Notice2021-13708
Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2019-2020
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 28, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of certain activated carbon from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) April 1, 2019, through March 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33988-33991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13708]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-904]
Certain Activated Carbon From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Carbon Activated Tianjin Co., Ltd. (Carbon Activated) and Datong
Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), exporters of
certain activated carbon from the People's Republic of China (China),
sold subject merchandise in the United States at prices below normal
value (NV) during the period of review (POR) April 1, 2019, through
March 31, 2020. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Joshua Simonidis, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-0608,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Commerce published the notice of initiation of this administrative
review on June 8, 2020.\1\ On July 21, 2020, Commerce tolled all
preliminary and final deadlines in administrative reviews by 60
days.\2\ On January 15, 2021, Commerce extended the preliminary results
deadline until April 30, 2021.\3\ On March 24, 2021, Commerce further
extended the preliminary results deadline until June 18, 2021.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 35068 (June 8, 2020).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Thirteenth Antidumping Duty Administrative Review,'' dated
January 15, 2021.
\4\ See Memorandum, ``Certain Activated Carbon from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Thirteenth Antidumping Duty Administrative Review,'' dated March
24, 2021. However, on June 17, 2021, the President signed into law
the Juneteenth National Independence Day Act, making June 19 a
Federal holiday. See Juneteenth National Independence Day Act, S.
475, Public Law 117-17 (2021). Because the Federal holiday fell on a
Saturday, it was observed on Friday, June 18, 2021. Where a deadline
falls on a weekend or Federal holiday, the appropriate deadline is
the next business day. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005). Accordingly, the deadline for these
preliminary results is on June 21, 2021.
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Scope of the Order <SUP>5</SUP>
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\5\ See Notice of Antidumping Duty Order: Certain Activated
Carbon from the People's Republic of China, 72 FR 20988 (April 27,
2007) (Order).
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The merchandise subject to the Order is certain activated carbon.
The products are currently classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 3802.10.00. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the scope of the Order remains
dispositive.\6\
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\6\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Activated Carbon
from the People's Republic of China; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, and the no shipment certifications submitted by Beijing
Pacific Activated Carbon Products Co., Ltd., Jilin Bright Future
Chemicals Co., Ltd., Shanxi Dapu International Trade Co., Ltd., Shanxi
Industry Technology Trading Co., Ltd., Shanxi Tianxi Purification
Filter Co., Ltd., and Tianjin Channel Filters Co., Ltd., Commerce
preliminarily determines that these companies had no shipments of
subject merchandise during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review but instead intend to complete the
review with respect to these six companies for which we have
preliminarily found no shipments and issue appropriate instructions to
CBP based on the final results of the review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Practice).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because China
is an NME country within the meaning of section 771(18) of the Act, NV
has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
[[Page 33989]]
Preliminary Results of the Review
Commerce preliminarily finds that 61 companies for which a review
was requested \8\ did not establish eligibility for a separate rate
because they failed to provide either a separate rate application or
separate rate certification. As such, we preliminarily determine that
these 61 companies are part of the China-wide entity.\9\
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\8\ See Appendix II of this notice for a full list of the 61
companies.
\9\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity
as an exporter conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity. Thus, the rate
for the China-wide entity is not subject to change as a result of
this review. 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, 65969-70 (November
4, 2013). The China-wide entity rate of 2.42 U.S. dollars per
kilogram was last reviewed in Certain Activated Carbon from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 70163 (November 25, 2014).
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For those companies that have established their eligibility for a
separate rate,\10\ Commerce preliminarily determines that the following
weighted-average dumping margins exist for the POR:
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\10\ See Preliminary Decision Memorandum.
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Weighted-average
dumping margin
Exporter (U.S. dollars per
kilogram) \11\
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Carbon Activated Tianjin Co., Ltd.................. 1.13
Datong Juqiang Activated Carbon Co., Ltd........... 0.45
Datong Municipal Yunguang Activated Carbon Co., Ltd 0.58
Jacobi Carbons AB \12\............................. 0.58
Ningxia Guanghua Cherishmet Activated Carbon Co., 0.58
Ltd...............................................
Ningxia Huahui Activated Carbon Co., Ltd........... 0.58
Ningxia Mineral & Chemical Limited................. 0.58
Shanxi Sincere Industrial Co., Ltd................. 0.58
Tancarb Activated Carbon Co., Ltd.................. 0.58
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, we have assigned to them the weighted-average margin calculated
based on the publicly available ranged U.S. sales quantities of the
mandatory respondents consistent with section 735(c)(5)(A) of the
Act.\13\
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\11\ In the second administrative review of the Order, Commerce
determined that it would calculate per-unit weighted-average dumping
margins and assessment rates for all future reviews. See Certain
Activated Carbon from the People's Republic of China: Final Results
and Partial Rescission of Second Antidumping Duty Administrative
Review, 75 FR 70208, 70211 (November 17, 2010).
\12\ In the third administrative review of the Order, Commerce
found that Jacobi Carbons AB, Tianjin Jacobi International Trading
Co. Ltd., and Jacobi Carbons Industry (Tianjin) Co., Ltd. should be
treated as a single entity, and because there were no facts
presented on the record of this review which would call into
question our prior finding, we continue to treat these companies as
part of a single entity for this administrative review, pursuant to
sections 771(33)(E), (F), and (G) of the Act and 19 CFR 351.401(f).
See Certain Activated Carbon from the People's Republic of China:
Final Results and Partial Rescission of Third Antidumping Duty
Administrative Review, 76 FR 67142, 67145, n. 25 (October 31, 2011).
