Forged Steel Fittings From Taiwan: Preliminary Intent To Rescind the Antidumping Duty Administrative Review; 2018-2019, 44503-44505 [2020-15986]
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
On June 12 and 16, 2020, pursuant to
19 CFR 351.210(e), Metalcam S.p.A and
Lucchini Mame´ Forge S.p.A. requested,
respectively, that Commerce postpone
the final determination and that
provisional measures be extended to a
period not to exceed six months.15 In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
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
imports of fluid end blocks from Italy
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 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Investigation
The products covered by this investigation
are forged steel fluid end blocks (fluid end
blocks), whether in finished or unfinished
form, and which are typically used in the
manufacture or service of hydraulic pumps.
The term ‘‘forged’’ is an industry term used
to describe the grain texture of steel resulting
from the application of localized compressive
force. Illustrative forging standards include,
15 See Metalcam S.p.A.’s Letter, ‘‘Antidumping
Duty Investigation of Forged Steel Fluid End Blocks
from Italy: Request to Postpone Final
Determination,’’ dated June 12, 2020; and Lucchini
Mame´ Forge S.p.A.’s Letter, ‘‘Antidumping Duty
Investigation of Forged Steel Fluid End Blocks from
Italy: Lucchini Mame´ Forge S.p.A. Request to
Postpone the Final Determination,’’ dated June 16,
2020.
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17:10 Jul 22, 2020
Jkt 250001
but are not limited to, American Society for
Testing and Materials (ASTM) specifications
A668 and A788.
For purposes of this investigation, the term
‘‘steel’’ denotes metal containing the
following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii)
nickel less than or equal to 8.5 percent; (iii)
copper less than or equal to 6 percent; (iv)
chromium greater than or equal to 0.4
percent, but less than or equal to 20 percent;
and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include,
but are not limited to, American Iron and
Steel Institute (AISI) or Society of
Automotive Engineers (SAE) grades 4130,
4135, 4140, 4320, 4330, 4340, 8630, 15–5,
17–4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by this investigation
are: (1) Cut-to-length fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) of 11
inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) up
to 360 inches (9,144.0 mm).
The products included in the scope of this
investigation have a tensile strength of at
least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140
HBW (measured in accordance with ASTM
E10).
A fluid end block may be imported in
finished condition (i.e., ready for
incorporation into a pump fluid end
assembly without further finishing
operations) or unfinished condition (i.e.,
forged but still requiring one or more
finishing operations before it is ready for
incorporation into a pump fluid end
assembly). Such finishing operations may
include: (1) Heat treating; (2) milling one or
more flat surfaces; (3) contour machining to
custom shapes or dimensions; (4) drilling or
boring holes; (5) threading holes; and/or (6)
painting, varnishing, or coating.
Excluded from the scope of this
investigation are fluid end block assemblies
which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and
packing nuts, (b) valves and related seats,
springs, seals, and cover nuts, and (c) a
discharge flange and related seals, and (2) are
otherwise ready to be mated with the ‘‘power
end’’ of a hydraulic pump without the need
for installation of any plunger, valve, or
discharge flange components, or any other
further manufacturing operations.
The products included in the scope of this
investigation may enter under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030,
7224.90.0015, 7224.90.0045, 7326.19.0010,
7326.90.8688, or 8413.91.9055. While these
HTSUS subheadings are provided for
PO 00000
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44503
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 Investigation
V. Application of Facts Available and Use of
Adverse Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–15915 Filed 7–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–863]
Forged Steel Fittings From Taiwan:
Preliminary Intent To Rescind the
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Both-Well Steel Fittings, Co., Ltd.
(Bothwell), the sole company under
review, did not have any reviewable
entries during the period of review
(POR) May 17, 2018 through August 31,
2019. Thus, Commerce is preliminarily
rescinding this review. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable July 23, 2020.
FOR FURTHER INFORMATION CONTACT:
George Ayache or Samuel Glickstein,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2623 or
(202) 482–5307, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the notice of
initiation of this review on November
12, 2019.1 On April 24, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days, thereby extending
the deadline for these preliminary
results until July 21, 2020.2 For a
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
complete discussion of the background
of this review, see the Preliminary
Decision Memorandum.3
Scope of the Order
The products covered by the scope of
this order are carbon and alloy forged
steel fittings, whether unfinished
(commonly known as blanks or rough
forgings) or finished. Such fittings are
made in a variety of shapes including,
but not limited to, elbows, tees, crosses,
laterals, couplings, reducers, caps,
plugs, bushings, unions, and outlets.
