Silicomanganese From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 37021-37023 [2023-12048]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review, for the above-listed companies.
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). We intend to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this notice in the Federal
Register.
For the companies remaining in the
review, we intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Rate
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts calculated in the final results
for the companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review, except, where the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
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Jkt 259001
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea’s Economy
VI. Rescission of the Administrative Review,
In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II—Companies for Which
Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International TechnoEconomic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DK Dongshin Co., Ltd.
16. Dongbu Steel Co., Ltd.
17. Dongkuk Industries Co., Ltd.
18. Dongkuk Steel Mill Co., Ltd.
19. EAE Automotive Equipment
20. EEW KHPC Co., Ltd.
21. Eplus Expo Inc.
22. GS Global Corp.
23. Haem Co, Ltd.
24. Han Young Industries
25. Hyosung Corp.
26. Hyundai Steel Co.
27. Jinmyung Frictech Co., Ltd.
28. Khana Marine Ltd.
29. Kindus Inc.
30. Korean Iron and Steel Co., Ltd.
31. Kyoungil Precision Co., Ltd.
32. Menics
33. Qian’an Rentai Metal Products Co., Ltd.
34. Samsun C&T Corp.
35. Samsung
36. Shinko
37. Shipping Imperial Co., Ltd.
38. Sinchang Eng Co., Ltd.
39. SK Networks Co., Ltd.
40. SNP Ltd.
41. Steel N People Ltd.
42. Summit Industry
43. Sungjin Co., Ltd.
44. Young Sun Steel
[FR Doc. 2023–12029 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
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37021
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–823]
Silicomanganese From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that silicomanganese from
India was sold in the United States at
less than normal value during the
period of review (POR) May 1, 2021,
through April 30, 2022. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 23, 2002, Commerce
published the antidumping duty order
on silicomanganese from India.1 On
May 24, 2022, Maithan Alloys Ltd.
(MAL) requested an administrative
review of itself.2 On July 14, 2022, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of the Order, covering MAL.3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on January 9, 2023, 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 May 31, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
1 See Notice of Amended Final Determination of
Sales at Less than Fair Value and Antidumping
Duty Orders: Silicomanganese from India,
Kazakhstan, and Venezuela, 67 FR 36149 (May 23,
2002) (Order).
2 See MAL’s Letter, ‘‘Request for Administrative
Review of Antidumping Order A–533–823,’’ dated
May 24, 2022.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2022 Antidumping
Duty Administrative Review,’’ dated January 9,
2023.
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37022
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Decision Memorandum.5 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.
Scope of the Order
The products covered by the Order
are all forms, sizes and compositions of
silicomanganese, except low-carbon
silicomanganese, including
silicomanganese briquettes, fines and
slag. Silicomanganese is properly
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Some silicomanganese may also be
classified under HTSUS subheading
7202.99.5040. This scope covers all
silicomanganese, regardless of its tariff
classification. Although the HTSUS
subheadings are provided for
convenience and U.S. Customs and
Border Protection (CBP) purposes, our
written description of the scope remains
dispositive. For a full description of the
scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Act. We calculated export
price in accordance with section 772(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 for the period May 1, 2021,
through April 30, 2022.
Weightedaverage
dumping
margin
(percent)
ddrumheller on DSK120RN23PROD with NOTICES1
Producer/exporter
Maithan Alloys Ltd ......................
1.01
5 See
Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Silicomanganese from
India; 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Jkt 259001
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon in determining
the final results of review.
Disclosure and Public Comment
Commerce intends 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 seven days
after the date on which the last
verification report is issued in this
administrative review. 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.6
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.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, filed electronically via
ACCESS. 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.8
All submissions should be filed using
ACCESS,9 and must be served on
interested parties.10 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.11 Parties are reminded that all
briefs and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless otherwise extended,
Commerce intends to issue the final
6 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).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.303.
10 See 19 CFR 351.303(f).
11 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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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).
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
expired (i.e., within 90 days of
publication).
If MAL’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, Commerce
intends to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales. Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales.12 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If MAL’s weightedaverage dumping margin is zero or de
minimis or where an importer-specific
ad valorem assessment rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.13
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by MAL for which it
12 See
19 CFR 351.212(b)(1).
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).
13 See
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
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
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.14
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
company-specific cash deposit rate for
MAL will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if that rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), 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 17.74 percent, the
all-others rate established in the lessthan-fair-value investigation.15 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
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.
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See Order, 86 FR at 22142.
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Jkt 259001
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)(2) and
351.221(b)(4).
Dated: May 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. Affiliation
V. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–12048 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Final Determination of Antidumping
Duty Investigation; Notice of Amended
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2023, the U.S.
Court of International Trade (CIT or the
Court) issued its final judgment in
Guizhou Tyre Co., Ltd., et al., v. United
States, Consol. Court No. 19–00031,
sustaining the U.S. Department of
Commerce’s (Commerce) remand
redetermination pertaining to the
antidumping duty investigation of truck
and bus tires from the People’s Republic
of China (China) covering the period of
investigation July 1, 2015, through
December 31, 2015. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with Truck
and Bus Tires from the People’s
Republic of China: Antidumping Duty
Order, 84 FR 4436 (February 15, 2019)
(Order), and that Commerce is
amending the Order with respect
Guizhou Tyre Import and Export Co.,
Ltd. (GTCIE), such that merchandise
produced and/or exported by GTCIE,
during the period February 15, 2019,
through February 21, 2020, is not
subject to the Order; merchandise
produced and/or exported by GTCIE
AGENCY:
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37023
after February 21, 2020 remains subject
to the Order.
