Notice2021-11853
Pressure Sensitive Plastic Tape From Italy: Final Results of Sunset Review and Revocation of Antidumping Duty Finding
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 1, 2021, the Department of Commerce (Commerce) initiated the fifth sunset review of the antidumping duty finding on pressure sensitive plastic tape (PS tape) from Italy. Because no domestic interested party filed a timely notice of intent to participate in this sunset review, Commerce is revoking this antidumping duty finding.
Full Text
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<title>Federal Register, Volume 86 Issue 107 (Monday, June 7, 2021)</title>
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[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30253-30254]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11853]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-059]
Pressure Sensitive Plastic Tape From Italy: Final Results of
Sunset Review and Revocation of Antidumping Duty Finding
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 1, 2021, the Department of Commerce (Commerce)
[[Page 30254]]
initiated the fifth sunset review of the antidumping duty finding on
pressure sensitive plastic tape (PS tape) from Italy. Because no
domestic interested party filed a timely notice of intent to
participate in this sunset review, Commerce is revoking this
antidumping duty finding.
DATES: Applicable April 14, 2021.
FOR FURTHER INFORMATION CONTACT: Jacob Garten, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3342.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 1977, the Department of Treasury issued an
antidumping duty finding on PS tape from Italy.\1\ Commerce conducted
four previous sunset reviews of the Finding. Commerce published the
final results of those sunset reviews on January 6, 1999; \2\ May 11,
2004; \3\ August 13, 2009; \4\ and July 8, 2015.\5\ On April 14, 2016,
Commerce published a notice of continuation of the Finding following
the fourth sunset review.\6\ On March 1, 2021, Commerce initiated the
fifth sunset review of this Finding.\7\
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\1\ See Antidumping: Pressure Sensitive Plastic Tape Measuring
Over One and Three-Eights Inches in Width and Not Exceeding Four
Millimeters in Thickness from Italy, 42 FR 56110 (October 21, 1977)
(Finding). Prior to the Trade Agreements Act of 1979 (1979 Act),
Public Law 96-39, the Treasury Department issued antidumping
``findings.'' Section 106(a) of the 1979 Act expressly preserved the
existing antidumping ``findings'' in the new law and provided that,
after January 1, 1980, the Tariff Act of 1930 would be amended to
require Commerce to issue antidumping ``orders'' instead of
``findings.''
\2\ See Final Results of Expedited Sunset Review: Pressure
Sensitive Plastic Tape from Italy, 64 FR 853 (January 6, 1999).
\3\ See Pressure Sensitive Plastic Tape from Italy; Final
Results of the Second Sunset Review of Antidumping Duty Finding, 69
FR 26068 (May 11, 2004).
\4\ See Pressure Sensitive Plastic Tape from Italy: Final
Results of Expedited Sunset Review, 74 FR 40811 (August 13, 2009).
\5\ See Pressure Sensitive Plastic Tape from Italy: Final
Results of Expedited Fourth Sunset Review of the Antidumping Duty
Finding, 80 FR 39054 (July 8, 2015).
\6\ See Pressure Sensitive Plastic Tape from Italy: Continuation
of the Antidumping Duty Finding, 81 FR 22048 (April 14, 2016) (2016
Continuation Notice).
\7\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 11928
(March 1, 2021).
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No domestic interested party submitted a notice of intent to
participate in this sunset review by the applicable time limit of March
16, 2021, as required by 19 CFR 351.102(d)(1).\8\ Pursuant to 19 CFR
351.218(e)(1)(i)(C)(2), on March 23, 2021, Commerce notified the
International Trade Commission that it intended to issue a final
determination revoking this antidumping duty finding.\9\
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\8\ On March 17, 2021, domestic interested parties attempted to
file an untimely notice of intent to participate. See Domestic
Interested Parties' Letter, ``Pressure Sensitive Plastic Tape from
Italy: Notice of Intent to Participate in Sunset Review,'' dated
March 17, 2021. On the same day, the domestic interested parties
filed an untimely request for an extension of time to file their
notice of intent to participate in this sunset review. See Domestic
Interested Parties' Letter, ``Pressure Sensitive Plastic Tape from
Italy: Request for Extension of Time to File Notice of Intent to
Participate in Sunset Review,'' dated March 17, 2021. Commerce found
that the domestic interested parties failed to identify
extraordinary circumstances warranting consideration of the untimely
extension request and, thus, denied the untimely extension request
and rejected the late submission of the notice of intent to
participate. See Commerce's Letter's, ``Five-Year (``Sunset'')
Review of Pressure Sensitive Plastic Tape from Italy: Rejection of
Request for Extension of Time to File Notice of Intent to
Participate in Sunset Review,'' dated March 25, 2021.
\9\ See Commerce's Letter, ``Sunset Reviews [sic] Initiated on
March 1, 2021,'' dated March 23, 2021.
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Scope of the Finding
The products covered by the Finding are shipments of PS tape
measuring over one and three-eighths inches in width and not exceeding
four mils in thickness. The above described PS tape is classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
3919.90.10.20 and 3919.90.50. The HTSUS subheadings are provided for
convenience and for customs purposes. The written description remains
dispositive.
Determination to Revoke
Pursuant to 19 CFR 351.218(d)(1)(iii)(B), if no domestic interested
party files a notice of intent to participate under paragraph (d)(1) of
that section, Commerce will issue a final determination revoking the
order or terminating the suspended investigation not later than 90 days
after the date of publication in the Federal Register of the Notice of
Initiation.\10\ In turn, 19 CFR 351.218(d)(1)(i) establishes a time
limit for domestic interested parties to file a notice of intent to
participate in response to a notice of initiation, which is 15 days
after the date of publication in the Federal Register of the notice of
initiation. In this case, the notice of initiation was published in the
Federal Register on March 1, 2021; therefore, the deadline to file an
intent to participate was March 16, 2021. As noted above, Commerce did
not receive a notice of intent to participate from any domestic
interested party by March 16, 2021.
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\10\ See also section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(1)(i).
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Because no domestic interested party timely filed a notice of
intent to participate in this sunset review, Commerce finds that no
domestic interested party has responded to the notice of initiation of
this sunset review under 751(c)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\11\ Therefore, consistent with the section
751(c)(3)(A) of the Act, 19 CFR 351.218(d)(1)(iii)(B)(3), and 19 CFR
351.222(i)(1)(i), we are revoking the antidumping duty finding on PS
tape from Italy.
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\11\ See 19 CFR 351.218(d)(1)(iii)(B)(1).
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Effective Date of Revocation
Pursuant to 19 CFR 351.222(i)(2)(i), the effective date of
revocation is April 14, 2021, which is the fifth anniversary of the
date of publication in the Federal Register of the most recent notice
of continuation of this antidumping duty finding.\12\ Therefore,
pursuant to section 751(d)(3) of the Act, Commerce will instruct U.S.
Customs and Border Protection to terminate the suspension of
liquidation of the merchandise subject to this finding entered, or
withdrawn from warehouse, on or after April 14, 2021. Entries of
subject merchandise prior to the effective date of revocation will
continue to be subject to suspension of liquidation and antidumping
duty deposit requirements. Commerce will complete any pending
administrative reviews of this finding and will conduct administrative
reviews of subject merchandise entered prior to the effective date of
revocation in response to appropriately filed requests for review.
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\12\ See 2016 Continuation Notice.
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This notice of revocation is published in accordance with sections
751(c) and 777(i)(1) of the Act and 19 CFR 351.218(d)(1)(iii) and 19
CFR 351.222(i)(1)(i).
Dated: June 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11853 Filed 6-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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