Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Reviews; Deferred 2019-2020 Period and Concurrent 2020-2021 Period, 39227-39229 [2023-12767]
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
Monday, September 25, 2023 .............................
Tuesday, September 26, 2023 ............................
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All parties interested in participating
in the trade mission must submit an
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best satisfy the selection criteria as
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and maximum of twenty companies
and/or trade associations will be
selected to participate in the mission on
a rolling basis.
lotter on DSK11XQN23PROD with NOTICES1
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After a firm or trade association has
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mission, a payment to the Department of
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The participation fee will be $5,900
for a small or medium-sized enterprises
(SME) and $7,500 for large firms. There
will be a $1,000 fee for each additional
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PO 00000
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U.S. Embassy—Seoul, Michael Kim,
Commercial Attache, U.S. Department
of Commerce, Michael.Kim@trade.gov
American Institute in Taiwan, Clint
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Department of Commerce,
Clint.Brewer@trade.gov
Gemal Brangman,
Director, ITA Events Management Task Force.
[FR Doc. 2023–12833 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–812]
Circular Welded Carbon-Quality Steel
Pipe From the Sultanate of Oman:
Final Results of Antidumping Duty
Administrative Reviews; Deferred
2019–2020 Period and Concurrent
2020–2021 Period
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
circular welded carbon-quality steel
pipe (CWP) from the Sultanate of Oman
(Oman) was sold in the United States at
less than normal value (NV) during the
periods of review (POR), December 1,
2019, through November 30, 2020, and
December 1, 2020, through November
30, 2021.
DATES: Applicable June 15, 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 December 28, 2022, Commerce
published the Preliminary Results of the
deferred 2019–2020 administrative
review and the concurrent 2020–2021
administrative review of the
antidumping duty order on CWP from
Oman.1 We invited interested parties to
1 See Circular Welded Carbon-Quality Steel Pipe
From the Sultanate of Oman: Preliminary Results of
Antidumping Duty Administrative Review; Deferred
2019–2020 Period and Concurrent 2020–2021
E:\FR\FM\15JNN1.SGM
Continued
15JNN1
39228
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
comment on the Preliminary Results.2
On April 20, 2023, we extended the
deadline for the final results of these
reviews until June 8, 2023.3 The
administrative review for the 2019–2020
POR covers Al Jazeera Steel Products
Co. SAOG (Al Jazeera).4 The
administrative review for the 2020–2021
POR covers four exporters/producers,5
of which we selected Al Jazeera as the
mandatory respondent.6 For a summary
of the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.7 Commerce
conducted these reviews in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 8
The merchandise subject to the Order
is CWP from Oman. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Changes Since the Preliminary Results
Commerce received no comments and
made no changes to the Preliminary
Results for the 2019–2020 POR. Based
on a review of the record and comments
received from interested parties
regarding our Preliminary Results for
the 2020–2021 POR, we made certain
changes to the preliminary weightedaverage dumping margin calculations
for Al Jazeera for the 2020–2021 POR.9
As a result of these changes, the
preliminary weighted-average dumping
margin also changes for the companies
subject to this review, but not selected
for individual examination.
Analysis of Comments Received
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair-value
(LTFV) investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding
rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely
on the basis of facts available.
No companies other than Al Jazeera
remain under review for the 2019–2020
POR.10 For the 2020–2021 POR, we
calculated a weighted-average dumping
margin for Al Jazeera that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly,
Commerce has assigned to companies
not individually examined for the 2020–
2021 POR a margin of 2.31 percent,
which is Al Jazeera’s calculated
weighted-average dumping margin for
the 2020–2021 POR.
Final Results of Review
Commerce determines that the
following estimated weighted-average
dumping margins exist for the periods
December 1, 2019, through November
30, 2020, and December 1, 2020,
through November 30, 2021:
Exporter/producer
Weighted-average
dumping margin for
December 1, 2019
to November 30,
2020 POR
(percent)
Weighted-average
dumping margin for
December 1, 2020
to November 30,
2021 POR
(percent)
Al Jazeera Steel Products Co. SAOG ....................................................................................................
Al Samna Metal Manufacturing & Trading Company LLC 11 ..................................................................
Bollore Logistics (Oman) LLC 12 .............................................................................................................
Transworld Shipping Trading & Logistics Services LLC 13 .....................................................................
4.61 ........................
Not Applicable .......
Not Applicable .......
Not Applicable .......
2.31
2.31
2.31
2.31
Disclosure
We intend to disclose the calculations
performed for these final results of
review to interested parties within five
days of the date of publication of this
lotter on DSK11XQN23PROD with NOTICES1
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade/gov/public/
FRNoticesListLayout.aspx.
Period, 87 FR 79865 (December 28, 2022)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Preliminary Results, 87 FR at 79865.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated April 20, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
6487 (February 4, 2022) (Initiation Notice) at fn. 6.
