Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 13091-13095 [2023-04296]
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Notices
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Impol will be equal
to the weighted-average dumping
margin established in the final results of
this review (except, if that rate is de
minimis, then the cash deposit rate will
be zero); (2) for producers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or a prior
segment of the proceeding 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 13.43 percent, the
all-others rate established in the lessthan-fair-value investigation.11 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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Disclosure, Public Comment, and
Opportunity To Request a Hearing
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs to Commerce no later
than 30 days after the date of
publication of this notice.12 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.13 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), 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.14 Case and rebuttal
briefs should be filed using ACCESS 15
and must be served on interested
parties.16 Commerce has temporarily
modified certain of its requirements for
serving documents containing business
Order, 86 FR at 22141.
19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006,
17007 (March 26, 2020).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.303(f).
proprietary information, until further
notice.17
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, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Standard Time 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;
(3) whether any participant is a foreign
national; and (4) a list of issues the party
intends 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 the hearing
at a date and time to be determined.18
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
11 See
12 See
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17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See 19 CFR 351.310(c).
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13091
Dated: February 23, 2023.
Abdelali Elouaradia,
Deputy 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
VI. Recommendation
[FR Doc. 2023–04304 Filed 3–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of 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) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
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period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
Section D responses.
Opportunity To Request a Review: Not
later than the last day of March 2023,2
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
March for the following periods:
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Antidumping Duty Proceedings
AUSTRALIA: Certain Uncoated Paper, A–602–807 ...................................................................................................................
BELGIUM: Acetone, A–423–814 .................................................................................................................................................
BRAZIL: Certain Uncoated Paper, A–351–842 ...........................................................................................................................
CANADA: Iron Construction Castings, A–122–503 ....................................................................................................................
FRANCE: Brass Sheet & Strip, A–427–602 ...............................................................................................................................
GERMANY: Brass Sheet & Strip, A–428–602 ............................................................................................................................
INDIA: Granular Polytetrafluoroethylene Resin, A–533–899 ......................................................................................................
INDIA: Large Diameter Welded Pipe, A–533–881 ......................................................................................................................
INDIA: Off-The-Road Tires, A–533–869 .....................................................................................................................................
INDIA: Sulfanilic Acid, A–533–806 ..............................................................................................................................................
INDONESIA: Certain Uncoated Paper, A–560–828 ...................................................................................................................
ITALY: Brass Sheet & Strip, A–475–601 ....................................................................................................................................
PORTUGAL: Certain Uncoated Paper, A–471–807 ...................................................................................................................
REPUBLIC OF KOREA: Acetone, A–580–899 ...........................................................................................................................
RUSSIA: Granular Polytetrafluoroethylene Resin, A–821–829 ..................................................................................................
RUSSIA: Silicon Metal, A–821–817 ............................................................................................................................................
SOUTH AFRICA: Acetone, A–791–824 ......................................................................................................................................
SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A–791–823 .............................................................................................
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
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TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ...........................................................
THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 ................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Amorphous Silica Fabric, A–570–038 .......................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Biaxial Integral Geogrid Products, A–570–036 ............................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 ..........................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, A–570–122 ..................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Plastic Decorative Ribbon, A–570–075 ........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Uncoated Paper, A–570–022 .......................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 225CC and 999CC, and Parts Thereof,
A–570–119 ...............................................................................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ............................
THE PEOPLE’S REPUBLIC OF CHINA: Difluoromethane (R–32), A–570–121 ........................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Glycine, A–570–836 ..................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Large Diameter Welded Pipe, A–570–077 ................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Pentafluoroethane (R–125), A–570–137 ...................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Sodium Hexametaphosphate, A–570–908 ................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Tissue Paper Products, A–570–894 .............................................................
UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 ........................................................................................................
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Countervailing Duty Proceedings
INDIA: Fine Denier Polyester Staple Fiber, C–533–876 .............................................................................................................
