Prestressed Concrete Steel Wire Strand From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021, 8798-8800 [2023-02905]
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
may also enter under other HTSUS
numbers including 7215.90.1000,
7215.90.5000, 7221.00.0017,
7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035,
7227.90.6040, 7228.20.1000, and
7228.60.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to sections 751(c)(1)
and 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the AD orders on rebar
from Turkey, Taiwan, and Japan, and
the CVD order on rebar from Turkey.
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of continuation of
these Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
review of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: February 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–02853 Filed 2–9–23; 8:45 am]
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BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–820]
Prestressed Concrete Steel Wire
Strand From Thailand: Preliminary
Results of Antidumping Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that prestressed concrete
steel wire strand (PC strand) from
Thailand was sold in the United States
at less than normal value (NV) during
the period of review (POR) of January 1,
2021, through December 31, 2021.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Samantha Kinney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1766 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 28, 2004, Commerce
published the antidumping duty order
on PC strand from Thailand.1 On March
9, 2022, in accordance with 19 CFR
351.221(c)(i), Commerce initiated an
administrative review of the Order,
covering one producer/exporter, The
Siam Industrial Wire Co., Ltd. (SIW).2
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on September 23, 2022, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review until January 31, 2023.3
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Prestressed Concrete Steel Wire Strand
from Thailand, 69 FR 4111 (January 28, 2004)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
13252 (March 9, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021,’’ dated September 23,
2022.
4 See Memorandum, ‘‘Prestressed Concrete Steel
Wire Strand from Thailand: Decision Memorandum
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Fmt 4703
Sfmt 4703
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is available 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 merchandise covered by the
Order is PC strand from Thailand.
Products subject to the Order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 7312.10.3010 and
7312.10.3012. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margin exists for the period January 1,
2021, through December 31, 2021:
Exporter/producer
The Siam Industrial Wire Co.,
Ltd ...........................................
Weightedaverage
dumping
margin
(percent)
2.18
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties with an
administrative protective order within
five days of the date of publication of
the preliminary results in accordance
with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
for Preliminary Results of Antidumping Duty
Administrative Review; 2021,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.5 Parties who submit case briefs or
rebuttal briefs in this proceeding 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.6 Case and
rebuttal briefs should be filed using
ACCESS.7
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically via
ACCESS, within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues parties intend to discuss. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold a
hearing at a time and date to be
determined.8 Parties should confirm the
date, time, and location of the hearing
two days before the scheduled date.
An electronically filed document
must be received successfully in its
entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the
document is due. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
this deadline is extended.10
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
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5 See
19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 See 19 CFR 351.303(f).
8 See 19 CFR 351.310(d).
9 See Temporary Rule.
10 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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17:41 Feb 09, 2023
Jkt 259001
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this administrative
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).
If SIW’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, and because SIW
reported entered values for all of its
sales, we intend to calculate importerspecific ad valorem assessment rates
based on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those sales, in accordance with
19 CFR 351.212(b)(1). We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). If SIW’s
overall weighted-average dumping
margin is zero or de minimis or where
an importer-specific ad valorem
assessment rate is zero or de minimis, in
the final results of review, we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.11
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by SIW for which it
did not know that the merchandise was
destined for the United States, we
intend to instruct CBP to liquidate those
entries at the all-others rate in the
original less-than-fair-value (LTFV)
investigation 12 if there is no rate for the
intermediate company(ies) involved in
the transaction.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
11 See
19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
12 See Order, 69 FR at 4111.
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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8799
for consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for SIW will be that
established in the final results of this
administrative review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific cash deposit rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the underlying
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 12.91 percent, the all-others rate
established in the LTFV investigation.14
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
14 See
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Order, 69 FR at 4111.
10FEN1
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Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
VI. Recommendation
events subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2
[FR Doc. 2023–02905 Filed 2–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–112]
Certain Collated Steel Staples From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; Final
Determination of No Shipments; and
Partial Rescission; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Tianjin Hweschun Fasteners
Manufacturing Co., Ltd. (Hweschun)
and Zhejiang Best Nail Industrial Co.,
Ltd./Shaoxing Bohui Import & Export
Co., Ltd. (Best Nail/Shaoxing Bohui) did
not sell certain collated steel staples
from the People’s Republic of China
(China) at less than normal value during
the period of review (POR), January 8,
2020, through June 30, 2021. Commerce
further determines that Unicorn
Fasteners Co., Ltd. (Unicorn Fasteners)
made no shipments and Tianjin
Jinyifeng Hardware Co., Ltd. (Tianjin
Jinyifeng) had no reviewable entries of
the subject merchandise during the
POR. Commerce also determines that
China Staple (Tianjin) Co., Ltd. (China
Staple); Shanghai Yueda Nails Co., Ltd.
(Shanghai Yueda); and Shijiazhuang
Shuangming Trade Co., Ltd.
(Shijiazhuang Shuangming) have not
established their separate rate eligibility
and, therefore, are part of the Chinawide entity.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT: Max
Goldman or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0224 or (202) 482–1766,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On August 8, 2022, Commerce
published the Preliminary Results.1 For
1 See Certain Collated Steel Staples from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 48153 (August 8, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
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Scope of the Order 3
The merchandise subject to the Order
is certain collated steel staples which
are 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. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
the appendix to this notice. The Issues
and 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. Changes
Since the Preliminary Results.