Forged steel fittings are covered
regardless of end finish, whether
threaded, socket-weld or other end
connections. The subject merchandise is
currently classifiable under item
numbers 7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.4
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see the
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
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
jbell on DSKJLSW7X2PROD with NOTICES
Preliminary Intent To Rescind
It is Commerce’s practice to rescind
an administrative review pursuant to 19
CFR 351.213(d)(3) when there are no
reviewable entries of subject
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Decision Memorandum for the Preliminary
Intent to Rescind the Antidumping Duty
Administrative Review of Forged Steel Fittings from
Taiwan; 2018–2019 (Preliminary Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
4 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
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17:10 Jul 22, 2020
Jkt 250001
merchandise during the POR subject to
the antidumping duty order and for
which liquidation is suspended.5 At the
end of the administrative review, the
suspended entries are liquidated at the
assessment rate computed for the review
period.6 Therefore, for an administrative
review to be conducted, there must be
a reviewable, suspended entry to be
liquidated at the newly calculated
assessment rate. As discussed in the
Preliminary Decision Memorandum, we
preliminarily find that, because all of
entries associated with Bothwell’s
reported sales of subject merchandise
during the POR were liquidated by U.S.
Customs and Border Protection (CBP),
Bothwell had no reviewable entries
during this POR. Accordingly, we
preliminarily intend to rescind this
review pursuant to 19 CFR
351.213(d)(3).
Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.7 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.8 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
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.
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s electronic records
system, ACCESS,10 and must also be
served on interested parties.11 An
electronically filed document must be
received successfully in its entirety on
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
ACCESS within 30 days of publication
5 See, e.g., Solid Fertilizer Grade Ammonium
Nitrate from the Russian Federation: Notice of
Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012).
6 See 19 CFR 351.212(b)(l).
7 See 19 CFR 351.309(c)(1)(ii).
8 See 19 CFR 351.309(d); 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).
9 See Temporary Rule.
10 See 19 CFR 351.303.
11 See 19 CFR 351.303(f).
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of this notice.12 Requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to issues raised
in the respective case and rebuttal
briefs. 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.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice.
Assessment Rates
If Commerce proceeds to a final
rescission of this administrative review,
the assessment rate for Bothwell’s
shipments will not be affected by this
review. If Commerce does not proceed
to a final rescission of this
administrative review, pursuant to 19
CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific)
assessment rates based on the final
results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final
rescission of this administrative review,
Bothwell’s cash deposit rate will
continue to 116.17 percent, its final rate
from the investigation. If Commerce
does not proceed to a final rescission of
this administrative review, but
calculates a dumping margin for
Bothwell, we will instruct CBP to
collect a cash deposit, effective upon the
date of publication of the final results,
at the dumping rate calculated for
Bothwell.
Notification to Importers
This notice serves as a 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.
12 See
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19 CFR 351.310(c).
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Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Notices
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(l) and 777(i)(l) of the
Act, and 19 CFR 351.221(b)(4).
Dated: July 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Status of Bothwell’s Sales
V. Recommendation
[FR Doc. 2020–15986 Filed 7–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
phosphate fertilizers from the Kingdom
of Morocco (Morocco) and the Russian
Federation (Russia), filed in proper form
on behalf of The Mosaic Company (the
petitioner), a domestic producer of
phosphate fertilizers.1
Between June 30 and July 1, 2020,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.2 The petitioner filed
responses to these requests between July
2 and 6, 2020.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of Morocco (GOM) and the
Government of Russia (GOR) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
phosphate fertilizers in Morocco and
Russia, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing phosphate fertilizers in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petitions were
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
International Trade Administration
[C–714–001, C–821–825]
Phosphate Fertilizers From the
Kingdom of Morocco and the Russian
Federation: Initiation of Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 16, 2020.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer (Morocco) or George
Ayache (Russia), AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–2623,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
The Petitions
On June 26, 2020, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of
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17:10 Jul 22, 2020
Jkt 250001
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Countervailing Duties: Phosphate
Fertilizers from Morocco and Russia,’’ dated June
26, 2020 (the Petitions).
2 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Countervailing Duties on Phosphate
Fertilizers from Morocco and Russia: Supplemental
Questions,’’ dated July 1, 2020 (General Issues
Questionnaire); Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Phosphate
Fertilizers from Morocco: Supplemental
Questions,’’ dated June 30, 2020; and Commerce’s
Letter, ‘‘Petition for the Imposition of
Countervailing Duties on Phosphate Fertilizers from
Russia: Supplemental Questions,’’ dated June 30,
2020.
