Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings, 6234-6235 [2023-01915]

Download as PDF 6234 Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices Period of review CVD Proceedings India: Utility Scale Wind Towers, C–533–826 ........................................................................................................................ Republic of Korea: Stainless Steel Sheet and Strip in Coils, C–580–835 ................................................................................................. Socialist Republic of Vietnam: Utility Scale Wind Towers, C–552–826 ........................................................................................................................ The People’s Republic of China: High Pressure Steel Cylinder, C–570–978 .................................................................................................................. Steel Propane Cylinders, C–570–087 .......................................................................................................................... Turkey: Certain Steel Concrete Reinforcing Bar, C–489–830 .................................................................................................. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping and/or countervailing duties on all appropriate entries during the periods of review noted above for each of the listed administrative reviews at rates equal to the cash deposit of estimated antidumping or countervailing duties, as applicable, required at the time of entry, or withdrawal of merchandise from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no 4 As stated in the Federal Register notice of the order, the order applies only to utility scale wind towers produced and exported by CS Wind Vietnam Co., Ltd., otherwise known as CS Wind Tower Co., Ltd., and its affiliated owner, CS Wind Corporation (collectively, the CS Wind Group). See Utility Scale Wind Towers from Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 85 FR 52546, 52548 (August 26, 2020). However, the initiation notice inadvertently included 14 other producers or exporters of utility scale wind towers from the Socialist Republic of Vietnam. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 61278, 61284 (October 11, 2022). We clarify that the administrative review for this order was initiated on entries by the producer/exporter combination to which this order applies (i.e., entries both produced and exported by the CS Wind Group). With the publication of this Federal Register notice, Commerce is rescinding this review. Companies other than the producer/exporter combination specified above are covered by a different order. See Utility Scale Wind Towers from the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 11150 (February 15, 2013) (Existing Wind Towers Order). The next opportunity to request an administrative review of companies covered under the Existing Wind Towers Order will occur with the publication of the notice of opportunity to request an administrative review for orders with a February anniversary month in February 2023. 5 In the initiation notice, Commerce initiated reviews of Ningbo Decko Metal Products Trade and Zhejiang Limai Metal Products Co. Those companies should have been identified as Ningbo Decko Metal Products Trade Co., Ltd., and Zhejiang Limai Metal Products Co. Ltd. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 74404 (December 5, 2022). VerDate Sep<11>2014 16:46 Jan 30, 2023 Jkt 259001 earlier than 35 days after the date of publication of this recission notice in the Federal Register for rescinded administrative reviews of AD/CVD orders on countries other than Canada and Mexico. For rescinded administrative reviews of AD/CVD orders on Canada or Mexico, Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of this recission notice in the Federal Register. Notification to Importers This notice serves as the only reminder to importers of merchandise subject to AD orders of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during the review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in these segments of these proceedings. 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 This notice is issued and published in accordance with sections 751(a)(1) and PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 1/1/2021–12/31/2021 1/1/2021–12/31/2021 1/1/2021–12/31/2021 1/1/2021–12/31/2020 1/1/2021–12/31/2020 1/1/2021–12/31/2021 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: January 25, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–01916 Filed 1–30–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce’s regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of December 2022. DATES: Applicable January 31, 2023. FOR FURTHER INFORMATION CONTACT: Terri Monroe, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–1384. Notice of Scope Ruling Applications: In accordance with 19 CFR 351.225(d)(3), we are notifying the public of the following scope ruling applications related to AD and CVD orders and findings filed in or around the month of December 2022. This notification includes, for each scope application: (1) identification of the AD AGENCY: E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Notices and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the products at issue, including the physical characteristics (including chemical, dimensional and technical characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are produced and the countries from where the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the dates that the scope applications were filed with Commerce and the name of the ACCESS scope segment where the scope applications can be found.1 This notice does not include applications which have been rejected and not properly resubmitted. The scope ruling applications listed below are available on Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), at https://access.trade.gov. Scope Ruling Applications khammond on DSKJM1Z7X2PROD with NOTICES Certain Artist Canvas from the People’s Republic of China (China) (A– 570–899); Canvas Banner Matisse Coated Fabric (CBM); 2 produced in and exported from China; submitted by Printing Textiles LLC dba Berger Textiles (Berger); December 15, 2022; ACCESS scope segment ‘‘Berger Coated Fabrics.’’ 1 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316 (September 20, 2021) (Final Rule) (‘‘It is our expectation that the Federal Register list will include, where appropriate, for each scope application the following data: (1) identification of the AD and/or CVD orders at issue; (2) a concise public summary of the product’s description, including the physical characteristics (including chemical, dimensional and technical characteristics) of the product; (3) the country(ies) where the product is produced and the country from where the product is exported; (4) the full name of the applicant; and (5) the date that the scope application was filed with Commerce.’’) 2 The Canvas Banner Matisse (‘‘CBM’’) of the scope ruling request is 600 denier 100% polyester fabric woven (i.e., warp and weft) filament fiber, weighing approximately 270 GSM, that has been coated with polyvinyl acetate/acrylate type polymers. One side of the fabric has been coated and is visible to the naked eye. The coated side has hydrophobic sealing and fireproof agents. The bottom priming/coating does not promote the adherence of artistic materials. The fabrics are imported as rolls in various lengths with no designs. CBM is produced in China and is exported from China. The declared country of origin is China. CBM is properly classified under 5903.90.2500 which provides for ‘‘Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of manmade fibers: Other: Other’’. VerDate Sep<11>2014 16:46 Jan 30, 2023 Jkt 259001 Notification to Interested Parties This list of scope ruling applications is not an identification of scope inquiries that have been initiated. In accordance with 19 CFR 351.225(d)(1), if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day—day 31.3 Commerce’s practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.4 Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the ‘‘updated’’ 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next business day which follows the ‘‘updated’’ 30th day.5 In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics, (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a companyspecific basis. For further information on procedures for filing information with Commerce through ACCESS and participating in scope inquiries, please refer to the 3 In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment. 4 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 5 This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be separate business days. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 6235 Filing Instructions section of the Scope Ruling Application Guide, at https:// access.trade.gov/help/Scope_Ruling_ Guidance.pdf. Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list for that segment of the proceeding must file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments. Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated. Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce’s procedures.6 Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to James Maeder, Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3). Dated: January 25, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–01915 Filed 1–30–23; 8:45 am] BILLING CODE 3510–DS–P 6 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021). E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6234-6235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01915]


