Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof, From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 54672-54674 [2022-19310]
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
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lotter on DSK11XQN23PROD with NOTICES1
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[FR Doc. 2022–19237 Filed 9–6–22; 8:45 am]
BILLING CODE 3510–GT–P
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[FR Doc. 2022–19268 Filed 9–6–22; 8:45 am]
BILLING CODE P
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[A–570–124; C–570–125]
Certain Vertical Shaft Engines Between
99cc and Up to 225cc, and Parts
Thereof, From the People’s Republic of
China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that vertical shaft engines
with displacements between 60cc and
up to 99cc produced in the People’s
Republic of China (China) and exported
to the United States, are circumventing
the antidumping duty (AD) and
countervailing duty (CVD) orders on
certain vertical shaft engines between
99cc and up to 225cc, and parts thereof
(small vertical engines), from China.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2185.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 4, 2021, the Department of
Commerce (Commerce) published AD
and CVD orders on small vertical
engines from China.1 On September 17,
2021, in response to a request from
Briggs & Stratton, LLC (the petitioner),2
Commerce initiated a circumvention
inquiry to determine whether imports of
engines with displacements between
60cc and up to 99cc produced in China
and exported to the United States are
‘‘altered in form or appearance in minor
respects’’ from in-scope merchandise
such that they should be considered
subject to the Orders.3 For a complete
1 See Certain Vertical Shaft Engines Between 99cc
and Up to 225cc, and Parts Thereof from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
2 See Petitioner’s Letter, ‘‘Request for AntiCircumvention Inquiry Pursuant to Section 781(c)
and/or Section 781(d) of the Tariff Act of 1930,’’
dated July 30, 2021.
3 See Certain Vertical Shaft Engines Between 99cc
and up to 225cc, and Parts Thereof, from the
People’s Republic of China: Initiation of Anti-
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
description of events that followed
initiation of this inquiry, see the
Preliminary Decision Memorandum.4
Scope of the Orders
The merchandise subject to the
Orders is small vertical engines from
China. For a complete description of the
scope of the Orders, see the Preliminary
Decision Memorandum.
Scope of the Circumvention Inquiry
This circumvention inquiry covers
small vertical engines with
displacements between 60cc and up to
99cc produced in China and exported to
the United States.
Statutory and Regulatory Framework
lotter on DSK11XQN23PROD with NOTICES1
Section 781(c) of the Tariff Act of
1930, as amended (the Act), provides
that Commerce may find circumvention
of an AD or CVD order when
merchandise of the same class or kind
as subject merchandise has been
‘‘altered in form or appearance in minor
respects . . . whether or not included in
the same tariff classification.’’ Section
781(c)(2) of the Act provides an
exception that ‘‘{p}aragraph 1 shall not
apply with respect to altered
merchandise if the administering
authority determines that it would be
unnecessary to consider the altered
merchandise within the scope of the
{order}.’’
While the Act is silent as to what
factors to consider in determining
whether alterations are properly
considered ‘‘minor,’’ the legislative
history of this provision indicates that
there are certain factors that should be
considered before reaching a
circumvention determination. In
conducting a circumvention inquiry
under section 781(c) of the Act,
Commerce has generally relied upon
‘‘such criteria as the overall physical
characteristics of the merchandise, the
expectations of the ultimate users, the
use of the merchandise, the channels of
marketing and the cost of any
modification relative to the total value
of the imported products.’’ 5 Concerning
the allegation of minor alteration under
section 781(c) of the Act and 19 CFR
Circumvention Inquiry of Antidumping and
Countervailing Duty Orders—60cc up to 99cc
Engines; 86 FR 51866 (September 17, 2021)
(Initiation Notice), and accompanying Issues and
Decision Memorandum.
4 See Memorandum, ‘‘Preliminary Decision
Memorandum for the Circumvention Inquiry,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Initiation of Anti-Circumvention
Inquiry of Antidumping Duty Order, 83 FR 5405
(February 7, 2018) (citing S. Rep. No. 71, 100th
Cong., 1st Sess. 100 (1987)).
