Initiation of Five-Year (Sunset) Reviews, 59779-59780 [2022-21419]

Download as PDF Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Notices Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6274. SUPPLEMENTARY INFORMATION: Background On October 9, 2020, Commerce published its Final Results in the 2017 CVD administrative review of HRS from Korea. In the Final Results, Commerce, after examining the information on the record, found that Hyundai Steel received additional benefits from certain other fees under the Port of Incheon program (i.e., harbor exclusive usage fee(s)) that are measurable.1 We found that, because necessary information was not available on the record with respect to these fees, it was appropriate to calculate the benefit from them based on facts available, pursuant to section 776(a)(1) of the Tariff Act of 1930, as amended (the Act). Commerce computed a 0.06 percent ad valorem subsidy rate for the provision of port usage rights at the Port of Incheon program. Hyundai Steel appealed Commerce’s Final Results. On August 27, 2021, the CIT remanded the Final Results to Commerce to reconsider our application of facts available and, if appropriate, the rate assigned to Hyundai Steel.2 In its final remand redetermination, issued in October 2021, Commerce recalculated the benefit amount Hyundai Steel received under the provision of port usage rights at the Port of Incheon program. As a result of our redetermination, we find that Hyundai Steel’s overall subsidy rate for the POR is de minimis.3 The CIT sustained Commerce’s final redetermination.4 lotter on DSK11XQN23PROD with NOTICES1 Timken Notice In its decision in Timken,5 as clarified by Diamond Sawblades,6 the U.S. Court 1 See Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 2017, 85 FR 64122 (October 9, 2020) (Final Results), and accompanying Issues and Decision Memorandum, at Comment 6. 2 See Hyundai Steel Company v. United States, Court No. 20–03799, Slip Opinion 21–112 at 6–7 (CIT August 27, 2021). 3 See Final Results of Redetermination Pursuant to Court Remand, Hyundai Steel Company v. United States, Court No. 20–03799, Slip Op. 21–112 (CIT August 27, 2021), dated October 20, 2021, available at https://access.trade.gov/resources/ remands/21-122.pdf. 4 See Hyundai Steel Company v. United States, Court No. 20–03799, Slip Opinion 22–109 at 10 (CIT September 19, 2022). 5 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 6 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 19:00 Sep 30, 2022 Jkt 259001 of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 19, 2022, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. 59779 minimis,8 we will instruct CBP to liquidate the appropriate entries without regard to CVDs. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: September 27, 2022. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–21364 Filed 9–30–22; 8:45 am] BILLING CODE 3510–DS–P Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Hyundai Steel as follows: Subsidy rate (percent ad valorem) Company Hyundai Steel Company 7 .... 0.46 * * (de minimis) Cash Deposit Requirements Because Hyundai Steel has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries of HRS from Korea that were produced and/or exported by Hyundai Steel Co., Ltd., (a/k/a Hyundai Steel Company), that were the subject of Commerce’s Final Results that were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2017, through December 31, 2017. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess CVDs on unliquidated entries of subject merchandise produced and/or exported by Hyundai Steel in accordance with 19 CFR 351.212(b). We will instruct CBP to assess CVDs on all appropriate entries covered by this review when the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de 7 This company is also known as Hyundai Steel Co., Ltd. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The International Trade Commission (the ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). AGENCY: DATES: Applicable October 3, 2022. FOR FURTHER INFORMATION CONTACT: Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. SUPPLEMENTARY INFORMATION: Background Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in 8 See E:\FR\FM\03OCN1.SGM 19 CFR 351.106(c)(2). 03OCN1 59780 Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Notices Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final DOC case No. A–570–831 A–570–972 A–583–848 A–588–850 A–588–851 A–485–805 ........ ........ ........ ........ ........ ........ lotter on DSK11XQN23PROD with NOTICES1 Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following antidumping and countervailing duty order(s) and suspended investigation(s): ITC case No. Country Product 731–TA–683 731–TA–1186 731–TA–1187 731–TA–847 731–TA–847 731–TA–849 China ................ China ................ Taiwan .............. Japan ................ Japan ................ Romania ........... Fresh Garlic (5th Review) ................................... Stilbenic OBAs (2nd Review) .............................. Stilbenic OBAs (5th Review) ............................... Large Diameter Seamless Pipe (4th Review) .... Small Diameter Seamless Pipe (4th Review) ..... Small Diameter Seamless Pipe (4th Review) ..... Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on Commerce’s website at the following address: https:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. In accordance with section 782(b) of the Act, any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. Parties must use the certification formats provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested VerDate Sep<11>2014 Modification, 77 FR 8101 (February 14, 2012). 19:00 Sep 30, 2022 Jkt 259001 Commerce contact parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.2 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 2 See 19 CFR 351.218(d)(1)(iii). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. Mary Kolberg, (202) 482–1785. set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: September 15, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–21419 Filed 9–30–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC384] Adjustment of Fees for Seafood Inspection Services National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a revised fee schedule for seafood inspection services. AGENCY: The NMFS Seafood Inspection Program is notifying program participants of a revised fee schedule. DATES: The revised fee schedule applies to services rendered as of November 1, 2022, until notified otherwise. FOR FURTHER INFORMATION CONTACT: Steven Wilson, Office of International Affairs, Trade, and Commerce, 301– 427–8350 or at steven.wilson@noaa.gov. SUMMARY: E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59779-59780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21419]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the Department of Commerce (Commerce) is automatically initiating 
the five-year reviews (Sunset Reviews) of the antidumping and 
countervailing duty (AD/CVD) order(s) and suspended investigation(s) 
listed below. The International Trade Commission (the ITC) is 
publishing concurrently with this notice its notice of Institution of 
Five-Year Reviews which covers the same order(s) and suspended 
investigation(s).