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DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Scope Ruling Applications Filed in Antidumping and 
Countervailing Duty Proceedings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) received scope 
ruling applications, requesting that scope inquiries be conducted to 
determine whether identified products are covered by the scope of 
antidumping duty (AD) and/or countervailing duty (CVD) orders and that 
Commerce issue scope rulings pursuant to those inquiries. In accordance 
with Commerce's regulations, we are notifying the public of the filing 
of the scope ruling applications listed below in the month of December 
2022.

DATES: Applicable January 31, 2023.

FOR FURTHER INFORMATION CONTACT: Terri Monroe, AD/CVD Operations, 
Customs Liaison Unit, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-1384.
    Notice of Scope Ruling Applications: In accordance with 19 CFR 
351.225(d)(3), we are notifying the public of the following scope 
ruling applications related to AD and CVD orders and findings filed in 
or around the month of December 2022. This notification includes, for 
each scope application: (1) identification of the AD

[[Page 6235]]

and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) concise public 
descriptions of the products at issue, including the physical 
characteristics (including chemical, dimensional and technical 
characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the 
countries where the products are produced and the countries from where 
the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full 
names of the applicants; and (5) the dates that the scope applications 
were filed with Commerce and the name of the ACCESS scope segment where 
the scope applications can be found.\1\ This notice does not include 
applications which have been rejected and not properly resubmitted. The 
scope ruling applications listed below are available on Commerce's 
online e-filing and document management system, Antidumping and 
Countervailing Duty Electronic Service System (ACCESS), at https://access.trade.gov.
---------------------------------------------------------------------------

    \1\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316 
(September 20, 2021) (Final Rule) (``It is our expectation that the 
Federal Register list will include, where appropriate, for each 
scope application the following data: (1) identification of the AD 
and/or CVD orders at issue; (2) a concise public summary of the 
product's description, including the physical characteristics 
(including chemical, dimensional and technical characteristics) of 
the product; (3) the country(ies) where the product is produced and 
the country from where the product is exported; (4) the full name of 
the applicant; and (5) the date that the scope application was filed 
with Commerce.'')
---------------------------------------------------------------------------

Scope Ruling Applications

    Certain Artist Canvas from the People's Republic of China (China) 
(A-570-899); Canvas Banner Matisse Coated Fabric (CBM); \2\ produced in 
and exported from China; submitted by Printing Textiles LLC dba Berger 
Textiles (Berger); December 15, 2022; ACCESS scope segment ``Berger 
Coated Fabrics.''
---------------------------------------------------------------------------

