21616 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Notices 

1On August 13, 2018, the President signed into 

law the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, which 

includes the Export Control Reform Act of 2018, 50 

U.S.C. 4801–4852 (‘‘ECRA’’). While Section 1766 of 

ECRA repeals the provisions of the Export 

Administration Act, 50 U.S.C. app. 2401 et seq. 

(‘‘EAA’’) (except for three sections which are 

inapplicable here), Section 1768 of ECRA provides, 

in pertinent part, that all orders, rules, regulations, 

and other forms of administrative action that were 

made or issued under the EAA, including as 

continued in effect pursuant to the International 

Emergency Economic Powers Act, 50 U.S.C. 1701 

et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s 

date of enactment (August 13, 2018), shall continue 

in effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. Moreover, Section 1761(a)(5) of ECRA 

authorizes the issuance of temporary denial orders. 

50 U.S.C. 4820(a)(5). 

any other activity subject to the 

Regulations. 

This Order is being issued on an ex 

parte basis without a hearing based 

upon BIS’s showing of an imminent 

violation in accordance with Section 

766.24 and 766.23(b) of the Regulations. 

IV. Order 

It is therefore ordered: 

FIRST, Azur Air, Sharypovo Airport, 

404/1 Kozhevnicheskiy Lane, Moscow, 

Russia, when acting for or on their 

behalf, any successors or assigns, agents, 

or employees may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the regulations, or engaging in any other 

activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations. 

SECOND, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of Azur any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

Azur of the ownership, possession, or 

control of any item subject to the EAR 

that has been or will be exported from 

the United States, including financing 

or other support activities related to a 

transaction whereby Azur acquires or 

attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from Azur of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; 

D. Obtain from Azur in the United 

States any item subject to the EAR with 

knowledge or reason to know that the 

item will be, or is intended to be, 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the regulations; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by Azur, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Azur if such service involves the use 

of any item subject to the EAR that has 

been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification, or 

testing. 

THIRD, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to Azur by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, Azur 

may, at any time, appeal this Order by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by Azur as 

provided in Section 766.24(d), by filing 

a written submission with the Assistant 

Secretary of Commerce for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be provided 

to Azur and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Dated: April 7, 2022. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2022–07769 Filed 4–11–22; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

UTair Aviation JSC, Khanty-Mansiysk 

Airport, Tyumen Region, Russia 

628012; Order Temporarily Denying 

Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (2021) (‘‘EAR’’ or 

‘‘the Regulations’’),1 the Bureau of 

Industry and Security (‘‘BIS’’), U.S. 

Department of Commerce, through its 

Office of Export Enforcement (‘‘OEE’’), 

has requested the issuance of an Order 

temporarily denying, for a period of 180 

days, the export privileges under the 

Regulations of: UTair Aviation JSC 

(‘‘UTair’’). OEE’s request and related 

information indicates that UTair is 

headquartered at Khanty-Mansisyk 

Airport, located in Khanty-Mansisyk, 

Russia, with domestic hubs at Surgut 

Airport and Vnukovo Airport. 

I. Legal Standard 

Pursuant to Section 766.24, BIS may 

issue an order temporarily denying a 

respondent’s export privileges upon a 

showing that the order is necessary in 

the public interest to prevent an 

‘‘imminent violation’’ of the 

Regulations, or any order, license or 

authorization issued thereunder. 15 CFR 

766.24(b)(1) and 766.24(d). ‘‘A violation 


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Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Notices 21617 

2 87 FR 12,226 (Mar. 3, 2022). 3 87 FR 13,048 (Mar. 8, 2022). 

may be ‘imminent’ either in time or 

degree of likelihood.’’ 15 CFR 

766.24(b)(3). BIS may show ‘‘either that 

a violation is about to occur, or that the 

general circumstances of the matter 

under investigation or case under 

criminal or administrative charges 

demonstrate a likelihood of future 

violations.’’ Id. As to the likelihood of 

future violations, BIS may show that the 

violation under investigation or charge 

‘‘is significant, deliberate, covert and/or 

likely to occur again, rather than 

technical or negligent[.]’’ Id. A ‘‘lack of 

information establishing the precise 

time a violation may occur does not 

preclude a finding that a violation is 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 

II. OEE’s Request for a Temporary 

Denial Order (‘‘TDO’’) 

The U.S. Commerce Department, 

through BIS, responded to the Russian 

Federation’s (‘‘Russia’s’’) further 

invasion of Ukraine by implementing a 

sweeping series of stringent export 

controls that severely restrict Russia’s 

access to technologies and other items 

that it needs to sustain its aggressive 

military capabilities. These controls 

primarily target Russia’s defense, 

aerospace, and maritime sectors and are 

intended to cut off Russia’s access to 

vital technological inputs, atrophy key 

sectors of its industrial base, and 

undercut Russia’s strategic ambitions to 

exert influence on the world stage. 

