Common Alloy Aluminum Sheet From Croatia: Final Results of Antidumping Duty Administrative Review; 2020-2022, 43279-43281 [2023-14368]
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
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;
and (3) a list of issues to be discussed.
Issues raised in the hearing will be
limited to those raised in case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined. An electronically filed
hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.12
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,
no later than 120 days after the date of
publication of this notice in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
ddrumheller on DSK120RN23PROD with NOTICES1
Upon completion of the
administrative review, Commerce shall
determine and U.S. Customs and Border
Protection (CBP) shall assess
antidumping duties on all appropriate
entries covered by this review. If the
weighted-average dumping margin for
any individually examined respondent
is above de minimis (i.e., 0.50 percent)
in the final results of this review, we
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).13 If any of these
companies’ weighted-average dumping
margin is zero or de minimis in the final
results of review, or if an importerspecific assessment rate for any of these
companies is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.14 For entries of
subject merchandise during the period
of review produced by any of these
companies for which it did not know its
merchandise was destined for the
12 See 19 CFR 351.310(c); see also 19 CFR 351.303
(for general filing requirements).
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
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United States, we will instruct CBP to
liquidate unreviewed entries.15
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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of glycine from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for companies subject to
this review will be equal to the
company-specific weighted-average
dumping margin established in the final
results of the review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original investigation but the
producer is, the cash deposit rate will be
the rate established in the completed
segment for the most recent period for
the producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will be 7.23 percent, the allothers rate established in the less-thanfair-value investigation, adjusted for the
export-subsidy rate in the companion
countervailing duty investigation.16
These cash 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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See Order, 84 FR at 29171.
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43279
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
countervailing duties.
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
sections 19 CFR 351.213(h)(2) and 19
CFR 351.221(b)(4).
Dated: June 29, 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. Application of Facts Available and
Adverse Inferences
V. Rate for Non-Selected Respondent
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–14394 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–891–001]
Common Alloy Aluminum Sheet From
Croatia: Final Results of Antidumping
Duty Administrative Review; 2020–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on common
alloy aluminum sheet (CAAS) from
Croatia. The period of review (POR) is
October 15, 2020, through March 31,
2022. The review covers one producer/
exporter of the subject merchandise,
Impol d.o.o./Impol-TLM d.o.o. (Impol).
We determine that sales of subject
merchandise by Impol were made at less
than normal value (NV).
DATES: Applicable July 7, 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
AGENCY:
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
NW, Washington, DC 20230; telephone:
(202) 482–5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary
results of this review on March 2, 2023.1
We invited interested parties to
comment on the Preliminary Results. On
April 3, 2023, Impol and the petitioner
filed case briefs.2 For a complete
description of the events that occurred
after the Preliminary Results, see the
Issues and Decision Memorandum.3
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order 4
The product covered by this Order is
CAAS from Croatia. A full description
of the scope of the Order is contained
in the Issues and Decision
Memorandum.
Final Results of Review
As a result of this review, we
determine the following weightedaverage dumping margin exists for the
POR:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Impol d.o.o./Impol-TLM d.o.o.5 ...
3.76
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with
section 751(a) of the Act and 19 CFR
351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Analysis of Comments Received
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
The issues raised in the parties’ case
shall assess, antidumping duties on all
briefs are addressed in the Issues and
Decision Memorandum and are listed in appropriate entries of subject
merchandise in accordance with the
the appendix to this notice. The Issues
final results of this review.
and Decision Memorandum is a public
Impol’s weighted-average dumping
document and is on-file electronically
margin is not de minimis (i.e., less than
via Enforcement and Compliance’s
0.50 percent). Therefore, Commerce has
Antidumping and Countervailing Duty
calculated importer-specific assessment
Centralized Electronic Service System
rates on the basis of the ratio of the total
(ACCESS). ACCESS is available to
amount of dumping calculated for each
registered users at https://
access.trade.gov. In addition, a complete importer’s examined sales to the total
entered value of those sales.6 Where we
version of the Issues and Decision
did not have entered values for all U.S.
Memorandum can be accessed directly
sales to a particular importer, we have
at https://access.trade.gov/public/
calculated an importer-specific, per-unit
FRNNoticesListLayout.aspx.
assessment rate on the basis of the ratio
Changes Since the Preliminary Results
of the total amount of dumping
Based on the comments received from calculated for the importer’s examined
sales to the total quantity of those sales.
interested parties and our examination
of record information, we made changes To determine whether an importerspecific, per-unit assessment rate is de
to our preliminary dumping margin
minimis, in accordance with 19 CFR
calculation for Impol. For a discussion
351.106(c)(1), we have calculated an
of these changes, see the Issues and
importer-specific ad valorem ratio based
Decision Memorandum.
on estimated entered values. Where an
1 See Common Alloy Aluminum Sheet from
importer-specific ad valorem
Croatia: Preliminary Results of Antidumping Duty
assessment rate is zero or de minimis,
Administrative Review; 2020–2022; 88 FR 13095
we will instruct CBP to liquidate
(March 2, 2023) (Preliminary Results), and
appropriate entries without regard to
accompanying Preliminary Decision Memorandum.