INDIA: Granular Polytetrafluoroethylene Resin, C–533–900 ......................................................................................................
INDIA: Large Diameter Welded Pipe, C–533–882 ......................................................................................................................
INDIA: Off-The-Road Tires, C–533–870 .....................................................................................................................................
INDIA: Sulfanilic Acid, C–533–807 ..............................................................................................................................................
INDONESIA: Certain Uncoated Paper, C–560–829 ...................................................................................................................
IRAN: In-Shell Pistachios, C–507–501 ........................................................................................................................................
RUSSIA: Granular Polytetrafluoroethylene Resin, C–821–830 ..................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 ................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Amorphous Silica Fabric, C–570–039 .......................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Biaxial Integral Geogrid Products, C–570–037 ............................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ..........................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Corrosion Inhibitors, C–570–123 ..................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Plastic Decorative Ribbon, C–570–076 ........................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Uncoated Paper, C–570–023 .......................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Certain Vertical Shaft Engines Between 225CC and 999CC, and Parts Thereof,
C–570–120 ...............................................................................................................................................................................
THE PEOPLE’S REPUBLIC OF CHINA: Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ............................
THE PEOPLE’S REPUBLIC OF CHINA: Fine Denier Polyester Staple Fiber, C–570–061 ......................................................
THE PEOPLE’S REPUBLIC OF CHINA: Large Diameter Welded Pipe, C–570–078 ...............................................................
THE PEOPLE’S REPUBLIC OF CHINA: Pentafluoroethane (R–125), C–570–138 ...................................................................
TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ...................................................................................
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Suspension Agreements
None.
In accordance with 19 CFR
351.213(b), an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review. In addition, a domestic
interested party or an interested party
described in section 771(9)(B) of the Act
must state why it desires the Secretary
to review those particular producers or
exporters. If the interested party intends
for the Secretary to review sales of
merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which was produced in more than one
country of origin and each country of
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origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Note that, for any party Commerce
was unable to locate in prior segments,
Commerce will not accept a request for
an administrative review of that party
absent new information as to the party’s
location. Moreover, if the interested
party who files a request for review is
unable to locate the producer or
exporter for which it requested the
review, the interested party must
provide an explanation of the attempts
it made to locate the producer or
exporter at the same time it files its
request for review, in order for the
Secretary to determine if the interested
party’s attempts were reasonable,
pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and Non-
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Market Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011), Commerce clarified
its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.3
Commerce no longer considers the
non-market economy (NME) entity as an
exporter conditionally subject to an
antidumping duty administrative
reviews.4 Accordingly, the NME entity
3 See the Enforcement and Compliance website at
https://www.trade.gov/us-antidumping-andcountervailing-duties.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
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will not be under review unless
Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity.5 In administrative
reviews of antidumping duty orders on
merchandise from NME countries where
a review of the NME entity has not been
initiated, but where an individual
exporter for which a review was
initiated does not qualify for a separate
rate, Commerce will issue a final
decision indicating that the company in
question is part of the NME entity.
However, in that situation, because no
review of the NME entity was
conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity). Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, Commerce will instruct
CBP to liquidate entries for all exporters
not named in the initiation notice,
including those that were suspended at
the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS) on
Enforcement and Compliance’s ACCESS
website at https://access.trade.gov.6
Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.7
Commerce will publish in the Federal
Register a notice of ‘‘Initiation of
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation’’ for
requests received by the last day of
March 2023. If Commerce does not
receive, by the last day of March 2023,
a request for review of entries covered
by an order, finding, or suspended
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
6 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
7 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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investigation listed in this notice and for
the period identified above, Commerce
will instruct CBP to assess antidumping
or countervailing duties on those entries
at a rate equal to the cash deposit of
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
Establishment of and Updates to the
Annual Inquiry Service List
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.8 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
Federal Register.9 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.10
In accordance with the Procedural
Guidance, for orders published in the
Federal Register before November 4,
2021, Commerce created an annual
inquiry service list segment for each
order and suspended investigation.
