Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 42300-42302 [2023-13953]
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42300
Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no 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 Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rescission of Administrative Review, In
Part
VI. Rate for Non-Examined Companies
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–13964 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–916, C–508–815, C–580–917]
Brass Rod From India, Israel, and the
Republic of Korea: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom (India), Zachary Shaykin
(Israel), and Jacob Saude (the Republic
of Korea), AD/CVD Operations, Offices
I, IV, and VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075, (202) 482–2638, or
(202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
19:33 Jun 29, 2023
Jkt 259001
Background
On May 17, 2023, the U.S.
Department of Commerce (Commerce)
initiated countervailing duty (CVD)
investigations of imports of brass rod
from India, Israel, and the Republic of
Korea (Korea).1 Currently, the
preliminary determinations are due no
later than July 21, 2023.
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act) requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) the petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On June 22, 2023, the petitioners
submitted a timely request that
Commerce postpone the preliminary
determinations in these investigations.2
The petitioners stated that additional
time is needed to collect the necessary
information for the preliminary
determinations.3
In accordance with 19 CFR
351.205(e), the petitioners have stated
the reasons for requesting a
postponement of the preliminary
determinations, and Commerce finds no
compelling reason to deny the request.
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the
preliminary determinations to no later
than 130 days after the date on which
these investigations were initiated, i.e.,
1 See
Brass Rod From India, Israel, and the
Republic of Korea: Initiation of Countervailing Duty
Investigations, 88 FR 33566 (May 24, 2023).
2 See Petitioners’ Letters, ‘‘Request to Extend CVD
Preliminary Determination,’’ dated June 22, 2023.
The petitioners are Mueller Brass Co. and Wieland
Chase LLC, collectively, the American Brass Rod
Fair Trade Coalition.
3 Id.
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Fmt 4703
Sfmt 4703
September 25, 2023.4 Pursuant to
section 705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–13956 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–895]
Low Melt Polyester Staple Fiber From
the Republic of Korea: 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 the sole producer/
exporter subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
August 1, 2021, through July 31, 2022.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Andrew Hart, 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) 482–4682 or (202) 482–1058,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, based on a
timely request for review, in accordance
with 19 CFR 351.221(c)(1)(i), we
initiated an administrative review on
low melt polyester staple fiber (low melt
4 The deadline for the preliminary determinations
falls on Sunday, September 24, 2023. Commerce’s
practice dictates that where a deadline falls on a
weekend or Federal holiday, the appropriate
deadline is the next business day (in this instance,
Monday, September 25, 2023). See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
E:\FR\FM\30JNN1.SGM
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
PSF) from the Republic of Korea
(Korea).1 The review covers one
producer/exporter of the subject
merchandise, Toray Advanced Materials
Korea, Inc. (TAK).
On April 26, 2023, Commerce
extended the deadline for the
preliminary results of this
administrative review until June 30,
2023.2 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3
Scope of the
Order 4
The merchandise subject to the Order
is synthetic staple fibers, not carded or
combed, specifically bi-component
polyester fibers having a polyester fiber
component that melts at a lower
temperature than the other polyester
fiber component (low melt PSF). For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for TAK for the period
August 1, 2021, through July 31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Toray Advanced Materials
Korea, Inc ................................
3.61
Disclosure and Public Comment
ddrumheller on DSK120RN23PROD with NOTICES1
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.5
Case briefs or other written comments
may be submitted to Commerce no later
than 30 days after the date of
publication of this notice.6 Rebuttal
briefs,
limited to issues raised in the
Methodology
case briefs, may be filed no later than
seven days after the time limit for filing
Commerce is conducting this review
in accordance with sections 751(a)(1)(B) case briefs.7 Parties who submit case
briefs or rebuttal briefs in this
and (2) of the Tariff Act of 1930, as
proceeding are encouraged to submit
amended (the Act). Export price is
with each argument: (1) a statement of
calculated in accordance with section
the issue; (2) a brief summary of the
772 of the Act. NV is calculated in
argument; and (3) a table of authorities.8
accordance with section 773 of the Act.