5 The four companies are: Al Jazeera; Al Samna
Metal Manufacturing & Trading Company LLC (Al
Samna); Bollore Logistics (Oman) LLC (Bollore
Logistics); and Transworld Shipping Trading &
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17:54 Jun 14, 2023
Jkt 259001
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Logistics Services LLC (Transworld Shipping). See
Initiation Notice.
6 See Preliminary Results, 87 FR at 79865.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Deferred
2019–2020 and Concurrent 2020–2021
Antidumping Duty Administrative Review: Circular
Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
8 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman, Pakistan, and the
United Arab Emirates: Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders, 81 FR 91906 (December
19, 2016) (Order).
9 See Issues and Decision Memorandum.
10 On March 9, 2021, Commerce published the
rescission of the administrative review for the
2019–2020 POR with respect to Al Samna, Bollore
Logistics, and Transworld Shipping. See Circular
Welded Carbon-Quality Steel Pipe from Oman:
Rescission of Antidumping Duty Administrative
Review; 2019–2020, 86 FR 13525 (March 9, 2021).
11 Commerce rescinded the administrative review
for the 2019–2020 POR for this company. See
Preliminary Results, 87 FR at 79865, at fn. 2.
12 Id.
13 Id.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
E:\FR\FM\15JNN1.SGM
15JNN1
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
shall assess, antidumping duties on all
appropriate entries for the 2019–2020
POR and the 2020–2021 POR, at the
applicable ad valorem assessments rates
listed for the corresponding review
period. Pursuant to 19 CFR
351.212(b)(1), because Al Jazeera
reported the entered value of its U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where an importer-specific
assessment rate is de minimis (i.e., less
than 0.5 percent), the entries by that
importer will be liquidated without
regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the 2019–2020 POR
and the 2020–2021 POR produced by Al
Jazeera for which it did not know that
the merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.14
For the companies which were not
selected for individual examination for
the 2020–2021 POR, we will instruct
CBP to assess antidumping duties at a
rate equal to the weighted-average
dumping margin determined for the
non-examined companies. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
these reviews 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).
lotter on DSK11XQN23PROD with NOTICES1
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 these
administrative reviews, as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rate for each company listed
above will be equal to the weightedaverage dumping margin established in
the final results of the 2020–2021
review, except, if that rate is de
minimis, then the cash deposit rate will
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
be zero; (2) for previously reviewed or
investigated companies not subject to
this review, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) if neither the exporter nor the
producer is a firm covered in this or any
previously completed segment of this
proceeding, then the cash deposit rate
will be the all-others rate of 7.36 percent
that was established in the LTFV
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: June 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as a final 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 the 2019–2020 POR and the
2020–2021 POR. 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.
International Trade Administration
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 19 CFR
351.221(b)(5).
14 For
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17:54 Jun 14, 2023
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39229
15 See
PO 00000
Order, 81 FR at 91908.
Frm 00011
Fmt 4703
Sfmt 4703
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Weight-Average and Match Al Jazeera’s
Home Market Sales to U.S. Sales by
Month Instead of Quarter
Comment 2: Whether Commerce Properly
Applied the Cost Recovery Test
VI. Recommendation
[FR Doc. 2023–12767 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–DS–P
[A–423–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Industeel Belgium S.A.
(Industeel), a producer and exporter
subject to this administrative review,
made sales of subject merchandise at
less than normal value (NV) during the
period of review (POR), May 1, 2021,
through April 30, 2022. Additionally,
we preliminarily determine that one
company had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Steven Seifert, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3350.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 14, 2022, based on timely
requests for review in accordance with
19 CFR 351.221(c)(1)(i), we published a
notice of initiation of an administrative
E:\FR\FM\15JNN1.SGM
15JNN1
Agencies
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39227-39229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12767]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-812]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Final Results of Antidumping Duty Administrative Reviews;
Deferred 2019-2020 Period and Concurrent 2020-2021 Period
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
circular welded carbon-quality steel pipe (CWP) from the Sultanate of
Oman (Oman) was sold in the United States at less than normal value
(NV) during the periods of review (POR), December 1, 2019, through
November 30, 2020, and December 1, 2020, through November 30, 2021.
DATES: Applicable June 15, 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:
Background
On December 28, 2022, Commerce published the Preliminary Results of
the deferred 2019-2020 administrative review and the concurrent 2020-
2021 administrative review of the antidumping duty order on CWP from
Oman.\1\ We invited interested parties to
[[Page 39228]]
comment on the Preliminary Results.\2\ On April 20, 2023, we extended
the deadline for the final results of these reviews until June 8,
2023.\3\ The administrative review for the 2019-2020 POR covers Al
Jazeera Steel Products Co. SAOG (Al Jazeera).\4\ The administrative
review for the 2020-2021 POR covers four exporters/producers,\5\ of
which we selected Al Jazeera as the mandatory respondent.\6\ For a
summary of the events that occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\7\ Commerce conducted these reviews
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe From the
Sultanate of Oman: Preliminary Results of Antidumping Duty
Administrative Review; Deferred 2019-2020 Period and Concurrent
2020-2021 Period, 87 FR 79865 (December 28, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 87 FR at 79865.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 20, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation
Notice) at fn. 6.