    \2\ The Canvas Banner Matisse (``CBM'') of the scope ruling 
request is 600 denier 100% polyester fabric woven (i.e., warp and 
weft) filament fiber, weighing approximately 270 GSM, that has been 
coated with polyvinyl acetate/acrylate type polymers. One side of 
the fabric has been coated and is visible to the naked eye. The 
coated side has hydrophobic sealing and fireproof agents. The bottom 
priming/coating does not promote the adherence of artistic 
materials. The fabrics are imported as rolls in various lengths with 
no designs. CBM is produced in China and is exported from China. The 
declared country of origin is China. CBM is properly classified 
under 5903.90.2500 which provides for ``Textile fabrics impregnated, 
coated, covered or laminated with plastics, other than those of 
heading 5902: Other: Of manmade fibers: Other: Other''.
---------------------------------------------------------------------------

Notification to Interested Parties

    This list of scope ruling applications is not an identification of 
scope inquiries that have been initiated. In accordance with 19 CFR 
351.225(d)(1), if Commerce has not rejected a scope ruling application 
nor initiated the scope inquiry within 30 days after the filing of the 
application, the application will be deemed accepted and a scope 
inquiry will be deemed initiated the following day--day 31.\3\ 
Commerce's practice generally dictates that where a deadline falls on a 
weekend, Federal holiday, or other non-business day, the appropriate 
deadline is the next business day.\4\ Accordingly, if the 30th day 
after the filing of the application falls on a non-business day, the 
next business day will be considered the ``updated'' 30th day, and if 
the application is not rejected or a scope inquiry initiated by or on 
that particular business day, the application will be deemed accepted 
and a scope inquiry will be deemed initiated on the next business day 
which follows the ``updated'' 30th day.\5\
---------------------------------------------------------------------------

    \3\ In accordance with 19 CFR 351.225(d)(2), within 30 days 
after the filing of a scope ruling application, if Commerce 
determines that it intends to address the scope issue raised in the 
application in another segment of the proceeding (such as a 
circumvention inquiry under 19 CFR 351.226 or a covered merchandise 
inquiry under 19 CFR 351.227), it will notify the applicant that it 
will not initiate a scope inquiry, but will instead determine if the 
product is covered by the scope at issue in that alternative 
segment.
    \4\ See Notice of Clarification: Application of ``Next Business 
Day'' Rule for Administrative Determination Deadlines Pursuant to 
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
    \5\ This structure maintains the intent of the applicable 
regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be 
separate business days.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.225(m)(2), if there are companion AD 
and CVD orders covering the same merchandise from the same country of 
origin, the scope inquiry will be conducted on the record of the AD 
proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), 
Commerce may either apply a scope ruling to all products from the same 
country with the same relevant physical characteristics, (including 
chemical, dimensional, and technical characteristics) as the product at 
issue, on a country-wide basis, regardless of the producer, exporter, 
or importer of those products, or on a company-specific basis.
    For further information on procedures for filing information with 
Commerce through ACCESS and participating in scope inquiries, please 
refer to the Filing Instructions section of the Scope Ruling 
Application Guide, at https://access.trade.gov/help/Scope_Ruling_Guidance.pdf. Interested parties, apart from the scope 
ruling applicant, who wish to participate in a scope inquiry and be 
added to the public service list for that segment of the proceeding 
must file an entry of appearance in accordance with 19 CFR 
351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised 
to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for 
further information on the scope inquiry procedures, including the 
timelines for the submission of comments.
    Please note that this notice of scope ruling applications filed in 
AD and CVD proceedings may be published before any potential 
initiation, or after the initiation, of a given scope inquiry based on 
a scope ruling application identified in this notice. Therefore, please 
refer to the case segment on ACCESS to determine whether a scope ruling 
application has been accepted or rejected and whether a scope inquiry 
has been initiated.
    Interested parties who wish to be served scope ruling applications 
for a particular AD or CVD order may file a request to be included on 
the annual inquiry service list during the anniversary month of the 
publication of the AD or CVD order in accordance with 19 CFR 351.225(n) 
and Commerce's procedures.\6\
---------------------------------------------------------------------------

    \6\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021).
---------------------------------------------------------------------------

    Interested parties are invited to comment on the completeness of 
this monthly list of scope ruling applications received by Commerce. 
Any comments should be submitted to James Maeder, Deputy Assistant 
Secretary for AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, via email to [email protected].
    This notice of scope ruling applications filed in AD and CVD 
proceedings is published in accordance with 19 CFR 351.225(d)(3).

    Dated: January 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-01915 Filed 1-30-23; 8:45 am]
BILLING CODE 3510-DS-P


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