Case and rebuttal briefs should be filed
For a full description of the
using ACCESS.9 Note that Commerce
methodology underlying our
has temporarily modified certain of its
conclusions, see the Preliminary
requirements for serving documents
Decision Memorandum. A list of the
containing business proprietary
topics discussed in the Preliminary
10
Decision Memorandum is attached as an information, until further notice.
Pursuant to 19 CFR 351.310(c),
appendix to this notice. The Preliminary
interested parties who wish to request a
Decision Memorandum is a public
hearing must submit a written request to
document and is on file electronically
the Assistant Secretary for Enforcement
via Enforcement and Compliance’s
and Compliance, U.S. Department of
Antidumping and Countervailing Duty
Commerce, filed electronically via
Centralized Electronic Service System
ACCESS within 30 days after the date of
(ACCESS). ACCESS is available to
publication of this notice.11 Hearing
registered users at https://
access.trade.gov. In addition, a complete requests should contain: (1) the party’s
name, address, and telephone number;
version of the Preliminary Decision
(2) the number of participants; and (3)
Memorandum can be accessed directly
a list of issues to be discussed. Issues
at https://access.trade.gov/public/
raised in the hearing will be limited to
FRNoticesListLayout.aspx.
issues raised in the briefs. If a request
for a hearing is made, Commerce
1 See Initiation of Antidumping and
intends to hold the hearing at a date and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
time to be determined.12 Parties should
2 See Memorandum, ‘‘Extension of the Deadline
for Preliminary Results of Antidumping Duty
administrative Review, dated April 26, 2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Low Melt Polyester Staple Fiber from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Antidumping Duty
Orders, 83 FR 40752 (August 16, 2018) (Order).
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19:33 Jun 29, 2023
Jkt 259001
19 CFR 351.224(b).
19 CFR 351.309(c).
7 See 19 CFR 351.309(c); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
10 See Temporary Rule.
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
42301
confirm by telephone the date and time
of the hearing two days before the
scheduled date. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.13
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries.14 Pursuant to 19
CFR 351.212(b)(1), if TAK’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales.15
Where TAK did not report entered
value, we will calculate the entered
value in order to calculate the
assessment rate. If TAK’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate entries
without regard to antidumping duties.16
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.17
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by TAK for which it
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate those entries at
the all-others rate established in the
original less-than-fair-value (LTFV)
investigation (i.e., 16.27 percent) if there
is no rate for the intermediate
5 See
6 See
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Fmt 4703
Sfmt 4703
13 See
section 751(a)(3)(A) of the Act.
19 CFR 351.212(b).
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
16 Id. at 8102.
17 See section 751(a)(2)(C) of the Act.
14 See
E:\FR\FM\30JNN1.SGM
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
company(ies) involved in the
transaction.18
Commerce intends 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).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the LTFV investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
in the completed segment for the most
recent period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 16.27 percent, the
all-others rate established in the LTFV
investigation.19 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also 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
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 See Order.
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19:33 Jun 29, 2023
Jkt 259001
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
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
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. Recommendation
[FR Doc. 2023–13953 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 230612–0147]
Draft Plan for Providing Public Access
to the Results of Federally Funded
Research
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; request for public
comment.
AGENCY:
The National Institute of
Standards and Technology seeks
comments on the Draft NIST Plan for
Providing Public Access to the Results of
Federally Funded Research. NIST is
taking steps to make its scientific data
and publications more readily available
and accessible by the public, as directed
in an August 2022 memorandum from
the Office of Science and Technology
Policy. The NIST Public Access Plan
applies to the results of research funded
wholly or in part by NIST, presented in
peer-reviewed scholarly publications
and as research data. This document
outlines NIST’s plan for implementing
new requirements to manage the public
access of scientific data and
publications. Public comments received
on the NIST Public Access Plan will
inform NIST as it revises its existing
directives to implement the updated
Plan.
DATES: Responses must be received by
11:59 p.m. Eastern Time on August 14,
2023 to be considered.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Comments may be
submitted by either of the following
methods:
• Electronic submission: Submit
electronic public comments via the
Federal eRulemaking Portal.
1. Go to www.regulations.gov and
enter NIST–2023–0002 in the search
field.