DATES: Applicable October 3, 2022.

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For 
information from the ITC, contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

SUPPLEMENTARY INFORMATION:

Background

    Commerce's procedures for the conduct of Sunset Reviews are set 
forth in its Procedures for Conducting Five-Year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or 
analytical issues relevant to Commerce's conduct of Sunset Reviews is 
set forth in

[[Page 59780]]

Antidumping Proceedings: Calculation of the Weighted-Average Dumping 
Margin and Assessment Rate in Certain Antidumping Duty Proceedings; 
Final Modification, 77 FR 8101 (February 14, 2012).

Initiation of Review

    In accordance with section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating the Sunset Reviews of the following antidumping and 
countervailing duty order(s) and suspended investigation(s):

----------------------------------------------------------------------------------------------------------------
       DOC case No.         ITC case No.            Country                  Product          Commerce contact
----------------------------------------------------------------------------------------------------------------
A-570-831................      731-TA-683  China....................  Fresh Garlic (5th     Jacky Arrowsmith,
                                                                       Review).              (202) 482-5255.
A-570-972................     731-TA-1186  China....................  Stilbenic OBAs (2nd   Mary Kolberg, (202)
                                                                       Review).              482-1785.
A-583-848................     731-TA-1187  Taiwan...................  Stilbenic OBAs (5th   Mary Kolberg, (202)
                                                                       Review).              482-1785.
A-588-850................      731-TA-847  Japan....................  Large Diameter        Mary Kolberg, (202)
                                                                       Seamless Pipe (4th    482-1785.
                                                                       Review).
A-588-851................      731-TA-847  Japan....................  Small Diameter        Mary Kolberg, (202)
                                                                       Seamless Pipe (4th    482-1785.
                                                                       Review).
A-485-805................      731-TA-849  Romania..................  Small Diameter        Mary Kolberg, (202)
                                                                       Seamless Pipe (4th    482-1785.
                                                                       Review).
----------------------------------------------------------------------------------------------------------------

Filing Information

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Commerce's 
regulations, Commerce's schedule for Sunset Reviews, a listing of past 
revocations and continuations, and current service lists, available to 
the public on Commerce's website at the following address: https://enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews 
must be filed in accordance with Commerce's regulations regarding 
format, translation, and service of documents. These rules, including 
electronic filing requirements via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS), can be found at 19 CFR 351.303.
    In accordance with section 782(b) of the Act, any party submitting 
factual information in an AD/CVD proceeding must certify to the 
accuracy and completeness of that information. Parties must use the 
certification formats provided in 19 CFR 351.303(g). Commerce intends 
to reject factual submissions if the submitting party does not comply 
with applicable revised certification requirements.

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), Commerce will maintain and make 
available a public service list for these proceedings. Parties wishing 
to participate in any of these five-year reviews must file letters of 
appearance as discussed at 19 CFR 351.103(d). To facilitate the timely 
preparation of the public service list, it is requested that those 
seeking recognition as interested parties to a proceeding submit an 
entry of appearance within 10 days of the publication of the Notice of 
Initiation. Because deadlines in Sunset Reviews can be very short, we 
urge interested parties who want access to proprietary information 
under administrative protective order (APO) to file an APO application 
immediately following publication in the Federal Register of this 
notice of initiation. Commerce's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\1\
---------------------------------------------------------------------------

    \1\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Information Required From Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to 
participate in a Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with Commerce's regulations, if we do 
not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, Commerce will 
automatically revoke the order without further review.\2\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, Commerce's regulations provide that 
all parties wishing to participate in a Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that Commerce's information requirements are distinct from 
the ITC 's information requirements. Consult Commerce's regulations for 
information regarding Commerce's conduct of Sunset Reviews. Consult 
Commerce's regulations at 19 CFR part 351 for definitions of terms and 
for other general information concerning antidumping and countervailing 
duty proceedings at Commerce.
    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: September 15, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-21419 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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