Interested parties who wished to be
added to the annual inquiry service list
for an order submitted an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS, and on November 4, 2021,
Commerce finalized the initial annual
inquiry service lists for each order and
8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 Id.
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suspended investigation. Each annual
inquiry service list has been saved as a
public service list in ACCESS, under
each case number, and under a specific
segment type called ‘‘AISL-Annual
Inquiry Service List.’’ 11
As mentioned in the Procedural
Guidance, beginning in January 2022,
Commerce will update these annual
inquiry service lists on an annual basis
when the Opportunity Notice for the
anniversary month of the order or
suspended investigation is published in
the Federal Register.12 Accordingly,
Commerce will update the annual
inquiry service lists for the above-listed
antidumping and countervailing duty
proceedings. All interested parties
wishing to appear on the updated
annual inquiry service list must take
one of the two following actions: (1)
new interested parties who did not
previously submit an entry of
appearance must submit a new entry of
appearance at this time; (2) interested
parties who were included in the
preceding annual inquiry service list
must submit an amended entry of
appearance to be included in the next
year’s annual inquiry service list. For
these interested parties, Commerce will
change the entry of appearance status
from ‘‘Active’’ to ‘‘Needs Amendment’’
for the annual inquiry service lists
corresponding to the above-listed
proceedings. This will allow those
interested parties to make any necessary
amendments and resubmit their entries
of appearance. If no amendments need
to be made, the interested party should
indicate in the area on the ACCESS form
requesting an explanation for the
amendment that it is resubmitting its
entry of appearance for inclusion in the
annual inquiry service list for the
following year. As mentioned in the
Final Rule,13 once the petitioners and
foreign governments have submitted an
entry of appearance for the first time,
they will automatically be added to the
updated annual inquiry service list each
year.
Interested parties have 30 days after
the date of this notice to submit new or
amended entries of appearance.
11 This segment has been combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
12 See Procedural Guidance, 86 FR at 53206.
13 See Final Rule, 86 FR at 52335.
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Federal Register / Vol. 88, No. 41 / Thursday, March 2, 2023 / Notices
Commerce will then finalize the annual
inquiry service lists five business days
thereafter. For ease of administration,
please note that Commerce requests that
law firms with more than one attorney
representing interested parties in a
proceeding designate a lead attorney to
be included on the annual inquiry
service list.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above and
pursuant to 19 CFR 351.225(n)(3), the
petitioners and foreign governments
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioners
and foreign governments are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–04296 Filed 3–1–23; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
18:21 Mar 01, 2023
International Trade Administration
[A–891–001]
Common Alloy Aluminum Sheet From
Croatia: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Impol d.o.o. and Impol TLM
d.o.o. (collectively, Impol), made sales
of subject merchandise at less than
normal value during the period of
review (POR) October 15, 2020, through
March 31, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable March 2, 2023.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, 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) 482–5973.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 27, 2021, Commerce
published the antidumping duty order
on aluminum sheet from Croatia.1 In
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
Commerce is conducting an
administrative review of the Order. On
June 9, 2022, in accordance with 19 CFR
251.221(c)(1)(i), we initiated the
administrative review of the Order
covering Impol, the only company
requested for review.2 For a complete
description of the events between the
initiation of this review and these
preliminary results, see the Preliminary
Decision Memorandum.3
Scope of the Order
The merchandise subject to the Order
is common alloy aluminum sheet from
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Croatia: Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review; 2020–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
14 Id.
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
Jkt 259001
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
13095
Croatia. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.4
Methodology
Commerce conducted this review in
accordance with section 751(a) of the
Act. We calculated export prices in
accordance with section 772(a) of the
Act. We calculated normal value in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. 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 to the public
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, the signed
Preliminary Decision Memorandum can
be accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period October 15,
2020, through March 31, 2022.
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
Impol d.o.o./Impol-TLM d.o.o.5 ...
