Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review, 6702-6703 [2023-02084]

Download as PDF 6702 Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices written description of the scope is dispositive. Application of the Final Results of the Changed Circumstances Review Section 751(d)(3) of the Act provides that ‘‘{a} determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority.’’ Commerce’s general practice is to instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to antidumping duties, and to refund any estimated antidumping duties on, all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation.4 Commerce is currently conducting the first and second administrative reviews of this Order (covering the periods March 3, 2020, through August 31, 2021, and September 1, 2021, through August 31, 2022, respectively) for respondent OCTAL SAOC–FZC.5 We have not yet issued the final results for any administrative review of this Order.6 Consistent with our practice, we are applying the final results of this CCR to all unliquidated entries of the merchandise covered by the Order which have been entered, or withdrawn from warehouse, for consumption on or after March 3, 2020, i.e., the effective date of the preliminary determination in the underlying less-than-fair-value (LTFV) investigation. Rescission of Antidumping Duty Administrative Reviews As the Order is being revoked effective as of the date of the preliminary determination in the LTFV investigation, Commerce is rescinding the administrative reviews 7 consistent with 19 CFR 351.213(d)(4) and 351.222(g)(4). Instructions to CBP Because we determine that there are changed circumstances that warrant revocation of the Order, we will instruct CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated antidumping duties, to liquidate all unliquidated entries that were entered on or after March 3, 2020, without regard to antidumping duties, and to refund all AD cash deposits on all such merchandise. Commerce intends to issue instructions to CBP no earlier than 35 days after the date of publication of these final results and revocation 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). Notification to Interested Parties This notice serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results, revocation and rescissions in accordance with sections 751(a)(1), 751(b), and 777(i) of the Act and 19 CFR 351.213(d)(4), 19 CFR 351.216, and 19 CFR 351.222. Dated: January 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–02085 Filed 1–31–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) and the International Trade Commission automatically initiate and conduct reviews to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for March 2023 Pursuant to section 751(c) of the Act, the following Sunset Reviews are scheduled for initiation in March 2023 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact lotter on DSK11XQN23PROD with NOTICES1 Antidumping Duty Proceedings Aluminum Foil from China, A–570–053 (1st Review) ....................................................................................... Honey from China, A–533–817 (4th Review) ................................................................................................... Polyester Staple Fiber from China, A–560–805 (4th Review) .......................................................................... 4 See, e.g., Certain Pasta from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 2007); Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation of Order In Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 66163 (November 13, 2006); Notice of Final Results of Antidumping Duty Changed Circumstances Reviews and VerDate Sep<11>2014 21:04 Jan 31, 2023 Jkt 259001 Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination to Revoke Order in Part: Certain Cased Pencils from the People’s Republic of China, 68 FR 62428 (November 4, 2003). 5 OCTAL SAOC–FZC was the sole respondent in the investigation and only company for which a review was requested in the administrative reviews. 6 See Polyethylene Terephthalate Sheet from the Sultanate of Oman: Preliminary Results of PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Jacky Arrowsmith, (202) 482–5255. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Antidumping Duty Administrative Review; 2020– 2021, 87 FR 60992 (October 7, 2022); see also Memorandum, ‘‘2020–2021 Antidumping Duty Administrative Review of Polyethylene Terephthalate Sheet from the Sultanate of Oman: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated January 23, 2023; and Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 66275, 66278 (November 3, 2022). 7 Id. E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices 6703 Department contact Countervailing Duty Proceedings Aluminum Foil from China, C–570–054 (1st Review) ...................................................................................... Suspended Investigations DEPARTMENT OF COMMERCE No Sunset Review of suspended investigations is scheduled for initiation in March 2023. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 This notice is not required by statute but is published as a service to the international trading community. National Oceanic and Atmospheric Administration Dated: January 20, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. lotter on DSK11XQN23PROD with NOTICES1 [FR Doc. 2023–02084 Filed 1–31–23; 8:45 am] [RTID 0648–XC585] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Replacement of Pier 302 at Naval Base Point Loma, San Diego, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the U.S. Navy to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with a Pier 302 Replacement project at Naval Base Point Loma, San Diego, California. DATES: This authorization is effective from October 1, 2023 through September 30, 2024. FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: SUMMARY: BILLING CODE 3510–DS–P Background 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings VerDate Sep<11>2014 21:04 Jan 31, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Jacky Arrowsmith, (202) 482–5255. are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On July 27, 2022, NMFS received a request from the U.S. Navy for an IHA to take marine mammals incidental to construction activities associated with replacing Pier 302 at Naval Base Point Loma (NBPL), San Diego, CA. Following NMFS’ review of the application, the U.S. Navy submitted a revised version on September 22, 2022. The application was deemed adequate and complete on October 27, 2022. The U.S. Navy’s request is for take of six species of marine mammals by Level B harassment only. Neither the U.S. Navy nor NMFS expect serious injury or mortality to result from this activity, therefore, an IHA is appropriate. There were no changes from the proposed to the final IHA. NMFS has previously issued IHAs to the U.S. Navy for similar work over the past 9 years at NBPL in San Diego Bay (Bay), including IHAs issued effective from September 1, 2013, through August 31, 2014 (78 FR 44539, July 24, 2013; Year 1 Project), October 8, 2014 through October 7, 2015 (79 FR 65378, November 4, 2014; Year 2 Project), October 8, 2015 through October 7, 2016 (80 FR 62032, October 15, 2015; Year 3 Project), October 8, 2016 through October 7, 2017 (81 FR 66628, E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6702-6703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02084]