\13\ See Memorandum, ``Certain Activated Carbon from the
People's Republic of China: Calculation of the Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice; see also Preliminary Decision
Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties no later than five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review. Parties who submit case briefs
or rebuttal briefs in this proceeding 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. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the case briefs are filed.\14\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\15\
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\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
are in effect)'').
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\16\ If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\17\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed electronically using
ACCESS \18\ and must also be served on interested parties.\19\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due.
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\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\20\ Commerce intends to issue assessment instructions
to CBP 35 days
[[Page 33990]]
after the publication date of the final results of this review. For any
individually examined respondent whose (estimated) ad valorem weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, Commerce will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total quantity of those sales, in accordance with 19 CFR
351.212(b)(1).\21\ Commerce will also calculate (estimated) ad valorem
importer-specific assessment rates with which to assess whether the
per-unit assessment rate is de minimis.\22\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate calculated
in the final results of this review is not zero or de minimis. Where
either the respondent's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\23\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\20\ See 19 CFR 351.212(b)(1).
\21\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\22\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Memoranda, ``Preliminary Results Margin
Calculation for Datong Juqiang Activated Carbon Co., Ltd.,'' and
``Antidumping Duty Administrative Review of Certain Activated Carbon
the People's Republic of China: Preliminary Results Calculation
Memorandum for Carbon Activated,'' both dated concurrently with this
notice, and attached Margin Calculation Program Logs and Outputs.
\23\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, the assessment rate will be the margin established for these
companies in the final results of this review.
For the final results, if we continue to treat the 61 companies,
identified at Appendix II to this notice, as part of the China-wide
entity, we will instruct CBP to apply a per-unit assessment rate of
$2.42 per kilogram to all entries of subject merchandise during the POR
which were exported by those companies.\24\
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\24\ See, e.g., Certain Activated Carbon from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 70163, 70165 (November 25, 2014).
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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\25\ Additionally, if Commerce determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's cash deposit rate) will be liquidated at the rate for the
China-wide entity.\26\
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\25\ See NME Practice, for a full discussion.
\26\ Id.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, as applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For each specific
company listed in the final results of this review, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of this review (except that if the ad valorem rate
is de minimis, then the cash deposit rate will be zero); (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the existing exporter-specific cash deposit rate; (3)
for all Chinese exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the rate for the China-wide entity; and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a Separate Rate and Treated as
Part of the China-Wide Entity
1. AM Global Shipping Lines Co., Ltd.
2. Apex Maritime (Tianjin) Co., Ltd.
3. Ardic Worldwide Logistics Ltd.
4. Beijing Kang Jie Kong International Cargo Agent Co Ltd
5. Bengbu Modern Environmental Co., Ltd.
6. Brilliant Logistics Group Inc.
7. China Combi Works Oy Ltd.
8. China International Freight Co., Ltd.
9. Cohesion Freight (HK) Ltd.
10. Datong Municipal Yunguang
11. De Well Container Shipping Corp.
12. Derun Charcoal Carbon Co., Ltd.
13. Endurance Cargo Management Co., Ltd.
14. Envitek (China) Ltd.
15. Excel Shipping Co., Ltd.
16. Fujian Xinsen Carbon Co., Ltd.
17. Fuzhou Yihuan Carbon Co., Ltd.
18. Fuzhou Yuemengfeng Trade Co., Ltd.
19. Gongyi City Bei Shan Kou Water Purification Materials Factory
20. Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd.
21. Guangzhou Four E'S Scientific Co., Ltd.
22. Hangzhou Hengxing Activated Carbon
23. Henan Dailygreen Trading Co., Ltd.
24. Honour Lane Shipping Ltd.
25. Ingevity Corp.
26. Ingevity Performance Materials
27. Jiangsu Kejing Carbon Fiber Co., Ltd.
28. Jiangxi Yuanli Huaiyushan Active Carbon
29. King Freight International Corp.
30. M Chemical Company, Inc.
31. Meadwestvaco Trading (Shanghai)
32. Muk Chi Trade Co., Ltd.
33. Nanping Yuanli Active Carbon Co.
34. Pacific Star Express (China) Company Ltd.
35. Panalpina World Transport (PRC) Ltd.
36. Pingdingshan Green Forest Activated
[[Page 33991]]
Carbon Factory
37. Pingdingshan Lvlin Activated Carbon Co., Ltd.
38. Pudong Prime International Logistics
39. Safround Logistics Co.
40. Seatrade International Transportation
41. Shanghai Caleb Industrial Co. Ltd.
42. Shanghai Express Global International
43. Shanghai Line Feng Int'l Transportation
44. Shanghai Pudong International Transportation
45. Shanghai Sunson Activated Carbon
46. Shanghai Xinjinhu Activated Carbon
47. Shanxi DMD Corp.
48. Shanxi Industry Technology Trading (ITT)
49. Shenzhen Calux Purification Technology Co., Ltd.
50. Shijiazhuang Tangju Trading Co.
51. Sinoacarbon International Trading Co., Ltd.
52. The Ultimate Solid Logistics Ltd.
53. T.H.I. Group (Shanghai) Ltd.
54. Tianjin Maijin Industries Co., Ltd.
55. Translink Shipping Inc.
56. Trans-Power International Logistics Co., Ltd.
57. Triple Eagle Container Line
58. U.S. United Logistics (Ningbo) Inc.
59. Yusen Logistics Co., Ltd.
60. Zhejiang Topc Chemical Industry
61. Zhengzhou Zhulin Activated Carbon
[FR Doc. 2021-13708 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.