2.37
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of 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
4 Id.
at ‘‘Scope of the Order.’’
preliminary rate calculated for Impol
applies to subject merchandise produced by ImpolTLM d.o.o. and exported by either Impol-TLM
d.o.o. (Croatia) or Impol d.o.o. (Slovenia).
5 The
E:\FR\FM\02MRN1.SGM
02MRN1
]]>Agencies
[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13091-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04296]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review and Join
Annual Inquiry Service List
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of 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-
4735.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct
an administrative review of that antidumping or countervailing duty
order, finding, or suspended investigation.
All deadlines for the submission of comments or actions by Commerce
discussed below refer to the number of calendar days from the
applicable starting date.
Respondent Selection
In the event Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the
[[Page 13092]]
period of review. We intend to release the CBP data under
Administrative Protective Order (APO) to all parties having an APO
within five days of publication of the initiation notice and to make
our decision regarding respondent selection within 35 days of
publication of the initiation Federal Register notice. Therefore, we
encourage all parties interested in commenting on respondent selection
to submit their APO applications on the date of publication of the
initiation notice, or as soon thereafter as possible. Commerce invites
comments regarding the CBP data and respondent selection within five
days of placement of the CBP data on the record of the review.
In the event Commerce decides it is necessary to limit individual
examination of respondents and conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that determinations concerning whether
particular companies should be ``collapsed'' (i.e., treated as a single
entity for purposes of calculating antidumping duty rates) require a
substantial amount of detailed information and analysis, which often
require follow-up questions and analysis. Accordingly, Commerce will
not conduct collapsing analyses at the respondent selection phase of a
review and will not collapse companies at the respondent selection
phase unless there has been a determination to collapse certain
companies in a previous segment of this antidumping proceeding (i.e.,
investigation, administrative review, new shipper review or changed
circumstances review). For any company subject to a review, if Commerce
determined, or continued to treat, that company as collapsed with
others, Commerce will assume that such companies continue to operate in
the same manner and will collapse them for respondent selection
purposes. Otherwise, Commerce will not collapse companies for purposes
of respondent selection. Parties are requested to: (a) identify which
companies subject to review previously were collapsed; and (b) provide
a citation to the proceeding in which they were collapsed. Further, if
companies are requested to complete a Quantity and Value Questionnaire
for purposes of respondent selection, in general each company must
report volume and value data separately for itself. Parties should not
include data for any other party, even if they believe they should be
treated as a single entity with that other party. If a company was
collapsed with another company or companies in the most recently
completed segment of a proceeding where Commerce considered collapsing
that entity, complete quantity and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that requests a review
may withdraw that request within 90 days of the date of publication of
the notice of initiation of the requested review. The regulation
provides that Commerce may extend this time if it is reasonable to do
so. Determinations by Commerce to extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
---------------------------------------------------------------------------
\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial Section D
responses.
Opportunity To Request a Review: Not later than the last day of
March 2023,\2\ interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in March for the following periods:
---------------------------------------------------------------------------
\2\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when Commerce is closed.
------------------------------------------------------------------------
------------------------------------------------------------------------
Antidumping Duty Proceedings
------------------------------------------------------------------------
AUSTRALIA: Certain Uncoated Paper, A-602-807........ 3/1/22-2/28/23
BELGIUM: Acetone, A-423-814......................... 3/1/22-2/28/23
BRAZIL: Certain Uncoated Paper, A-351-842........... 3/1/22-2/28/23
CANADA: Iron Construction Castings, A-122-503....... 3/1/22[dash]2/28/
23
FRANCE: Brass Sheet & Strip, A-427-602.............. 3/1/22-2/28/23
GERMANY: Brass Sheet & Strip, A-428-602............. 3/1/22-2/28/23
INDIA: Granular Polytetrafluoroethylene Resin, A-533- 9/2/21-2/28/23
899................................................
