4th Tier Cigarettes From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 44281-44283 [2020-15841]
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
with respect to JSL but, rather, will
complete the review and issue
appropriate instructions to CBP based
on the final results.9
jbell on DSKJLSW7X2PROD with NOTICES
Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.10 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the
date for filing case briefs.11 Pursuant to
19 CFR 351.309(c)(2) and (d)(2), 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.
Case and rebuttal briefs must be filed
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
and must also be served on interested
parties.12 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.13
ACCESS is available to registered users
at https://access.trade.gov. An
electronically filed document must be
received successfully in its entirety by
5:00 p.m. Eastern Time on the date that
the document is due.
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, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.14 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
9 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
10 See 19 CFR 351.309(c)(1)(ii).
11 See 19 CFR 351.309(d).
12 See 19 CFR 351.303.
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.310(c).
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raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.15 Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.16
Assessment Rates
If we continue to find, in the final
results, that JSL had no shipments of
subject merchandise, for entries of
subject merchandise during the POR
produced by JSL for which the company
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate these entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.17
Commerce intends to issue
appropriate assessment instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for JSL will
remain unchanged from the rate
assigned to them in the most recently
completed segment for the company; 18
(2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in a
prior review, or the original
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be zero
percent, the all-others cash deposit rate
established in the less-than-fair-value
investigation.19 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
review period. 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 notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–15853 Filed 7–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–905]
4th Tier Cigarettes From the Republic
of Korea: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, and Preliminary Negative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that 4th Tier Cigarettes from the
Republic of Korea (Korea) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2018 through September 30, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable July 22, 2020.
15 See
DATES:
16 See
FOR FURTHER INFORMATION CONTACT:
19 CFR 351.310(d).
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
17 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
18 See Order, 79 FR at 53694 n17.
PO 00000
44281
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Thomas Martin or Jesse Montoya, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
19 See
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Order, 79 FR at 53694 n.17.
22JYN1
44282
Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3936 or (202) 482–8211,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on January 15, 2020.1 On May 6, 2020,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now July 15,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II 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 https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are 4th Tier Cigarettes
from Korea. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
jbell on DSKJLSW7X2PROD with NOTICES
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
1 See 4th Tier Cigarettes From the Republic of
Korea: Initiation of Less-Than-Fair-Value
Investigation, 85 FR 2390 (January 15, 2020)
(Initiation Notice).
2 See 4th Tier Cigarettes from the Republic of
Korea: Postponement of Preliminary Determination
in the Less-Than-Fair-Value Investigation, 85 FR
27991 (May 12, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of 4th Tier Cigarettes from
the Republic of Korea,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR at 2391.
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investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is not preliminarily
modifying the scope language as it
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731of the Act. Constructed export prices
have been calculated in accordance with
section 772(b) of the Act. Normal value
is calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances do not exist for KT&G
Corporation, or for ‘‘all others.’’ For a
full description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for KT&G Corporation, the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for KT&G Corporation is the
6 See Memorandum, ‘‘Polyethylene Terephthalate
Sheet from the Republic of Korea: Preliminary
Scope Decision Memorandum,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
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Fmt 4703
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margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
KT&G Corporation
All Others ..............
Estimated
weightedaverage
dumping
margin
(percent)
5.48
5.48
Cash
deposit
rate
(percent)
5.48
5.48
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 21 days after
the date of publication of the
E:\FR\FM\22JYN1.SGM
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
preliminary determination, unless
Commerce alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation 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, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
An electronically filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.8
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
subject imports are materially injuring,
or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is certain tobacco cigarettes,
commonly referred to as ‘‘4th tier cigarettes.’’
The subject cigarettes are composed of a
tobacco blend rolled in paper, have a
nominal minimum total length of 7.0 cm but
do not exceed 12.0 cm in total nominal
length, and have a nominal diameter of less
than 1.3 cm. These sizes of cigarettes are
frequently referred to as ‘‘Kings’’ and
‘‘100’s,’’ but subject merchandise that meets
the physical description of the scope is
included regardless of the marketing
description of the size of the cigarettes.
Subject merchandise typically has a tobacco
blend that consists of 10% or more tobacco
stems.
Subject merchandise is typically sold in
packs of 20 cigarettes per pack which
generally includes the marking ‘‘20 Class A
Cigarettes’’ but are included regardless of
packaging. 4th tier cigarette packages are
typically sold in boxes without a rounded
internal corner and without embossed
aluminum foil inside the pack.