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351.225(i), Commerce examines such
factors as: (1) overall physical
characteristics; (2) expectations of
ultimate users; (3) use of merchandise;
(4) channels of marketing; and (5) cost
of any modification relative to the value
of the imported products.6 Each inquiry
is highly dependent on the facts on the
record and must be analyzed in light of
those specific facts.7 Thus, along with
the five factors enumerated above,
Commerce may also consider the
circumstances under which the
products enter the United States,
including, but not limited to, the timing
of the entries and the quantity of
merchandise entered during the
circumvention review period.8
Preliminary Determination
We preliminarily determine that small
vertical engines with displacements
between 60cc and up to 99cc and
engines with displacements of 99cc up
to 225cc are not dissimilar in terms of
overall physical characteristics of the
merchandise, the expectations of the
ultimate users, the use of the
merchandise, channels of marketing,
and the timing and circumstances under
which the Zongshen Companies
exported the engines with
displacements between 60cc and up to
99cc.9 Because we find that the
6 Id.; see also Deacero S.A. de C.V. v. United
States, 817 F.3d 1332 (Fed. Cir. 2016).
7 See, e.g., Certain Uncoated Paper from
Australia, Brazil, the People’s Republic of China,
Indonesia, and Portugal: Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 82
FR 26778 (June 9, 2017), and accompanying
Preliminary Decision Memorandum, at ‘‘IV.
Statutory and Regulatory Framework.’’
8 Id.; see also, e.g., Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-to-Length
Steel Plate from the People’s Republic of China, 74
FR 33991, 33992–93 (July 14, 2009); Brass Sheet
and Strip from West Germany; Negative Preliminary
Determination of Circumvention of Antidumping
Duty Order, 55 FR 32655 (August 10, 1990),
unchanged in Brass Sheet and Strip from Germany;
Negative Final Determination of Circumvention of
Antidumping Duty Order, 56 FR 65884 (December
19, 1991); and Small Diameter Graphite Electrodes
from the People’s Republic of China: Initiation of
Anticircumvention Inquiry, 77 FR 37873 (June 25,
2012).
9 In the less-than-fair-value investigation,
Commerce found that Chongqing Zongshen General
Power Machine Co., Ltd.; Chongqing Dajiang Power
Equipment Co., Ltd.; and Chongqing Zongshen
Power Machinery Co., Ltd. (collectively, the
Zongshen Companies) should be treated as a single
entity. See Certain Vertical Shaft Engines Between
99cc and Up to 225cc, and Parts Thereof, from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
and Preliminary Affirmative Determination of
Critical Circumstances, in Part, 85 FR 66932
(October 21, 2020), unchanged in Certain Vertical
Shaft Engines Between 99cc and Up To 225cc, and
Parts Thereof, from the People’s Republic of China:
Final Affirmative Determination of Sales at Less
Than Fair Value and Final Affirmative
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54673
merchandise subject to this inquiry is
not dissimilar to subject merchandise,
we preliminarily determine that the
engines at issue constitute merchandise
‘‘altered in form or appearance in minor
respects’’ from in-scope merchandise,
within the meaning of section 781(c)(1)
of the Act. Also, we preliminarily
determine that the affirmative
circumvention finding should be
applied on a countrywide basis.
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
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of the topics discussed in the
Preliminary Decision Memorandum is
attached at the appendix to this notice.
Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(2), we will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of small vertical
engines between 60cc and up to 99cc
produced in China and exported to the
United States that are entered, or
withdrawn from warehouse, for
consumption on or after September 17,
2021 (i.e., the date of the initiation of
this inquiry).10 Pursuant to 19 CFR
351.225(l)(2), we will also instruct CBP
to require cash deposits of estimated
duties equal to the AD and CVD rates in
effect for small vertical engines for each
unliquidated entry of small vertical
engines between 60cc and up to 99cc
produced in China and exported to the
United States that are entered, or
withdrawn from warehouse, for
consumption on or after September 17,
2021. The suspension of liquidation
instructions will remain in effect until
further notice.