DATES: Applicable June 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2017, Commerce
published its Final Determination in the
antidumping duty investigation of truck
and bus tires from China. Commerce
determined that GTCIE and Shanghai
Huayi Group Corporation Limited
(formerly Double Coin Holdings Ltd.)
(Double Coin) were not eligible for a
separate rate because each company
failed to rebut the presumption of de
facto government control.1
On March 13, 2017, the U.S.
International Trade Commission (ITC)
notified Commerce of its final
determination that an industry in the
United States is not materially injured
or threatened with material injury
within the meaning of section
735(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act) by reason of imports
of truck and bus tires from China at less
than fair value.2 Accordingly,
Commerce instructed U.S. Customs and
Border Protection (CBP) to liquidate
entries of subject merchandise without
regard to antidumping duties.3 On
November 1, 2018, the CIT remanded
the ITC’s final negative determination.4
On January 30, 2019, upon remand, the
ITC issued its final determination, in
which the ITC found that an industry in
the United States is materially injured
by reason of imports of truck and bus
tires from China.
On February 8, 2019, pursuant to the
U.S. Court of Appeals for the Federal
Circuit’s (Federal Circuit) opinion in
Diamond Sawblades, the ITC notified
Commerce of this determination upon
1 See Truck and Bus Tires from the People’s
Republic of China: Final Affirmative
Determinations of Sales at Less Than Fair Value
and Critical Circumstances, 82 FR 8599 (January 27,
2017) (Final Determination).
2 See ITC’s Letter, dated March 13, 2017; see also
Truck and Bus Tires from China, 82 FR 14232
(March 17, 2017); and Truck and Bus Tires from the
People’s Republic of China, Investigation No. 701–
TA–556 and 508 and 731–TA–1311, USITC Pub.
4673 (March 2017) (Final).
3 See CBP Message No. 7094307, dated April 4,
2017.
4 See United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL–CIO,
CLC, v. United States, 348 F. Supp. 3d 1328 (CIT
2018).
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]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37021-37023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12048]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-823]
Silicomanganese From India: Preliminary Results of Antidumping
Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that silicomanganese from India was sold in the United
States at less than normal value during the period of review (POR) May
1, 2021, through April 30, 2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2002, Commerce published the antidumping duty order on
silicomanganese from India.\1\ On May 24, 2022, Maithan Alloys Ltd.
(MAL) requested an administrative review of itself.\2\ On July 14,
2022, in accordance with 19 CFR 351.221(c)(i), Commerce initiated an
administrative review of the Order, covering MAL.\3\ Pursuant to
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
on January 9, 2023, 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
May 31, 2023.\4\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
than Fair Value and Antidumping Duty Orders: Silicomanganese from
India, Kazakhstan, and Venezuela, 67 FR 36149 (May 23, 2002)
(Order).
\2\ See MAL's Letter, ``Request for Administrative Review of
Antidumping Order A-533-823,'' dated May 24, 2022.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated
January 9, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary
[[Page 37022]]
Decision Memorandum.\5\ 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review:
Silicomanganese from India; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are all forms, sizes and
compositions of silicomanganese, except low-carbon silicomanganese,
including silicomanganese briquettes, fines and slag. Silicomanganese
is properly classifiable under subheading 7202.30.0000 of the
Harmonized Tariff Schedule of the United States (HTSUS). Some
silicomanganese may also be classified under HTSUS subheading
7202.99.5040. This scope covers all silicomanganese, regardless of its
tariff classification. Although the HTSUS subheadings are provided for
convenience and U.S. Customs and Border Protection (CBP) purposes, our
written description of the scope remains dispositive. For a full
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Act. We calculated export price in
accordance with section 772(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 for the period May 1, 2021, through April 30, 2022.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Maithan Alloys Ltd......................................... 1.01
------------------------------------------------------------------------
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in determining the final results of
review.
Disclosure and Public Comment
Commerce intends 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 seven days after the date on which the last verification
report is issued in this administrative review. 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.\6\ 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.\7\
---------------------------------------------------------------------------
\6\ 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).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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. 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.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
All submissions should be filed using ACCESS,\9\ and must be served
on interested parties.\10\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\11\ Parties are reminded
that all briefs and hearing requests must be filed electronically using
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern
Time on the due date.
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\9\ See 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
\11\ 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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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).
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 expired (i.e., within 90 days of publication).
If MAL's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\12\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If MAL's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ 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 MAL for
which it
[[Page 37023]]
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 investigation if there is no
rate for the intermediate company(ies) involved in the transaction.\14\
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\14\ 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 for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for
MAL will be equal to the weighted-average dumping margin established in
the final results of this review (except, if that rate is de minimis
within the meaning of 19 CFR 351.106(c)(1), 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 17.74 percent, the all-others rate
established in the less-than-fair-value investigation.\15\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ See Order, 86 FR at 22142.
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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 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)(2) and 351.221(b)(4).
Dated: May 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. Affiliation
V. Verification
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-12048 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
