Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Opportunity To Request a Review: Not late

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Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Opportunity To Request a Review: Not later than
the last day of January
2022,[2] interested parties
may request administrative review of the following orders,
findings, or suspended investigations, with anniversary dates in
January for the following periods:
 
Period to review
Antidumping Duty Proceedings
BELARUS: Carbon and Alloy Steel Wire Rod, A-822-806
1/1/21-12/31/21
BRAZIL: Prestressed Concrete Steel Wire Stand, A-351-837
1/1/21-12/31/21
CANADA: Softwood Lumber, A-122-857
1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, A-428-847
7/23/20-12/31/21
INDIA: Prestressed Concrete Steel Wire Strand, A-533-828
1/1/21-12/31/21
Polyester Textured Yarn, A-533-885
1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, A-475-840
7/23/20-12/31/21
MEXICO: Prestressed Concrete Steel Wire Strand, A-201-831
1/1/21-12/31/21
REPUBLIC OF KOREA: Prestressed Concrete Steel Wire Strand,
A-580-852
1/1/21-12/31/21
RUSSIA: Carbon and Alloy Steel Wire Rod, A-821-824
1/1/21-12/31/21
SOUTH AFRICA: Ferrovanadium, A-791-815
1/1/21-12/31/21
THAILAND: Prestressed Concrete Steel Wire Strand, A-549-820
1/1/21-12/31/21
THE PEOPLE'S REPUBLIC OF CHINA: Calcium Hypochlorite,
A-570-008
1/1/21-12/31/21
Carbon and Certain Alloy Steel Wire Rod, A-570-012
1/1/21-12/31/21
Certain Crepe Paper Products, A-570-895
1/1/21-12/31/21
Certain Hardwood Plywood Products, A-570-051
1/1/21-12/31/21
Ferrovanadium, A-570-873
1/1/21-12/31/21
Folding Gift Boxes, A-570-866
1/1/21-12/31/21
Polyester Textured Yarn, A-570-097
1/1/21-12/31/21
Potassium Permanganate, A-570-001
1/1/21-12/31/21
Wooden Bedroom Furniture, A-570-890
1/1/21-12/31/21
UNITED ARAB EMIRATES: Carbon and Alloy Steel Wire Rod,
A-520-808
1/1/21-12/31/21
Countervailing Duty Proceedings
ARGENTINA: Biodiesel, C-357-821
1/1/21-12/31/21
CANADA: Softwood Lumber, C-122-858
1/1/21-12/31/21
GERMANY: Forged Steel Fluid End Blocks, C-428-848
5/26/2020-12/31/2021
INDIA: Polyester Textured Yarn, C-533-886
1/1/21-12/31/21
Forged Steel Fluid End Blocks, C-533-894
5/26/2020-12/31/2021
INDONESIA: Biodiesel, C-560-831
1/1/21-12/31/21
ITALY: Forged Steel Fluid End Blocks, C-475-841
5/26/2020-12/31/2021
THE PEOPLE'S REPUBLIC OF CHINA: Calcium Hypochlorite,
C-570-009
1/1/21-12/31/21
Carbon and Certain Alloy Steel Wire Rod, C-570-013
1/1/21-12/31/21
Circular Welded Carbon Quality Steel Line Pipe, C-570-936
1/1/21-12/31/21
Certain Hardwood Plywood Products, C-570-052
1/1/21-12/31/21
Certain Oil Country Tubular Goods, C-570-944
1/1/21-12/31/21
Certain Tool Chests and Cabinets, C-570-057
1/1/21-12/31/21
Forged Steel Fluid End Blocks, C-570-116
5/26/2020-12/31/2021
Polyester Textured Yarn, C-570-098
1/1/21-12/31/21
Suspension Agreements
RUSSIA: Certain Cut To Length Carbon Steel Plate, A-821-808
1/1/21-12/31/21
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
January 2022. If Commerce does not receive, by the last day of
January 2022, 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 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.
Establishment of and Updates to the Annual Inquiry
Service List
On September 20, 2021, Commerce published the final rule titled
“ Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws ” in
the Federal
Register .[8] On
September 27, 2021, Commerce also published the notice entitled
“ Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions ” in the Federal
Register .[9] The Final
Rule and Procedural Guidance provide
that Commerce will maintain an annual inquiry service list for each
order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the
persons on the annual inquiry service list for that order, as well
as any companion order covering the same merchandise from the same
country of origin.[10]
In accordance with the Procedural
Guidance, for orders published in
the Federal Register before November 4,
2021, Commerce created an annual inquiry service list segment for
each order and suspended investigation. Interested parties who
wished to be added to the annual inquiry service list for an order
submitted an entry of appearance to the annual inquiry service list
segment for the order in ACCESS, and on November 4, 2021, Commerce
finalized the initial annual inquiry service lists for each order
and suspended investigation. Each annual inquiry service list has
been saved as a public service list in ACCESS, under each case
number, and under a specific segment type called “AISL-Annual
Inquiry Service List.” [11]
As mentioned in the Procedural
Guidance, beginning in January 2022, Commerce will update
these annual inquiry service lists on an annual basis when
the Opportunity Notice for the anniversary month
of the order or suspended investigation is published in
the Federal
Register .[12] Accordingly,
Commerce will update the annual inquiry service lists for the
above-listed antidumping and countervailing duty proceedings. All
interested parties wishing to appear on the updated annual inquiry
service list must take one of the two following actions: (1) New
interested parties who did not previously submit an entry of
appearance must submit a new entry of appearance at this time; (2)
Interested parties who were included in the preceding annual
inquiry service list must submit an amended entry of appearance to
be included in the next year's annual inquiry service list. For
these interested parties, Commerce will change the entry of
appearance status from “Active” to “Needs Amendment” for the annual
inquiry service lists corresponding to the above-listed
proceedings. This will allow those interested parties to make any
necessary amendments and resubmit their entries of appearance. If
no amendments need to be made, the interested party should indicate
in the area on the ACCESS form requesting an explanation for the
amendment that it is resubmitting its entry of appearance for
inclusion in the annual inquiry service list for the following
year. As mentioned in the Final
Rule,[13] once the
petitioners and foreign governments have submitted an entry of
appearance for the first time, they will automatically be added to
the updated annual inquiry service list each year.