Public Comment
Interested parties are invited to
comment on this preliminary
determination of circumvention and
may submit case briefs and/or written
comments within 14 days of the
Determination of Critical Circumstances in Part, 86
FR 14077 (March 12, 2021). Absent information to
the contrary, we continue to treat the Zongshen
Companies as a single entity for the purposes of this
inquiry.
10 See Initiation Notice.
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Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
publication of this notice.11 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date on which the
case briefs are due.12 Parties who submit
case briefs of rebuttal briefs in this
inquiry 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.13 Case and rebuttal briefs
should be filed electronically via
ACCESS.14 Note that Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15
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
and received successfully in its entirety
via ACCESS by 5:00 p.m. Eastern Time
within 14 days after the date of
publication of this notice.16 Hearing
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 briefs. If a request
for a hearing is made, parties will be
notified of the date and time for the
hearing at a later date.
Postponement of Final Determination
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Section 781(f) of the Act provides
that, to the maximum extent practicable,
Commerce shall make its circumvention
determinations within 300 days from
the date of initiation of the inquiry. On
July 14, 2022, we extended the final
determination until August 25, 2022.17
We determine that it is not practicable
to make a final determination in this
circumvention inquiry by the current
deadline of August 25, 2022, because
Commerce will require additional time
to review and analyze case and rebuttal
briefs. Therefore, we are extending the
time period for issuing the final
determination in this inquiry by 103
days, to December 6, 2022.
11 Commerce is exercising its discretion, under 19
CFR 351.309(c)(1)(ii), to alter the time limit for
filing of case briefs.
12 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.310(c).
17 See Memorandum, ‘‘Extension of AntiCircumvention Final Determination,’’ dated July 14,
2022.
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Notification to Interested Parties
This affirmative preliminary
circumvention determination is in
accordance with section 781(c) of the
Act and 19 CFR 351.225(i).
Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Statutory and Regulatory Framework
VI. Use of Facts Available With an Adverse
Inference
VII. Allegation of Circumvention
VIII. Analysis
IX. Preliminary Affirmative Determination of
Circumvention
X. Country-Wide Circumvention Finding
XI. Recommendation
[FR Doc. 2022–19310 Filed 9–6–22; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
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]]>Agencies
[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54672-54674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19310]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-124; C-570-125]
Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and
Parts Thereof, From the People's Republic of China: Affirmative
Preliminary Determination of Circumvention of the Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that vertical shaft engines with displacements between 60cc
and up to 99cc produced in the People's Republic of China (China) and
exported to the United States, are circumventing the antidumping duty
(AD) and countervailing duty (CVD) orders on certain vertical shaft
engines between 99cc and up to 225cc, and parts thereof (small vertical
engines), from China. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 7, 2022.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Luberda, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2185.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2021, the Department of Commerce (Commerce) published AD
and CVD orders on small vertical engines from China.\1\ On September
17, 2021, in response to a request from Briggs & Stratton, LLC (the
petitioner),\2\ Commerce initiated a circumvention inquiry to determine
whether imports of engines with displacements between 60cc and up to
99cc produced in China and exported to the United States are ``altered
in form or appearance in minor respects'' from in-scope merchandise
such that they should be considered subject to the Orders.\3\ For a
complete
[[Page 54673]]
description of events that followed initiation of this inquiry, see the
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Certain Vertical Shaft Engines Between 99cc and Up to
225cc, and Parts Thereof from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
\2\ See Petitioner's Letter, ``Request for Anti-Circumvention
Inquiry Pursuant to Section 781(c) and/or Section 781(d) of the
Tariff Act of 1930,'' dated July 30, 2021.
\3\ See Certain Vertical Shaft Engines Between 99cc and up to
225cc, and Parts Thereof, from the People's Republic of China:
Initiation of Anti-Circumvention Inquiry of Antidumping and
Countervailing Duty Orders--60cc up to 99cc Engines; 86 FR 51866
(September 17, 2021) (Initiation Notice), and accompanying Issues
and Decision Memorandum.
