Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review in Part; 2020, 78045-78047 [2022-27688]
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
subject to antidumping/countervailing
duty (AD/CVD) orders if imported from
certain countries. The Board’s
regulations (15 CFR 400.14(e)) require
that merchandise subject to AD/CVD
orders, or items which would be
otherwise subject to suspension of
liquidation under AD/CVD procedures
if they entered U.S. customs territory, be
admitted to the zone in privileged
foreign (PF) status (19 CFR 146.41). The
request also indicates that certain
materials/components are subject to
duties under Section 232 of the Trade
Expansion Act of 1962 (Section 232) or
Section 301 of the Trade Act of 1974
(Section 301), depending on the country
of origin. The applicable Section 232
and Section 301 decisions require
subject merchandise to be admitted to
FTZs in PF status.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
January 30, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact Diane
Finver at Diane.Finver@trade.gov.
Dated: December 15, 2022.
Andrew McGilvray,
Executive Secretary.
BILLING CODE 3510–DS–P
[C–570–094]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review,
Rescission of Review in Part; 2020
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–61–2022]
Foreign-Trade Zone (FTZ) 61—San
Juan, Puerto Rico; Notification of
Proposed Production Activity,
Boehringer Ingelheim Animal Health
Puerto Rico LLC, (Pharmaceutical
Products/Canine), Barceloneta, Puerto
Rico
lotter on DSK11XQN23PROD with NOTICES1
[FR Doc. 2022–27690 Filed 12–20–22; 8:45 am]
International Trade Administration
BILLING CODE 3510–DS–P
Boehringer Ingelheim Animal Health
Puerto Rico LLC submitted a
notification of proposed production
activity to the FTZ Board (the Board) for
its facility in Barceloneta, Puerto Rico
within Subzone 61AC. The notification
conforming to the requirements of the
Board’s regulations (15 CFR 400.22) was
received on December 13, 2022.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific finished product(s)
described in the submitted notification
(summarized below) and subsequently
authorized by the Board. The benefits
19:56 Dec 20, 2022
Dated: December 15, 2022.
Andrew McGilvray,
Executive Secretary.
DEPARTMENT OF COMMERCE
[FR Doc. 2022–27691 Filed 12–20–22; 8:45 am]
VerDate Sep<11>2014
that may stem from conducting
production activity under FTZ
procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished product(s)
would be added to the production
authority that the Board previously
approved for the operation, as reflected
on the Board’s website.
The proposed finished products
include medicament that treats fleas and
ticks in finished (packaged) and semifinished (unpackaged) chewable tablets
for canines (duty rate is duty-free).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
January 30, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
Jkt 259001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of refillable stainless steel
kegs (kegs) from the People’s Republic
of China (China) received
countervailable subsidies during the
period of review (POR) from January 1,
2020, through December 31, 2020. In
addition, we are rescinding the review
with respect to 35 companies. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
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78045
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631.
Background
On February 4, 2022, Commerce
published the notice of initiation of an
administrative review of the
countervailing duty (CVD) order on kegs
from China.1 On August 1, 2022,
Commerce extended the deadline for the
preliminary results of this
administrative review by 105 days, until
December 16, 2022.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the order are
kegs. For a complete description of the
scope, see the Preliminary Decision
Memorandum.4
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, we preliminarily find
that there is a subsidy, (i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific).5 For a full description of the
methodology underlying our
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
6487 (February 4, 2022) (Initiation Notice).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2020,’’ dated August 1,
2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review, Rescission of Review in
Part, 2020: Refillable Stainless Steel Kegs from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 See Preliminary Decision Memorandum.
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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21DEN1
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
conclusions, including our reliance, in
part, on adverse facts available pursuant
to sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request with
respect to 37 companies from American
Keg Company (the petitioner).6 Of the
37 companies, two companies,
Guangzhou Jingye Machinery Co., Ltd.