Based on our verification findings,
review of the record, and comments
received from interested parties
regarding our Preliminary Results, we
made changes to the margin calculation
for Best Nail/Shaoxing Bohui.4
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Unicorn
Fasteners had no shipments of subject
merchandise to the United States during
the POR.5 No party filed comments with
respect to this preliminary finding and
we received no information to
contradict it. Therefore, we continue to
2 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China: Issues
and Decision Memorandum for the Final Results of
the 2020–2021 Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Certain Collated Steel Staples from the
People’s Republic of China: Antidumping Duty
Order, 85 FR 43815 (July 20, 2020) (Order).
4 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Final Results Calculation
Memorandum for Best Nail/Shaoxing Bohui,’’ dated
concurrently with this notice.
5 See Preliminary Results, 87 FR at 48154.
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find that Unicorn Fasteners had no
shipments of subject merchandise
during the POR and will issue
appropriate liquidation instructions that
are consistent with our ‘‘automatic
assessment’’ clarification for these final
results.6
Partial Rescission
In the Preliminary Results, we
preliminarily granted Tianjin Jinyifeng
Hardware Co., Ltd. (Jinyifeng) a separate
rate. However, based on comments
received from interested parties and the
record information, we determine that
Jinyifeng had no reviewable entries of
subject merchandise during the POR.7
Therefore, we are rescinding this review
with respect to Jinyifeng in accordance
with 19 CFR 351.213(d)(3) because
Jinyifeng did not have a reviewable
entry of subject merchandise during the
POR.
Separate Rate Respondents
In our Preliminary Results, we
determined that Best Nail/Shaoxing
Bohui, Hweschun, and Jinyifeng
demonstrated their eligibility for
separate rates.8 We received no
arguments since the issuance of the
Preliminary Results that provide a basis
for reconsideration of this determination
with respect to Best Nail/Shaoxing
Bohui and Hweschun. Therefore, for
these final results, we continue to find
that Best Nail/Shaoxing Bohui and
Hweschun are each eligible for a
separate rate, as indicated in the table in
the ‘‘Final Results of Review’’ section of
this notice. As noted above, we are
rescinding this review with respect to
Jinyifeng in the final results.
The China-Wide Entity
In the Preliminary Results, Commerce
found that three companies for which a
review was requested 9 did not establish
eligibility for a separate rate because
they did not file a timely separate rate
application or a separate rate
certification, as appropriate.10 No party
commented on the Preliminary Results
with respect to these three companies’
separate rate ineligibility. Therefore, for
these final results, we determine the
three companies at issue to be part of
the China-wide entity. Because no party
requested a review of the China-wide
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
7 See Issues and Decision Memorandum at
Comment 2 for further discussion.
8 See Preliminary Results PDM at 5–9.
9 Id. at 9–10. These companies are China Staple;
Shanghai Yueda; and Shijiazhuang Shuangming.
10 Id.
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]]>Agencies
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8798-8800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02905]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-820]
Prestressed Concrete Steel Wire Strand From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that prestressed concrete steel wire strand (PC strand) from
Thailand was sold in the United States at less than normal value (NV)
during the period of review (POR) of January 1, 2021, through December
31, 2021. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Samantha Kinney, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 2004, Commerce published the antidumping duty order
on PC strand from Thailand.\1\ On March 9, 2022, in accordance with 19
CFR 351.221(c)(i), Commerce initiated an administrative review of the
Order, covering one producer/exporter, The Siam Industrial Wire Co.,
Ltd. (SIW).\2\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Prestressed Concrete
Steel Wire Strand from Thailand, 69 FR 4111 (January 28, 2004)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 13252 (March 9, 2022).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on September 23, 2022, Commerce determined that it
was not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review until January 31, 2023.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021,'' dated
September 23, 2022.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Prestressed Concrete Steel Wire Strand
from Thailand: Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is PC strand from Thailand.
Products subject to the Order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7312.10.3010 and 7312.10.3012. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period January 1, 2021, through December 31,
2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
The Siam Industrial Wire Co., Ltd.......................... 2.18
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties with an
administrative protective order within five days of the date of
publication of the preliminary results in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs
[[Page 8799]]
no later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the date for filing case
briefs.\5\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\6\ Case and rebuttal briefs should be filed using
ACCESS.\7\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS, within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues parties intend to discuss. Issues raised in
the hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\8\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically filed document must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time on the date that the document is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\9\
---------------------------------------------------------------------------
\9\ See Temporary Rule.
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\10\
---------------------------------------------------------------------------
\10\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
If SIW's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, and
because SIW reported entered values for all of its sales, we intend to
calculate importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent). If
SIW's overall weighted-average dumping margin is zero or de minimis or
where an importer-specific ad valorem assessment rate is zero or de
minimis, in the final results of review, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\11\
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\11\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by SIW for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation \12\ if there is no rate for the intermediate
company(ies) involved in the transaction.\13\
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\12\ See Order, 69 FR at 4111.
\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for SIW will be that established in the final results
of this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific cash deposit
rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the underlying
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
12.91 percent, the all-others rate established in the LTFV
investigation.\14\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Order, 69 FR at 4111.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
[[Page 8800]]
VI. Recommendation
[FR Doc. 2023-02905 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P