Effective February 24, 2022, BIS 

imposed expansive controls on aviationrelated (e.g., Commerce Control List 

Categories 7 and 9) items to Russia, 

including a license requirement for the 

export, reexport or transfer (in-country) 

to Russia of any aircraft or aircraft parts 

specified in Export Control 

Classification Number (ECCN) 9A991 

(Section 746.8(a)(1) of the EAR).2 BIS 

will review any export or reexport 

license applications for such items 

under a policy of denial. See Section 

746.8(b). Effective March 2, 2022, BIS 

excluded any aircraft registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia from being eligible for license 

exception Aircraft, Vessels, and 

Spacecraft (AVS) (Section 740.15 of the 

EAR).3 Accordingly, any U.S.-origin 

aircraft or foreign aircraft that includes 

more than 25% controlled U.S.-origin 

content, and that is registered in, 

owned, or controlled by, or under 

charter or lease by, Russia or a national 

of Russia, is subject to a license 

requirement before it can travel to 

Russia. 

OEE’s request is based upon facts 

indicating that UTair engaged in recent 

conduct prohibited by the Regulations 

by operating aircraft subject to the EAR 

and classified under ECCN 9A991.b, on 

flights into Russia after March 2, 2022, 

without the required BIS authorization. 

Further, since March 2, 2022, UTair has 

continued to operate aircraft subject to 

the EAR through domestic flights 

without the required BIS authorization. 

Specifically, OEE’s investigation, 

including publicly available flight 

tracking information, indicates that after 

March 2, 2022, UTair operated multiple 

U.S.-origin aircraft subject to the EAR, 

including, but not limited to, those 

identified below, on flights into and out 

of Moscow and other cities in Russia 

from/to: Khujand and Dushanbe, 

Tajikistan; Yerevan, Armenia; Baku and 

Ganja, Azerbaijan; Jeddah, Saudi Arabia, 

and Tashkent, Uzbekistan, respectively. 

Pursuant to Section 746.8 of the EAR, 

all of these flights would have required 

export or reexport licenses from BIS. 

UTair flights would not be eligible to 

use license exception AVS. No BIS 

authorizations were either sought or 

obtained by UTair for these exports or 

reexports to Russia. As noted below, a 

number of the aircraft continued to 

operate on international routes to and 

from Russia after the aircraft’s first 

unlicensed reexport in further violation 

of the EAR. The information about those 

flights includes the following: 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

VQ–BQP ........................ 37553 737–8GU (B738) ............................. Khujand, TJ/Surgut, RU .................. March 3, 2022. 

VQ–BQP ........................ 37553 737–8GU (B738) ............................. Khujand, TJ/Surgut, RU .................. March 5, 2022. 

VQ–BQR ....................... 36386 737–8GU (B738) ............................. Khujand, TJ/Surgut, RU .................. March 10, 2022. 

RA–73063 ..................... 27534 737–524 (B735) ............................... Khujand, TJ/Surgut, RU .................. March 17, 2022. 

RA–73081 ..................... 30435 767–224 (ER) (B762) ...................... Dushanbe, TJ/Moscow, RU ............ March 27, 2022. 

RA–73081 ..................... 30435 767–224 (ER) (B762) ...................... Dushanbe, TJ/Moscow, RU ............ March 29, 2022. 

RA–73081 ..................... 30435 767–224 (ER) (B762) ...................... Dushanbe, TJ/Moscow, RU ............ March 30, 2022. 

RA–73081 ..................... 30435 767–224 (ER) (B762) ...................... Dushanbe, TJ/Moscow, RU ............ March 31, 2022. 

VQ–BQQ ....................... 37552 737–8GU (B738) ............................. Yerevan, AM/Tyumen, RU .............. March 6 ,2022. 

RA–73082 ..................... 30437 767–224 (ER) (B762) ...................... Yerevan, AM/Moscow, RU .............. March 9, 2022. 

RA–73082 ..................... 30437 767–224 (ER) (B762) ...................... Yerevan, AM/Moscow, RU .............. March 10, 2022.

RA–73082 ..................... 30437 767–224 (ER) (B762) ...................... Yerevan, AM/Moscow, RU .............. March 11, 2022.

RA–73061 ..................... 28907 737–524 (B735) ............................... Yerevan, AM/Tyumen, RU .............. March 13, 2022. 

RA–73081 ..................... 30435 767–224 (ER) (B762) ...................... Yerevan, AM/Moscow, RU .............. March 16, 2022.