(Jingye) and Guangzhou Ulix Industrial
& Trading Co., Ltd. (Ulix), filed requests
for review of themselves which were not
withdrawn.7 Because the withdrawal
request from the petitioner was timely
filed, and no other parties requested a
review of the other 35 companies, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of
the Order with respect to the 35
companies. For a complete list of the
companies, see Appendix to the
Preliminary Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Rate for Non-Selected
Companies Under Review
There are two companies, Jingye and
Ulix, for which a review was requested
and not rescinded, and which were not
selected as mandatory respondents or
found to be cross-owned with a
mandatory respondent. The statute and
Commerce’s regulations do not directly
address the establishment of rates to be
applied to companies not selected for
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the
preliminary rate calculated for Ningbo
6 See
Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated April 20, 2022.
7 See Ulix and Jingye’s Letter, ‘‘Request for
Administrative Review,’’ dated January 3, 2022.
VerDate Sep<11>2014
19:56 Dec 20, 2022
Jkt 259001
Master International Trade Co., Ltd.
(Ningbo Master), the sole mandatory
respondent, was not zero, de minimis,
or based entirely on facts available.
Therefore, for the companies for which
a review was requested that were not
selected as mandatory company
respondents, and for which Commerce
did not receive a timely request for
withdrawal of review, Commerce based
the preliminary subsidy rate on the
preliminary rate calculated for Ningbo
Master.
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, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
Preliminary Results of Review
entirety, by ACCESS by 5:00 p.m.
We preliminarily find the following
Eastern Time, within 30 days after the
net countervailable subsidy rates for the date of publication of this notice.
period January 1, 2020, through
Hearing requests should contain the
December 31, 2020, are as follows:
party’s name, address, and telephone
number, the number of participants,
Subsidy rate
whether any participant is a foreign
Manufacturer/exporter
(percent ad
national, and a list of the issues to be
valorem)
discussed. If a request for a hearing is
made, parties will be notified of the date
Ningbo Master International
Trade Co., Ltd 8 .................
5.13 and time for the hearing to be
determined.
Review-Specific Average Rate Applicable
Unless extended, we intend to issue
to the Following Companies 9
the final results of this administrative
review, which will include the results of
Guangzhou Jingye Machinery Co., Ltd .......................
5.13 our analysis of the issues raised in the
case briefs, within 120 days of
Guangzhou Ulix Industrial &
Trading Co., Ltd ................
5.13 publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
Disclosure and Public Comment
CFR 351.213(h).
We will disclose to parties in this
review, the calculations performed for
Cash Deposit Requirements
these preliminary results within five
Pursuant to section 751(a)(2)(C) of the
days after the date of publication of this Act, Commerce intends, upon
notice.10 Interested parties case briefs no publication of the final results, to
later than 30 days after the date of
instruct CBP to collect cash deposits of
publication of these preliminary results
estimated countervailing duties in the
11
of review. Rebuttals to case briefs may
amounts shown for each of the
be filed no later than seven days after
respondents listed above on shipments
the case briefs are filed, and all rebuttal
of subject merchandise entered, or
comments must be limited to comments
withdrawn from warehouse, for
12
raised in the case briefs. Note that
consumption on or after the date of
Commerce has temporarily modified
publication of the final results of this
certain of its requirements for serving
administrative review. If the rate
documents containing business
calculated in the final results is zero or
proprietary information until further
de minimis, no cash deposit will be
13
notice.
required on shipments of the subject
Pursuant to 19 CFR 351.309(c)(2) and
merchandise entered or withdrawn from
(d)(2), parties who submit case briefs or
warehouse, for consumption on or after
rebuttal briefs in this review are
the date of publication of the final
results of this review.
8 Cross-owned affiliates are: Ningbo Major Draft
For all non-reviewed firms, CBP will
Beer Equipment Co., Ltd. and Zhejiang Major
continue to collect cash deposits of
Technology Co., Ltd.
9 This rate is based on the rate for the respondent
estimated countervailing duties at the
that was selected for individual review, excluding
all-others rate or the most recent
rates that are zero, de minimis, or based entirely on
company-specific rate applicable to the
facts available. See section 735(c)(5)(A) of the Act.