\5\ The four companies are: Al Jazeera; Al Samna Metal
Manufacturing & Trading Company LLC (Al Samna); Bollore Logistics
(Oman) LLC (Bollore Logistics); and Transworld Shipping Trading &
Logistics Services LLC (Transworld Shipping). See Initiation Notice.
\6\ See Preliminary Results, 87 FR at 79865.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Deferred 2019-2020 and Concurrent 2020-2021
Antidumping Duty Administrative Review: Circular Welded Carbon-
Quality Steel Pipe from the Sultanate of Oman,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order \8\
---------------------------------------------------------------------------
\8\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended
Final Affirmative Antidumping Duty Determination and Antidumping
Duty Orders, 81 FR 91906 (December 19, 2016) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is CWP from Oman. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the appendix to
this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Commerce received no comments and made no changes to the
Preliminary Results for the 2019-2020 POR. Based on a review of the
record and comments received from interested parties regarding our
Preliminary Results for the 2020-2021 POR, we made certain changes to
the preliminary weighted-average dumping margin calculations for Al
Jazeera for the 2020-2021 POR.\9\ As a result of these changes, the
preliminary weighted-average dumping margin also changes for the
companies subject to this review, but not selected for individual
examination.
---------------------------------------------------------------------------
\9\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a less-
than-fair-value (LTFV) investigation, for guidance when calculating the
rate for companies which were not selected for individual examination
in an administrative review. Under section 735(c)(5)(A) of the Act, the
all-others rate is normally an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis (i.e., less than 0.5 percent), or determined
entirely on the basis of facts available.
No companies other than Al Jazeera remain under review for the
2019-2020 POR.\10\ For the 2020-2021 POR, we calculated a weighted-
average dumping margin for Al Jazeera that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has assigned to companies not individually examined for the
2020-2021 POR a margin of 2.31 percent, which is Al Jazeera's
calculated weighted-average dumping margin for the 2020-2021 POR.
---------------------------------------------------------------------------
\10\ On March 9, 2021, Commerce published the rescission of the
administrative review for the 2019-2020 POR with respect to Al
Samna, Bollore Logistics, and Transworld Shipping. See Circular
Welded Carbon-Quality Steel Pipe from Oman: Rescission of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 13525
(March 9, 2021).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the periods December 1, 2019, through
November 30, 2020, and December 1, 2020, through November 30, 2021:
----------------------------------------------------------------------------------------------------------------
Weighted-average
dumping margin for
Weighted-average dumping margin for December 1, 2020
Exporter/producer December 1, 2019 to November 30, 2020 POR to November 30,
(percent) 2021 POR
(percent)
----------------------------------------------------------------------------------------------------------------
Al Jazeera Steel Products Co. SAOG............. 4.61....................................... 2.31
Al Samna Metal Manufacturing & Trading Company Not Applicable............................. 2.31
LLC \11\.
Bollore Logistics (Oman) LLC \12\.............. Not Applicable............................. 2.31
Transworld Shipping Trading & Logistics Not Applicable............................. 2.31
Services LLC \13\.
----------------------------------------------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\11\ Commerce rescinded the administrative review for the 2019-
2020 POR for this company. See Preliminary Results, 87 FR at 79865,
at fn. 2.
\12\ Id.
\13\ Id.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for these final
results of review to interested parties within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP)
[[Page 39229]]
shall assess, antidumping duties on all appropriate entries for the
2019-2020 POR and the 2020-2021 POR, at the applicable ad valorem
assessments rates listed for the corresponding review period. Pursuant
to 19 CFR 351.212(b)(1), because Al Jazeera reported the entered value
of its U.S. sales, we calculated importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated without regard to
antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the 2019-2020 POR and the 2020-2021 POR
produced by Al Jazeera for which it did not know that the merchandise
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries at the all-others rate 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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For the companies which were not selected for individual
examination for the 2020-2021 POR, we will instruct CBP to assess
antidumping duties at a rate equal to the weighted-average dumping
margin determined for the non-examined companies. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of these reviews 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 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 these administrative reviews, as provided by section
751(a)(2) of the Act: (1) the cash deposit rate for each company listed
above will be equal to the weighted-average dumping margin established
in the final results of the 2020-2021 review, except, if that rate is
de minimis, then the cash deposit rate will be zero; (2) for previously
reviewed or investigated companies not subject to this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 7.36 percent that was established in the LTFV
investigation.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 91908.
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Notification to Importers
This notice serves as a final 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 the 2019-2020 POR and the 2020-2021 POR.
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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and
19 CFR 351.221(b)(5).
Dated: June 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Weight-Average and Match Al
Jazeera's Home Market Sales to U.S. Sales by Month Instead of
Quarter
Comment 2: Whether Commerce Properly Applied the Cost Recovery
Test
VI. Recommendation
[FR Doc. 2023-12767 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P