RA–73062 ..................... 28908 737–524 (B735) ............................... Yerevan, AM/Moscow, RU .............. March 25, 2022. 

RA–73061 ..................... 28907 737–524 (B735) ............................... Yerevan, AM/Tyumen, RU .............. March 29, 2022. 

RA–73061 ..................... 28907 737–524 (B735) ............................... Yerevan, AM/Tyumen, RU .............. March 30, 2022. 

RA–73035 ..................... 27315 737–524 (B735) ............................... Yerevan, AM/Moscow, RU .............. March 31, 2022. 

VQ–BQR ....................... 36386 737–8GU (B738) ............................. Baku, AZ/Surgut, RU ....................... March 9, 2022. 

RA–73035 ..................... 27315 737–524 (B735) ............................... Baku, AZ/Moscow, RU .................... March 29, 2022. 

RA–73061 ..................... 28907 737–524 (B735) ............................... Baku, AZ/Moscow, RU .................... March 31, 2022. 

RA–73035 ..................... 27315 737–524 (B735) ............................... Ganja, AZ/Moscow, RU ................... March 30, 2022. 

VQ–BQS ........................ 36387 737–8GU (B738) ............................. Jeddah, SA/Grozny, RU .................. March 5, 2022. 

VP–BAI/RA–73082 ........ 30437 767–224 (ER) (B762) ...................... Tashkent, UZ/Moscow, RU ............. March 28, 2022. 

VP–BAI/RA–73082 ........ 30437 767–224 (ER) (B762) ...................... Tashkent, UZ/Moscow, RU ............. March 29, 2022. 

VP–BAI/RA–73082 ........ 30437 767–224 (ER) (B762) ...................... Tashkent, UZ/Moscow, RU ............. March 30, 2022. 

VP–BAI/RA–73082 ........ 30437 767–224 (ER) (B762) ...................... Tashkent, UZ/Moscow, RU ............. March 31, 2022. 


khammond on DSKJM1Z7X2PROD with NOTICES
21618 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Notices 

4Section 736.2(b)(10) of the EAR provides: 

General Prohibition Ten—Proceeding with 

transactions with knowledge that a violation has 

occurred or is about to occur (Knowledge Violation 

to Occur). You may not sell, transfer, export, 

reexport, finance, order, buy, remove, conceal, 

store, use, loan, dispose of, transport, forward, or 

otherwise service, in whole or in part, any item 

subject to the EAR and exported or to be exported 

with knowledge that a violation of the Export 

Administration Regulations, the Export 

Administration Act or any order, license, License 

Exception, or other authorization issued thereunder 

has occurred, is about to occur, or is intended to 

occur in connection with the item. Nor may you 

rely upon any license or License Exception after 

notice to you of the suspension or revocation of that 

license or exception. There are no License 

Exceptions to this General Prohibition Ten in part 

740 of the EAR. (emphasis in original). 

5https://www.utair.ru/en/about/aircrafts/. 6https://media.utair.ru/spring-in-russia. 

Based on this information, there are 

heightened concerns of future violations 

of the EAR, given that any subsequent 

actions taken with regard to any of the 

listed aircraft, or other UTair aircraft 

illegally exported or reexported to 

Russia after March 2, 2022, may violate 

the EAR. Such actions include, but are 

not limited to, refueling, maintenance, 

repair, or the provision of spare parts or 

services. See General Prohibition 10 of 

the EAR at 15 CFR 736.2(b)(10).4 Even 

UTair’s continued use of such U.S.- 

origin aircraft only on domestic routes 

within Russia runs afoul of General 

Prohibition 10, which (among other 

restrictions) prohibits the continued use 

of an item that was known to have been 

exported or reexported in violation of 

the EAR. For example, publicly 

available flight tracking data shows that 

on March 25 and March 28, 2022, 

aircraft RA–73063 (SN 27534) flew on 

flights into and out of Surgut, Russia to/ 

from Samara, Russia and, on March 26 

and March 28, 2022, aircraft RA–73061 

(SN 28907) flew on flights into and out 

of Moscow, Russia to/from Syktykar, 

Russia and Ukhta, Russia. 