10 See 19 CFR 351.224(b).
company, as appropriate. These cash
11 See 19 CFR 351.309(c).
deposit requirements, when imposed,
12 See 19 CFR 351.309(d).
shall remain in effect until further
13 See Temporary Rule Modifying AD/CVD
notice.
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
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Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
For the companies for which this
review is rescinded, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2020, through
December 31, 2020, in accordance with
19 CFR 351.212(c)(l)(i).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: December 14, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
[FR Doc. 2022–27688 Filed 12–20–22; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
19:56 Dec 20, 2022
Jkt 259001
International Trade Administration
[A–570–112, C–570–113]
Certain Collated Steel Staples From
the People’s Republic of China:
Initiation of Circumvention Inquiries on
the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
In response to a request from
KYOCERA SENCO Industrial Tools, Inc.
(Senco), the Department of Commerce
(Commerce) is initiating country-wide
circumvention inquiries to determine
whether imports of certain collated steel
staples (collated staples), which are
completed in Thailand or Vietnam using
parts and components from the People’s
Republic of China (China), are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on collated staples from China.
SUMMARY:
DATES:
Applicable December 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Brian Smith (Thailand) or Shane Subler
(Vietnam), Office VIII, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 and (202) 482–2000,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Non-Selected Companies Under Review
VI. Diversification of China’s Economy
VII. Use of Faces Otherwise Available and
Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input, and
Electricity Benchmarks
X. Analysis of Programs
XI. Recommendation
DEPARTMENT OF COMMERCE
On November 15, 2022, pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.226(c), Senco filed a circumvention
inquiry request alleging that collated
staples completed in Thailand or
Vietnam using parts and components
manufactured in China are
circumventing the orders 1 and,
accordingly, should be included within
the scope of the orders.2
1 See Certain Collated Steel Staples from the
People’s Republic of China: Antidumping Duty
Order, 85 FR 43815 (July 20, 2020); and Certain
Collated Steel Staples from the People’s Republic of
China: Countervailing Duty Order, 85 FR 43813
(July 20, 2020) (collectively, Orders).
2 See Senco’s Letters, ‘‘Request for
Anticircumvention Inquiry Pursuant to Section
781(b) of the Tariff Act of 1930, as Amended,’’
dated November 15, 2022 (Vietnam Circumvention
Inquiry Request); and ‘‘Request for
Anticircumvention Inquiry Pursuant to Section
781(b) of the Tariff Act of 1930, as Amended,’’
dated November 15, 2022 (Thailand Circumvention
Inquiry Request).
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78047
Scope of the Orders
The merchandise covered by these
Orders is certain collated steel staples.
Merchandise covered by these Orders is
currently classifiable under subheading
8305.20.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS subheading and
ASTM specification are provided for
convenience and for customs purposes,
the written description of the subject
merchandise is dispositive. See the
Initiation Memorandum for further
discussion.3
Merchandise Subject to the
Circumvention Inquiries
The circumvention inquiries cover
collated staples that have been
completed in Thailand or Vietnam,
using parts and components from China,
that are then subsequently exported
from Thailand or Vietnam to the United
States.
Initiation of Circumvention Inquiries
Section 351.226(d) of Commerce’s
regulations states that if Commerce
determines that a request for a
circumvention inquiry satisfies the
requirements of 19 CFR 351.226(c), then
Commerce ‘‘will accept the request and
initiate a circumvention inquiry.’’
Section 351.226(c)(1) of Commerce’s
regulations, in turn, requires that each
request for a circumvention inquiry
allege ‘‘that the elements necessary for
a circumvention determination under
section 781 of the Act exist’’ and be
‘‘accompanied by information
reasonably available to the interested
party supporting these allegations.’’
Senco alleged circumvention pursuant
to section 781(b) of the Act
(merchandise completed or assembled
in other foreign countries).