\4\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is small vertical engines
from China. For a complete description of the scope of the Orders, see
the Preliminary Decision Memorandum.
Scope of the Circumvention Inquiry
This circumvention inquiry covers small vertical engines with
displacements between 60cc and up to 99cc produced in China and
exported to the United States.
Statutory and Regulatory Framework
Section 781(c) of the Tariff Act of 1930, as amended (the Act),
provides that Commerce may find circumvention of an AD or CVD order
when merchandise of the same class or kind as subject merchandise has
been ``altered in form or appearance in minor respects . . . whether or
not included in the same tariff classification.'' Section 781(c)(2) of
the Act provides an exception that ``{p{time} aragraph 1 shall not
apply with respect to altered merchandise if the administering
authority determines that it would be unnecessary to consider the
altered merchandise within the scope of the {order{time} .''
While the Act is silent as to what factors to consider in
determining whether alterations are properly considered ``minor,'' the
legislative history of this provision indicates that there are certain
factors that should be considered before reaching a circumvention
determination. In conducting a circumvention inquiry under section
781(c) of the Act, Commerce has generally relied upon ``such criteria
as the overall physical characteristics of the merchandise, the
expectations of the ultimate users, the use of the merchandise, the
channels of marketing and the cost of any modification relative to the
total value of the imported products.'' \5\ Concerning the allegation
of minor alteration under section 781(c) of the Act and 19 CFR
351.225(i), Commerce examines such factors as: (1) overall physical
characteristics; (2) expectations of ultimate users; (3) use of
merchandise; (4) channels of marketing; and (5) cost of any
modification relative to the value of the imported products.\6\ Each
inquiry is highly dependent on the facts on the record and must be
analyzed in light of those specific facts.\7\ Thus, along with the five
factors enumerated above, Commerce may also consider the circumstances
under which the products enter the United States, including, but not
limited to, the timing of the entries and the quantity of merchandise
entered during the circumvention review period.\8\
---------------------------------------------------------------------------
\5\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order,
83 FR 5405 (February 7, 2018) (citing S. Rep. No. 71, 100th Cong.,
1st Sess. 100 (1987)).
\6\ Id.; see also Deacero S.A. de C.V. v. United States, 817
F.3d 1332 (Fed. Cir. 2016).
\7\ See, e.g., Certain Uncoated Paper from Australia, Brazil,
the People's Republic of China, Indonesia, and Portugal: Affirmative
Preliminary Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 26778 (June 9, 2017), and
accompanying Preliminary Decision Memorandum, at ``IV. Statutory and
Regulatory Framework.''
\8\ Id.; see also, e.g., Affirmative Preliminary Determination
of Circumvention of the Antidumping Duty Order on Certain Cut-to-
Length Steel Plate from the People's Republic of China, 74 FR 33991,
33992-93 (July 14, 2009); Brass Sheet and Strip from West Germany;
Negative Preliminary Determination of Circumvention of Antidumping
Duty Order, 55 FR 32655 (August 10, 1990), unchanged in Brass Sheet
and Strip from Germany; Negative Final Determination of
Circumvention of Antidumping Duty Order, 56 FR 65884 (December 19,
1991); and Small Diameter Graphite Electrodes from the People's
Republic of China: Initiation of Anticircumvention Inquiry, 77 FR
37873 (June 25, 2012).
---------------------------------------------------------------------------
Preliminary Determination
We preliminarily determine that small vertical engines with
displacements between 60cc and up to 99cc and engines with
displacements of 99cc up to 225cc are not dissimilar in terms of
overall physical characteristics of the merchandise, the expectations
of the ultimate users, the use of the merchandise, channels of
marketing, and the timing and circumstances under which the Zongshen
Companies exported the engines with displacements between 60cc and up
to 99cc.\9\ Because we find that the merchandise subject to this
inquiry is not dissimilar to subject merchandise, we preliminarily
determine that the engines at issue constitute merchandise ``altered in
form or appearance in minor respects'' from in-scope merchandise,
within the meaning of section 781(c)(1) of the Act. Also, we
preliminarily determine that the affirmative circumvention finding
should be applied on a countrywide basis.