Moreover, additional concerns of 

future violations of the Regulations are 

raised by public information indicating 

efforts by UTair to have aircraft reregistered in Russia and assigned 

Russian tail numbers. These efforts 

suggest that UTair intends not only to 

maintain control over the aircraft, but 

also to continue operating them in likely 

violation of the EAR. Public information 

available as of the signing of this order 

on UTair’s own website also indicates 

that its fleet consists of 63 aircraft, of 

which 48 are U.S.-origin; the remainder 

are manufactured outside of Russia and 

may be subject to the EAR based on 

containing more than 25% U.S.-origin 

controlled content.5 UTair’s website 

indicates that it currently operates 

international flights to Tajikistan, 

Turkey, Azerbaijan, and Armenia, and 

that while flights to the south of Russia 

are limited, there are cities that can be 

reached with UTair.6 Given BIS’s review 

policy of denial under Section 746.8(a) 

of the Regulations for exports and 

reexports to Russia, it is foreseeable that 

UTair will attempt to evade the 

Regulations in order to obtain new or 

additional aircraft parts or service its 

existing aircraft that were exported or 

reexported to Russia in violation of 

Section 746.8 of the Regulations. 

III. Findings 

Under the applicable standard set 

forth in Section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS convincingly 

demonstrates that UTair took actions in 

apparent violation of the Regulations by 

exporting or reexporting the aircraft 

cited above, among many others, on 

flights into Russia after March 2, 2022, 

without the required BIS authorization. 

Moreover, the continued operation of 

these aircraft by UTair, even on 

domestic routes within Russia, and the 

company’s on-going need to acquire 

replacement parts and components, 

many of which are U.S.-origin, presents 

a high likelihood of imminent violations 

warranting imposition of a TDO. I 

further find that such apparent 

violations have been significant and 

deliberate. Therefore, issuance of the 

TDO is necessary in the public interest 

to prevent imminent violation of the 

Regulations and to give notice to 

companies and individuals in the 

United States and abroad that they 

should avoid dealing with UTair in 

connection with export and reexport 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

This Order is being issued on an ex 

parte basis without a hearing based 

upon BIS’s showing of an imminent 

violation in accordance with Section 

766.24 and 766.23(b) of the Regulations. 

IV. Order 

It is therefore ordered: 

FIRST, UTair Aviation JSC, KhantyMansiysk Airport, Tyumen Region, 

Russia, when acting for or on their 

behalf, any successors or assigns, agents, 

or employees may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations. 

SECOND, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of UTair any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

UTair of the ownership, possession, or 

control of any item subject to the EAR 

that has been or will be exported from 

the United States, including financing 

or other support activities related to a 

transaction whereby UTair acquires or 

attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from UTair of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 

D. Obtain from UTair in the United 

States any item subject to the EAR with 

knowledge or reason to know that the 

item will be, or is intended to be, 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 


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Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Notices 21619 

1See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

possessed or controlled by UTair, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by UTair if such service involves the use 

of any item subject to the EAR that has 

been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification, or 

testing. 

THIRD, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to UTair by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, UTair 

may, at any time, appeal this Order by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by UTair as 

provided in Section 766.24(d), by filing 

a written submission with the Assistant 

Secretary of Commerce for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be provided 

to UTair, and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Dated: April 7, 2022. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2022–07770 Filed 4–11–22; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) has received requests to 

conduct administrative reviews of 

various antidumping duty (AD) and 

countervailing duty (CVD) orders with 

February anniversary dates. In 

accordance with Commerce’s 

regulations, we are initiating those 

administrative reviews. 

DATES: Applicable April 12, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce has received timely 

requests, in accordance with 19 CFR 

351.213(b), for administrative reviews of 

various AD and CVD orders with 

February anniversary dates. 

All deadlines for the submission of 

various types of information, 

certifications, or comments or actions by 

Commerce discussed below refer to the 

number of calendar days from the 

applicable starting time. 

Notice of No Sales 

With respect to antidumping 

administrative reviews, if a producer or 

exporter named in this notice of 

initiation had no exports, sales, or 

entries during the period of review 

(POR), it must notify Commerce within 

30 days of publication of this notice in 

the Federal Register. All submissions 

must be filed electronically at https://

access.trade.gov, in accordance with 19 

CFR 351.303.1 Such submissions are 

subject to verification, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act). Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy must be served on every party on 

Commerce’s service list. 

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 

POR. We intend to place the CBP data 

on the record 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. Comments regarding the 

CBP data and respondent selection 

should be submitted within seven days 

after the placement of the CBP data on 

the record of this review. Parties 

wishing to submit rebuttal comments 

should submit those comments within 

five days after the deadline for the 

initial comments. 

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, the 

following guidelines regarding 

collapsing of companies for purposes of 

respondent selection will apply. In 

general, Commerce has found that 

determinations concerning whether 

particular companies should be 

‘‘collapsed’’ (e.g., 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 this 

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 AD proceeding 

(e.g., investigation, administrative 

review, new shipper review, or changed 

circumstances review). For any 

company subject to this 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 

the Quantity and Value (Q&V) 

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 this 

proceeding where Commerce 

considered collapsing that entity, 


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