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields.
3. Enter or attach your comments.
• By email: Comments in electronic
form may also be sent to public-access@
nist.gov in any of the following formats:
HTML, ASCII, Word, RTF, or PDF.
• By post: Comments may be sent by
mail to Katherine Sharpless, NIST, 100
Bureau Drive, Stop 4701, Gaithersburg,
MD 20899–4701.
Please submit comments only and
include your name, organization’s name
(if any), and cite ‘‘NIST Public Access
Plan’’ in all correspondence. Comments
containing references, studies, research,
and other empirical data that are not
widely published should include copies
of the referenced materials.
All comments responding to this
document will be a matter of public
record. Relevant comments will
generally be available on the Federal
eRulemaking Portal at https://
www.Regulations.gov and, after the
comment period closes, on NIST’s
website at https://www.nist.gov/open.
NIST will not accept comments
accompanied by a request that part or
all of the material be treated
confidentially because of its business
proprietary nature or for any other
reason. Therefore, do not submit
confidential business information or
otherwise sensitive, protected, or
personal information, such as account
numbers, Social Security numbers, or
names of other individuals.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice contact:
Katherine Sharpless, Open Access
Officer, email address
katherine.sharpless@nist.gov, (301) 975–
3121. Please direct media inquiries to
NIST’s Office of Public Affairs at (301)
975–2762.
SUPPLEMENTARY INFORMATION: The
National Institute of Standards and
Technology (NIST) is one of our
Nation’s oldest Federal laboratories (for
more information, visit www.nist.gov). A
bureau in the Department of Commerce,
the NIST mission is to promote U.S.
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competitiveness by advancing
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ADDRESSES:
E:\FR\FM\30JNN1.SGM
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Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42300-42302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13953]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-895]
Low Melt Polyester Staple Fiber From the Republic of Korea:
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 the sole producer/exporter subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) August 1, 2021,
through July 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Andrew Hart, 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) 482-4682 or (202) 482-1058,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2022, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on low melt polyester staple fiber (low melt
[[Page 42301]]
PSF) from the Republic of Korea (Korea).\1\ The review covers one
producer/exporter of the subject merchandise, Toray Advanced Materials
Korea, Inc. (TAK).
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
---------------------------------------------------------------------------
On April 26, 2023, Commerce extended the deadline for the
preliminary results of this administrative review until June 30,
2023.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Antidumping Duty administrative Review, dated April 26,
2023.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Low Melt Polyester Staple Fiber from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Low Melt Polyester Staple Fiber from the Republic of
Korea and Taiwan: Antidumping Duty Orders, 83 FR 40752 (August 16,
2018) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is synthetic staple fibers,
not carded or combed, specifically bi-component polyester fibers having
a polyester fiber component that melts at a lower temperature than the
other polyester fiber component (low melt PSF). For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
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 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
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for TAK for the period
August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Toray Advanced Materials Korea, Inc........................ 3.61
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\5\ Case briefs
or other written comments may be submitted to Commerce no later than 30
days after the date of publication of this notice.\6\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs.\7\ 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.\8\ Case and
rebuttal briefs should be filed using ACCESS.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(c); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
\10\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\12\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\14\ Pursuant to 19 CFR
351.212(b)(1), if TAK's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales.\15\
Where TAK did not report entered value, we will calculate the entered
value in order to calculate the assessment rate. If TAK's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or
de minimis, we will instruct CBP to liquidate entries without regard to
antidumping duties.\16\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\17\
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\14\ See 19 CFR 351.212(b).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\16\ Id. at 8102.
\17\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by TAK for
which it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate those entries at the all-
others rate established in the original less-than-fair-value (LTFV)
investigation (i.e., 16.27 percent) if there is no rate for the
intermediate
[[Page 42302]]
company(ies) involved in the transaction.\18\
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\18\ 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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Commerce intends 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 Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not participating
in this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established in the completed segment for the most
recent period for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
16.27 percent, the all-others rate established in the LTFV
investigation.\19\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order.
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Notification to Importers
This notice also 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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. Recommendation
[FR Doc. 2023-13953 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P