–825–5171, fax: 707–825–4840. 

FOR FURTHER INFORMATION CONTACT: Jim 

Simondet, Arcata, California (ph: 707– 

825–5171, email: jim.simondet@

noaa.gov). 

SUPPLEMENTARY INFORMATION: The 

issuance of permits under the 

Endangered Species Act of 1973 

(ESA)(16 U.S.C. 1531–1543) is based on 

a finding that such permits: (1) Are 

applied for in good faith; (2) would not 

operate to the disadvantage of the ESAlisted species which are the subject of 

the permits; and (3) are consistent with 

the purposes and policies set forth in 

section 2 of the ESA. Authority to take 

listed species is subject to conditions set 

forth in the permits. Permits are issued 

in accordance with and are subject to 

the ESA and NMFS regulations (50 CFR 

parts 222–226) governing listed marine 

and anadromous species. 

Species Covered in This Notice 

The following listed species is 

covered in this notice: 

Threatened Southern Oregon/ 

Northern California Coast (SONCC) 

coho salmon (Oncorhynchus kisutch; 

covered species). 

Permits Issued 

Twelve permittees have been issued 

enhancement of survival permits upon 

entry into the Agreement, which was 

developed by NMFS, California 

Department of Fish and Wildlife 

(CDFW), the Shasta Watershed 

Conservation Group (SWCG), and the 

permittees (Table 1). The 12 permittees 

(Table 1) each developed site plan 

agreements for their respective 

properties (i.e., Enrolled Properties) that 

describe management activities that will 

be implemented, including Beneficial 

Management Activities (BMAs), as 

defined in the Agreement. The Site Plan 

Agreements, Agreement, and 

enhancement of survival permits are 

expected to promote the recovery of the 

covered species on enrolled properties 

within the Shasta River watershed in 

the Agreement area (see Figure 1 in the 

Agreement). The Shasta River is a 

tributary to the Klamath River and is in 

Siskiyou County, California. The 

duration of the Agreement and the 

associated enhancement of survival 

permits is 20 years. 

TABLE 1—PERMITTEE, PERMIT NUMBER, AND ENROLLED PROPERTIES AFFILIATED WITH THE AGREEMENT

Permittee Permit number Enrolled property Expiration date 

Outpost North Annex ............... 23271 Belcampo-North Annex Property, 8030 Siskiyou Blvd., Grenada, CA 96038.February 24, 2041. 

California Department of Fish 

and Wildlife.

23276 Big Springs Ranch Wildlife Area, 41° 35′44.76 N 122°27′ 

31.52 W.

February 25, 2041. 

Cardoza Ranch ....................... 23278 Cardoza Ranch, 3710 East Louie Road, Montague, CA 

96064.

February 24, 2041. 


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