3 See Petitioner’s Letter, ‘‘Phosphate Fertilizers
from Morocco: Response to the Department’s
Supplemental Questions Concerning the Petition
for the Imposition of Countervailing Duties on
Imports of Phosphate Fertilizers from Morocco,’’
dated July 2, 2020 (Morocco Supplement);
Petitioner’s Letter, ‘‘Phosphate Fertilizers from
Russia: Response to the Department’s Supplemental
Questions Concerning the Petition for the
Imposition of Countervailing Duties on Imports of
Phosphate Fertilizers from Russia,’’ dated July 2,
2020 (Russia Supplement); and Petitioner’s Letter,
‘‘Phosphate Fertilizers from Morocco and Russia:
Response to the Department’s Supplemental
Questions on General Issues Concerning the
Petitions for the Imposition of Countervailing
Duties on Imports of Phosphate Fertilizers from
Morocco and Russia,’’ dated July 6, 2020 (General
Issues Supplement).
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44505
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigations.4
Period of Investigation
Because the Petitions were filed on
June 26, 2020, the period of
investigation (POI) is January 1, 2019
through December 31, 2019.5
Scope of the Investigations
The merchandise covered by these
investigations are phosphate fertilizers
from Morocco and Russia. For a full
description of the scope of these
investigations, see the Appendix to this
notice.
Comments on Scope of the
Investigations
On July 1, 2020, Commerce requested
further information from the petitioner
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.6 On July 6, 2020, the
petitioner revised the scope.7 The
description of the merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).8 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on August 5,
2020, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 17, 2020, which
is the next business day 10 after 10
4 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
5 See 19 CFR 351.204(b)(2).
6 See General Issues Questionnaire.
7 See General Issues Supplement at 11–13.
8 See Countervailing Duties, 62 FR 27323 (May
19, 1997) (Preamble).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 In this case, 10 days after the initial comment
deadline falls on August 15, 2020, a Saturday.
Where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
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]]>Agencies
[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44503-44505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-863]
Forged Steel Fittings From Taiwan: Preliminary Intent To Rescind
the Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Both-Well Steel Fittings, Co., Ltd. (Bothwell), the sole company
under review, did not have any reviewable entries during the period of
review (POR) May 17, 2018 through August 31, 2019. Thus, Commerce is
preliminarily rescinding this review. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 23, 2020.
FOR FURTHER INFORMATION CONTACT: George Ayache or Samuel Glickstein,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2623
or (202) 482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this review on
November 12, 2019.\1\ On April 24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days, thereby extending the deadline
for these preliminary results until July 21, 2020.\2\ For a
[[Page 44504]]
complete discussion of the background of this review, see the
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Decision Memorandum for the Preliminary Intent to
Rescind the Antidumping Duty Administrative Review of Forged Steel
Fittings from Taiwan; 2018-2019 (Preliminary Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this order are carbon and
alloy forged steel fittings, whether unfinished (commonly known as
blanks or rough forgings) or finished. Such fittings are made in a
variety of shapes including, but not limited to, elbows, tees, crosses,
laterals, couplings, reducers, caps, plugs, bushings, unions, and
outlets. Forged steel fittings are covered regardless of end finish,
whether threaded, socket-weld or other end connections. The subject
merchandise is currently classifiable under item numbers 7307.99.1000,
7307.99.3000, 7307.99.5045, and 7307.99.5060 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our conclusions,
see the 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 at
https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
Preliminary Intent To Rescind
It is Commerce's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR subject to the antidumping duty
order and for which liquidation is suspended.\5\ At the end of the
administrative review, the suspended entries are liquidated at the
assessment rate computed for the review period.\6\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate. As discussed in the Preliminary Decision Memorandum, we
preliminarily find that, because all of entries associated with
Bothwell's reported sales of subject merchandise during the POR were
liquidated by U.S. Customs and Border Protection (CBP), Bothwell had no
reviewable entries during this POR. Accordingly, we preliminarily
intend to rescind this review pursuant to 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\5\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012).
\6\ See 19 CFR 351.212(b)(l).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\7\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\8\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\9\ 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.
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d); 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).
\9\ See Temporary Rule.
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\10\ and
must also be served on interested parties.\11\ An electronically filed
document must be received successfully in its entirety on ACCESS, by
5:00 p.m. Eastern Time on the date that the document is due.
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\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using ACCESS within 30 days of
publication of this notice.\12\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective case
and rebuttal briefs. 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.
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\12\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate for Bothwell's shipments will not be
affected by this review. If Commerce does not proceed to a final
rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Bothwell's cash deposit rate will continue to 116.17 percent,
its final rate from the investigation. If Commerce does not proceed to
a final rescission of this administrative review, but calculates a
dumping margin for Bothwell, we will instruct CBP to collect a cash
deposit, effective upon the date of publication of the final results,
at the dumping rate calculated for Bothwell.
Notification to Importers
This notice serves as a 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.
[[Page 44505]]
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Status of Bothwell's Sales
V. Recommendation
[FR Doc. 2020-15986 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P