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DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Advance Notification of Sunset Review

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

Background

    Every five years, pursuant to the Tariff Act of 1930, as amended 
(the Act), the Department of Commerce (Commerce) and the International 
Trade Commission automatically initiate and conduct reviews to 
determine whether revocation of a countervailing or antidumping duty 
order or termination of an investigation suspended under section 704 or 
734 of the Act would be likely to lead to continuation or recurrence of 
dumping or a countervailable subsidy (as the case may be) and of 
material injury.

Upcoming Sunset Reviews for March 2023

    Pursuant to section 751(c) of the Act, the following Sunset Reviews 
are scheduled for initiation in March 2023 and will appear in that 
month's Notice of Initiation of Five-Year Sunset Reviews (Sunset 
Review).

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                                                                        Department contact
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          Antidumping Duty Proceedings
 
Aluminum Foil from China, A-570-053 (1st Review)  Jacky Arrowsmith, (202) 482-5255.
Honey from China, A-533-817 (4th Review)........  Thomas Martin, (202) 482-3936.
Polyester Staple Fiber from China, A-560-805      Thomas Martin, (202) 482-3936.
 (4th Review).
 

[[Page 6703]]

 
         Countervailing Duty Proceedings
 
Aluminum Foil from China, C-570-054 (1st Review)  Jacky Arrowsmith, (202) 482-5255.
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Suspended Investigations

    No Sunset Review of suspended investigations is scheduled for 
initiation in March 2023.
    Commerce's procedures for the conduct of Sunset Review are set 
forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) 
Review provides further information regarding what is required of all 
parties to participate in Sunset Review.
    Pursuant to 19 CFR 351.103(c), Commerce will maintain and make 
available a service list for these proceedings. To facilitate the 
timely preparation of the service list(s), it is requested that those 
seeking recognition as interested parties to a proceeding contact 
Commerce in writing within 10 days of the publication of the Notice of 
Initiation.
    Please note that if Commerce receives a Notice of Intent to 
Participate from a member of the domestic industry within 15 days of 
the date of initiation, the review will continue.
    Thereafter, any interested party wishing to participate in the 
Sunset Review must provide substantive comments in response to the 
notice of initiation no later than 30 days after the date of 
initiation. Note that Commerce has 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; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: January 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-02084 Filed 1-31-23; 8:45 am]
BILLING CODE 3510-DS-P
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