INDIA: Large Diameter Welded Pipe, A-533-881........ 3/1/22-2/28/23
INDIA: Off-The-Road Tires, A-533-869................ 3/1/22-2/28/23
INDIA: Sulfanilic Acid, A-533-806................... 3/1/22-5/8/22
INDONESIA: Certain Uncoated Paper, A-560-828........ 3/1/22-2/28/23
ITALY: Brass Sheet & Strip, A-475-601............... 3/1/22-2/28/23
PORTUGAL: Certain Uncoated Paper, A-471-807......... 3/1/22-2/28/23
REPUBLIC OF KOREA: Acetone, A-580-899............... 3/1/22-2/28/23
RUSSIA: Granular Polytetrafluoroethylene Resin, A- 9/2/21-2/28/23
821-829............................................
RUSSIA: Silicon Metal, A-821-817.................... 3/1/22-2/28/23
SOUTH AFRICA: Acetone, A-791-824.................... 3/1/22-2/28/23
SOUTH AFRICA: Carbon and Alloy Steel Wire Rod, A-791- 3/1/22-2/28/23
823................................................
[[Page 13093]]
TAIWAN: Light-Walled Rectangular Welded Carbon Steel 3/1/22-2/28/23
Pipe and Tube, A-583-803...........................
THAILAND: Circular Welded Carbon Steel Pipes and 3/1/22-2/28/23
Tubes, A-549-502...................................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, A- 3/1/22-2/28/23
570-049............................................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous Silica 3/1/22-2/28/23
Fabric, A-570-038..................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Biaxial 3/1/22-2/28/23
Integral Geogrid Products, A-570-036...............
THE PEOPLE'S REPUBLIC OF CHINA: Certain Carbon and 3/1/22-2/28/23
Alloy Steel Cut-To-Length Plate, A-570-047.........
THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion 3/1/22-2/28/23
Inhibitors, A-570-122..............................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic 3/1/22-2/28/23
Decorative Ribbon, A-570-075.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Uncoated 3/1/22-2/28/23
Paper, A-570-022...................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical 3/1/22-2/28/23
Shaft Engines Between 225CC and 999CC, and Parts
Thereof, A-570-119.................................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 3/1/22-2/28/23
Austenitic Stainless Pressure Pipe, A-570-930......
THE PEOPLE'S REPUBLIC OF CHINA: Difluoromethane (R- 3/1/22-2/28/23
32), A-570-121.....................................
THE PEOPLE'S REPUBLIC OF CHINA: Glycine, A-570-836.. 3/1/22-2/28/23
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter 3/1/22-2/28/23
Welded Pipe, A-570-077.............................
THE PEOPLE'S REPUBLIC OF CHINA: Pentafluoroethane (R- 8/17/21-2/28/23
125), A-570-137....................................
THE PEOPLE'S REPUBLIC OF CHINA: Sodium 3/1/22-2/28/23
Hexametaphosphate, A-570-908.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Tissue Paper 3/1/22-2/28/23
Products, A-570-894................................
UKRAINE: Carbon and Alloy Steel Wire Rod, A-823-816. 3/1/22-2/28/23
------------------------------------------------------------------------
Countervailing Duty Proceedings
------------------------------------------------------------------------
INDIA: Fine Denier Polyester Staple Fiber, C-533-876 1/1/22-12/31/22
INDIA: Granular Polytetrafluoroethylene Resin, C-533- 7/6/21-12/31/22
900................................................
INDIA: Large Diameter Welded Pipe, C-533-882........ 1/1/22-12/31/22
INDIA: Off-The-Road Tires, C-533-870................ 1/1/22-12/31/22
INDIA: Sulfanilic Acid, C-533-807................... 1/1/22-5/8/22
INDONESIA: Certain Uncoated Paper, C-560-829........ 1/1/22-12/31/22
IRAN: In-Shell Pistachios, C-507-501................ 1/1/22-12/31/22
RUSSIA: Granular Polytetrafluoroethylene Resin, C- 7/6/21-12/31/22
821-830............................................