Both menthol and non-menthol cigarettes
and cigarettes with or without a filter
attached are covered by the scope of this
investigation.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheading 2402.20.8000. This HTSUS
subheading is provided for convenience and
customs purposes; the written description of
the scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Negative Preliminary Determination of
Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020–15841 Filed 7–21–20; 8:45 am]
7 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See Temporary Rule.
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BILLING CODE 3510–DS–P
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44283
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV). Additionally, Commerce
preliminarily determines that a
company for which we initiated a
review had no shipments during the
period of review (POR). Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, 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) 482–4682 or (202) 482–3693,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on certain carbon
and alloy steel cut-to-length plate from
Italy.1 This review covers seven
producers and/or exporters of the
subject merchandise. Commerce
selected two companies, NLMK Verona
SpA (NVR) and Officine Tecnosider
s.r.l. (OTS), for individual examination.
The producers and/or exporters not
selected for individual examination are
listed in the ‘‘Preliminary Results of the
Review’’ section of this notice.
On January 9, 2020, Commerce
extended the preliminary results of this
review by 119 days, until May 29,
2020.2 On April 24, 2020, Commerce
tolled all deadlines in administrative
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019).
2 See Memorandum, ‘‘Carbon and Alloy Steel Cutto-Length Plate from Italy: Extension of Deadline for
Preliminary Results of 2018–2019 Antidumping
Duty Administrative Review,’’ dated January 9,
2020.
E:\FR\FM\22JYN1.SGM
22JYN1
]]>Agencies
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44281-44283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15841]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-905]
4th Tier Cigarettes From the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, and
Preliminary Negative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that 4th Tier Cigarettes from the Republic of Korea (Korea) are being,
or are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is October 1, 2018 through
September 30, 2019. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Jesse Montoya, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
[[Page 44282]]
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-8211,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on January 15,
2020.\1\ On May 6, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
July 15, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See 4th Tier Cigarettes From the Republic of Korea:
Initiation of Less-Than-Fair-Value Investigation, 85 FR 2390
(January 15, 2020) (Initiation Notice).
\2\ See 4th Tier Cigarettes from the Republic of Korea:
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 85 FR 27991 (May 12, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of 4th Tier
Cigarettes from the Republic of Korea,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The products covered by this investigation are 4th Tier Cigarettes
from Korea. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 2391.
\6\ See Memorandum, ``Polyethylene Terephthalate Sheet from the
Republic of Korea: Preliminary Scope Decision Memorandum,'' dated
concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for KT&G Corporation, or for ``all others.'' For a full description of
the methodology and results of Commerce's critical circumstances
analysis, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for KT&G Corporation, the only individually examined
exporter/producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for KT&G Corporation is the margin assigned to all
other producers and exporters, pursuant to section 735(c)(5)(A) of the
Act
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted- Cash
average deposit
Exporter/producer dumping rate
margin (percent)
(percent)
------------------------------------------------------------------------
KT&G Corporation................................ 5.48 5.48
All Others...................................... 5.48 5.48
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 21
days after the date of publication of the
[[Page 44283]]
preliminary determination, unless Commerce alters the time limit.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation 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.
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\7\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing
requirements); see also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
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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, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\8\
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\8\ See Temporary Rule.
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether subject imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: July 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is certain tobacco
cigarettes, commonly referred to as ``4th tier cigarettes.'' The
subject cigarettes are composed of a tobacco blend rolled in paper,
have a nominal minimum total length of 7.0 cm but do not exceed 12.0
cm in total nominal length, and have a nominal diameter of less than
1.3 cm. These sizes of cigarettes are frequently referred to as
``Kings'' and ``100's,'' but subject merchandise that meets the
physical description of the scope is included regardless of the
marketing description of the size of the cigarettes. Subject
merchandise typically has a tobacco blend that consists of 10% or
more tobacco stems.
Subject merchandise is typically sold in packs of 20 cigarettes
per pack which generally includes the marking ``20 Class A
Cigarettes'' but are included regardless of packaging. 4th tier
cigarette packages are typically sold in boxes without a rounded
internal corner and without embossed aluminum foil inside the pack.
Both menthol and non-menthol cigarettes and cigarettes with or
without a filter attached are covered by the scope of this
investigation.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheading 2402.20.8000. This HTSUS subheading is
provided for convenience and customs purposes; the written
description of the scope of the investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Negative Preliminary Determination of Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020-15841 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-DS-P