According to section 781(b)(1) of the
Act, after taking into account any advice
provided by the U.S. International Trade
Commission (ITC) under section 781(e)
of the Act, Commerce may find
merchandise imported into the United
States to be covered by the scope of an
order if: (A) merchandise imported into
the United States is of the same class or
kind as any merchandise produced in a
foreign country that is the subject of an
AD order or finding or a CVD order; (B)
before importation into the United
States, such imported merchandise is
completed or assembled in another
foreign country from merchandise
which is subject to the order or finding
3 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China:
Initiation of Circumvention Inquiries on
Antidumping and Countervailing Duty Orders,’’
dated concurrently with, and hereby adopted by,
this notice (Initiation Memorandum).
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]]>Agencies
[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78045-78047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27688]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review, Rescission of Review in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters of refillable stainless
steel kegs (kegs) from the People's Republic of China (China) received
countervailable subsidies during the period of review (POR) from
January 1, 2020, through December 31, 2020. In addition, we are
rescinding the review with respect to 35 companies. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable December 21, 2022.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2631.
Background
On February 4, 2022, Commerce published the notice of initiation of
an administrative review of the countervailing duty (CVD) order on kegs
from China.\1\ On August 1, 2022, Commerce extended the deadline for
the preliminary results of this administrative review by 105 days,
until December 16, 2022.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation
Notice).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020,'' dated
August 1, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review, Rescission of
Review in Part, 2020: Refillable Stainless Steel Kegs from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are kegs. For a complete
description of the scope, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find that there is a subsidy, (i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific).\5\ For a full description of the methodology
underlying our
[[Page 78046]]
conclusions, including our reliance, in part, on adverse facts
available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request with respect to 37 companies from American Keg
Company (the petitioner).\6\ Of the 37 companies, two companies,
Guangzhou Jingye Machinery Co., Ltd. (Jingye) and Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix), filed requests for review of
themselves which were not withdrawn.\7\ Because the withdrawal request
from the petitioner was timely filed, and no other parties requested a
review of the other 35 companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to the 35 companies. For a complete list of the companies, see
Appendix to the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated April 20, 2022.
\7\ See Ulix and Jingye's Letter, ``Request for Administrative
Review,'' dated January 3, 2022.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
There are two companies, Jingye and Ulix, for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent. The
statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rate calculated for Ningbo Master International Trade Co.,
Ltd. (Ningbo Master), the sole mandatory respondent, was not zero, de
minimis, or based entirely on facts available. Therefore, for the
companies for which a review was requested that were not selected as
mandatory company respondents, and for which Commerce did not receive a
timely request for withdrawal of review, Commerce based the preliminary
subsidy rate on the preliminary rate calculated for Ningbo Master.
Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates for the period January 1, 2020, through December 31, 2020, are as
follows:
---------------------------------------------------------------------------
\8\ Cross-owned affiliates are: Ningbo Major Draft Beer
Equipment Co., Ltd. and Zhejiang Major Technology Co., Ltd.
\9\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Subsidy rate
Manufacturer/exporter (percent ad
valorem)
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Ningbo Master International Trade Co., Ltd \8\.......... 5.13
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Review-Specific Average Rate Applicable to the Following Companies \9\
------------------------------------------------------------------------
Guangzhou Jingye Machinery Co., Ltd..................... 5.13
Guangzhou Ulix Industrial & Trading Co., Ltd............ 5.13
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Disclosure and Public Comment
We will disclose to parties in this review, the calculations
performed for these preliminary results within five days after the date
of publication of this notice.\10\ Interested parties case briefs no
later than 30 days after the date of publication of these preliminary
results of review.\11\ Rebuttals to case briefs may be filed no later
than seven days after the case briefs are filed, and all rebuttal
comments must be limited to comments raised in the case briefs.\12\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\13\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and 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 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this review 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, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Hearing 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, parties will be notified of the date and
time for the hearing to be determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respondents listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
[[Page 78047]]
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the companies for which this review is rescinded, we will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2020, through December 31,
2020, in accordance with 19 CFR 351.212(c)(l)(i).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: December 14, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Non-Selected Companies Under Review
VI. Diversification of China's Economy
VII. Use of Faces Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input, and Electricity Benchmarks
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2022-27688 Filed 12-20-22; 8:45 am]
BILLING CODE 3510-DS-P