THE PEOPLE'S REPUBLIC OF CHINA: Ammonium Sulfate, C- 1/1/22-12/31/22
570-050............................................
THE PEOPLE'S REPUBLIC OF CHINA: Amorphous Silica 1/1/22-12/31/22
Fabric, C-570-039..................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Biaxial 1/1/22-12/31/22
Integral Geogrid Products, C-570-037...............
THE PEOPLE'S REPUBLIC OF CHINA: Certain Carbon and 1/1/22-12/31/22
Alloy Steel Cut-To-Length Plate, C-570-048.........
THE PEOPLE'S REPUBLIC OF CHINA: Certain Corrosion 1/1/22-12/31/22
Inhibitors, C-570-123..............................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Plastic 1/1/22-12/31/22
Decorative Ribbon, C-570-076.......................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Uncoated 1/1/22-12/31/22
Paper, C-570-023...................................
THE PEOPLE'S REPUBLIC OF CHINA: Certain Vertical 1/1/22-12/31/22
Shaft Engines Between 225CC and 999CC, and Parts
Thereof, C-570-120.................................
THE PEOPLE'S REPUBLIC OF CHINA: Circular Welded 1/1/22-12/31/22
Austenitic Stainless Pressure Pipe, C-570-931......
THE PEOPLE'S REPUBLIC OF CHINA: Fine Denier 1/1/22-12/31/22
Polyester Staple Fiber, C-570-061..................
THE PEOPLE'S REPUBLIC OF CHINA: Large Diameter 1/1/22 -12/31/22
Welded Pipe, C-570-078.............................
THE PEOPLE'S REPUBLIC OF CHINA: Pentafluoroethane (R- 6/25/21-12/31/22
125), C-570-138....................................
TURKEY: Circular Welded Carbon Steel Pipes and 1/1/22-12/31/22
Tubes, C-489-502...................................
------------------------------------------------------------------------
Suspension Agreements
None.
In accordance with 19 CFR 351.213(b), an interested party as
defined by section 771(9) of the Act may request in writing that the
Secretary conduct an administrative review. For both antidumping and
countervailing duty reviews, the interested party must specify the
individual producers or exporters covered by an antidumping finding or
an antidumping or countervailing duty order or suspension agreement for
which it is requesting a review. In addition, a domestic interested
party or an interested party described in section 771(9)(B) of the Act
must state why it desires the Secretary to review those particular
producers or exporters. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
was produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
Note that, for any party Commerce was unable to locate in prior
segments, Commerce will not accept a request for an administrative
review of that party absent new information as to the party's location.
Moreover, if the interested party who files a request for review is
unable to locate the producer or exporter for which it requested the
review, the interested party must provide an explanation of the
attempts it made to locate the producer or exporter at the same time it
files its request for review, in order for the Secretary to determine
if the interested party's attempts were reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-
Market Economy Antidumping Proceedings: Assessment of Antidumping
Duties, 76 FR 65694 (October 24, 2011), Commerce clarified its practice
with respect to the collection of final antidumping duties on imports
of merchandise where intermediate firms are involved. The public should
be aware of this clarification in determining whether to request an
administrative review of merchandise subject to antidumping findings
and orders.\3\
---------------------------------------------------------------------------
\3\ See the Enforcement and Compliance website at https://www.trade.gov/us-antidumping-and-countervailing-duties.
---------------------------------------------------------------------------
Commerce no longer considers the non-market economy (NME) entity as
an exporter conditionally subject to an antidumping duty administrative
reviews.\4\ Accordingly, the NME entity
[[Page 13094]]
will not be under review unless Commerce specifically receives a
request for, or self-initiates, a review of the NME entity.\5\ In
administrative reviews of antidumping duty orders on merchandise from
NME countries where a review of the NME entity has not been initiated,
but where an individual exporter for which a review was initiated does
not qualify for a separate rate, Commerce will issue a final decision
indicating that the company in question is part of the NME entity.