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\9\ In the less-than-fair-value investigation, Commerce found
that Chongqing Zongshen General Power Machine Co., Ltd.; Chongqing
Dajiang Power Equipment Co., Ltd.; and Chongqing Zongshen Power
Machinery Co., Ltd. (collectively, the Zongshen Companies) should be
treated as a single entity. See Certain Vertical Shaft Engines
Between 99cc and Up to 225cc, and Parts Thereof, from the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, and Preliminary Affirmative Determination of
Critical Circumstances, in Part, 85 FR 66932 (October 21, 2020),
unchanged in Certain Vertical Shaft Engines Between 99cc and Up To
225cc, and Parts Thereof, from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances in Part, 86 FR
14077 (March 12, 2021). Absent information to the contrary, we
continue to treat the Zongshen Companies as a single entity for the
purposes of this inquiry.
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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 directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
at the appendix to this notice.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), we will direct U.S.
Customs and Border Protection (CBP) to suspend liquidation of small
vertical engines between 60cc and up to 99cc produced in China and
exported to the United States that are entered, or withdrawn from
warehouse, for consumption on or after September 17, 2021 (i.e., the
date of the initiation of this inquiry).\10\ Pursuant to 19 CFR
351.225(l)(2), we will also instruct CBP to require cash deposits of
estimated duties equal to the AD and CVD rates in effect for small
vertical engines for each unliquidated entry of small vertical engines
between 60cc and up to 99cc produced in China and exported to the
United States that are entered, or withdrawn from warehouse, for
consumption on or after September 17, 2021. The suspension of
liquidation instructions will remain in effect until further notice.
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\10\ See Initiation Notice.
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Public Comment
Interested parties are invited to comment on this preliminary
determination of circumvention and may submit case briefs and/or
written comments within 14 days of the
[[Page 54674]]
publication of this notice.\11\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the date on which the case briefs are due.\12\ Parties who submit case
briefs of rebuttal briefs in this inquiry 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.\13\ Case and rebuttal briefs
should be filed electronically via ACCESS.\14\ Note that Commerce has
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\15\
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\11\ Commerce is exercising its discretion, under 19 CFR
351.309(c)(1)(ii), to alter the time limit for filing of case
briefs.
\12\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\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, filed electronically and
received successfully in its entirety via ACCESS by 5:00 p.m. Eastern
Time within 14 days after the date of publication of this notice.\16\
Hearing 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 briefs. If a request for a hearing is made,
parties will be notified of the date and time for the hearing at a
later date.
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\16\ See 19 CFR 351.310(c).
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Postponement of Final Determination
Section 781(f) of the Act provides that, to the maximum extent
practicable, Commerce shall make its circumvention determinations
within 300 days from the date of initiation of the inquiry. On July 14,
2022, we extended the final determination until August 25, 2022.\17\ We
determine that it is not practicable to make a final determination in
this circumvention inquiry by the current deadline of August 25, 2022,
because Commerce will require additional time to review and analyze
case and rebuttal briefs. Therefore, we are extending the time period
for issuing the final determination in this inquiry by 103 days, to
December 6, 2022.
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\17\ See Memorandum, ``Extension of Anti-Circumvention Final
Determination,'' dated July 14, 2022.
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Notification to Interested Parties
This affirmative preliminary circumvention determination is in
accordance with section 781(c) of the Act and 19 CFR 351.225(i).
Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Statutory and Regulatory Framework
VI. Use of Facts Available With an Adverse Inference
VII. Allegation of Circumvention
VIII. Analysis
IX. Preliminary Affirmative Determination of Circumvention
X. Country-Wide Circumvention Finding
XI. Recommendation
[FR Doc. 2022-19310 Filed 9-6-22; 8:45 am]
BILLING CODE 3510-DS-P