However, in that situation, because no review of the NME entity was
conducted, the NME entity's entries were not subject to the review and
the rate for the NME entity is not subject to change as a result of
that review (although the rate for the individual exporter may change
as a function of the finding that the exporter is part of the NME
entity). Following initiation of an antidumping administrative review
when there is no review requested of the NME entity, Commerce will
instruct CBP to liquidate entries for all exporters not named in the
initiation notice, including those that were suspended at the NME
entity rate.
---------------------------------------------------------------------------
\4\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\5\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------
All requests must be filed electronically in Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) on Enforcement and Compliance's ACCESS website
at https://access.trade.gov.\6\ Further, in accordance with 19 CFR
351.303(f)(l)(i), a copy of each request must be served on the
petitioner and each exporter or producer specified in the request. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\7\
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Commerce will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of March 2023. If Commerce does not receive, by the
last day of March 2023, a request for review of entries covered by an
order, finding, or suspended investigation listed in this notice and
for the period identified above, Commerce will instruct CBP to assess
antidumping or countervailing duties on those entries at a rate equal
to the cash deposit of estimated antidumping or countervailing duties
required on those entries at the time of entry, or withdrawal from
warehouse, for consumption and to continue to collect the cash deposit
previously ordered.
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant provisional-measures ``gap'' period of
the order, if such a gap period is applicable to the period of review.
Establishment of and Updates to the Annual Inquiry Service List
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\8\ On September
27, 2021, Commerce also published the notice entitled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\9\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\10\
---------------------------------------------------------------------------
\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register before November 4, 2021, Commerce created an
annual inquiry service list segment for each order and suspended
investigation. Interested parties who wished to be added to the annual
inquiry service list for an order submitted an entry of appearance to
the annual inquiry service list segment for the order in ACCESS, and on
November 4, 2021, Commerce finalized the initial annual inquiry service
lists for each order and suspended investigation. Each annual inquiry
service list has been saved as a public service list in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
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\11\ This segment has been combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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As mentioned in the Procedural Guidance, beginning in January 2022,
Commerce will update these annual inquiry service lists on an annual
basis when the Opportunity Notice for the anniversary month of the
order or suspended investigation is published in the Federal
Register.\12\ Accordingly, Commerce will update the annual inquiry
service lists for the above-listed antidumping and countervailing duty
proceedings. All interested parties wishing to appear on the updated
annual inquiry service list must take one of the two following actions:
(1) new interested parties who did not previously submit an entry of
appearance must submit a new entry of appearance at this time; (2)
interested parties who were included in the preceding annual inquiry
service list must submit an amended entry of appearance to be included
in the next year's annual inquiry service list. For these interested
parties, Commerce will change the entry of appearance status from
``Active'' to ``Needs Amendment'' for the annual inquiry service lists
corresponding to the above-listed proceedings. This will allow those
interested parties to make any necessary amendments and resubmit their
entries of appearance. If no amendments need to be made, the interested
party should indicate in the area on the ACCESS form requesting an
explanation for the amendment that it is resubmitting its entry of
appearance for inclusion in the annual inquiry service list for the
following year. As mentioned in the Final Rule,\13\ once the
petitioners and foreign governments have submitted an entry of
appearance for the first time, they will automatically be added to the
updated annual inquiry service list each year.
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\12\ See Procedural Guidance, 86 FR at 53206.
\13\ See Final Rule, 86 FR at 52335.
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Interested parties have 30 days after the date of this notice to
submit new or amended entries of appearance.
[[Page 13095]]
Commerce will then finalize the annual inquiry service lists five
business days thereafter. For ease of administration, please note that
Commerce requests that law firms with more than one attorney
representing interested parties in a proceeding designate a lead
attorney to be included on the annual inquiry service list.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\14\ Id.
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This notice is not required by statute but is published as a
service to the international trading community.
Dated: February 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-04296 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-DS-P