2 See Impol’s Letter, ‘‘Case Brief,’’ dated April 3,
antidumping duties.7
2023; see also Petitioner’s Letter, ‘‘Case Brief,’’
Commerce’s ‘‘reseller policy’’ will
dated April 3, 2023.
apply
to entries of subject merchandise
3
See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2020–
2021 Antidumping Duty Administrative Review of
Common Aluminum Alloy Sheet from Croatia,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
4 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
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final rate calculated for Impol applies to
subject merchandise produced by Impol-TLM d.o.o.
and exported by either Impol-TLM d.o.o. (Croatia)
or Impol d.o.o. (Slovenia).
6 See 19 CFR 351.212(b)(1).
7 See 19 CFR 352.106(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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5 The
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during the POR produced by the
company included in these final results
of review for which the reviewed
company did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instance, 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.8
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 Impol will be equal
to the weighted-average dumping
margin established in the final results of
this review; (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 recentlycompleted 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 recentlycompleted 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 3.19 percent, the all-others rate
established in the less-than-fair-value
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See Order, 86 FR at 22142.
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the 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
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 351.221(b)(5).
Dated: June 29, 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
Appropriately Limited Its Comparison
Market Analysis
Comment 2: Whether Commerce Should
Weight Average and Match Home Market
Sales to U.S. Sales by Month Instead of
Quarter
VI. Recommendation
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
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International Trade Administration
[A–475–838]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From Italy:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
cold-drawn mechanical tubing of carbon
and alloy steel (cold-drawn mechanical
tubing) from Italy with respect to one
exporter/producer of subject
merchandise. The period of review
(POR) is June 1, 2021, through May 31,
2022. Commerce preliminarily finds
that sales of cold-drawn mechanical
tubing from Italy were made at less than
normal value (NV) during the POR. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6274.
SUPPLEMENTARY INFORMATION:
AGENCY:
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 the terms of an APO is
a sanctionable violation.
[FR Doc. 2023–14368 Filed 7–6–23; 8:45 am]
DEPARTMENT OF COMMERCE
Background
On June 11, 2018, Commerce
published the AD order on cold-drawn
mechanical tubing from Italy.1 On
August 9, 2022, Commerce initiated an
administrative review of the Order, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
Act).2 This administrative review covers
one producer/exporter of the subject
merchandise, Dalmine S.p.A.
(Dalmine).3
On February 2, 2023, Commerce
extended the deadline for the
preliminary results until June 30, 2023.4
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China, the Federal Republic of Germany, India,
Italy, the Republic of Korea, and Switzerland:
Antidumping Duty Orders; and Amended Final
Determinations of Sales at Less Than Fair Value for
the People’s Republic of China and Switzerland, 83
FR 26962 (June 11, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459 (August 9, 2022).
3 Id.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 2, 2023.
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43281
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.5
Scope of the Order
The products covered by this Order
are certain cold-drawn mechanical
tubing of carbon and alloy steel from
Italy. For a full description of the scope,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of 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 these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period June 1,
2021, through May 31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Dalmine S.p.A .............................
2.00
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. Pursuant to 19 CFR
351.212(b)(1), if Dalmine’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Cold-Drawn Mechanical Tubing of Carbon and
Alloy Steel from Italy; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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]]>Agencies
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43279-43281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14368]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-891-001]
Common Alloy Aluminum Sheet From Croatia: Final Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on common alloy
aluminum sheet (CAAS) from Croatia. The period of review (POR) is
October 15, 2020, through March 31, 2022. The review covers one
producer/exporter of the subject merchandise, Impol d.o.o./Impol-TLM
d.o.o. (Impol). We determine that sales of subject merchandise by Impol
were made at less than normal value (NV).
DATES: Applicable July 7, 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
[[Page 43280]]
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this review on March
2, 2023.\1\ We invited interested parties to comment on the Preliminary
Results. On April 3, 2023, Impol and the petitioner filed case
briefs.\2\ For a complete description of the events that occurred after
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Croatia: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022; 88 FR
13095 (March 2, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Impol's Letter, ``Case Brief,'' dated April 3, 2023; see
also Petitioner's Letter, ``Case Brief,'' dated April 3, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2020-2021 Antidumping Duty Administrative
Review of Common Aluminum Alloy Sheet from Croatia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
---------------------------------------------------------------------------
The product covered by this Order is CAAS from Croatia. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
The issues raised in the parties' case briefs are addressed in the
Issues and Decision Memorandum and are listed 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/FRNNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties and our
examination of record information, we made changes to our preliminary
dumping margin calculation for Impol. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Impol d.o.o./Impol-TLM d.o.o.\5\........................... 3.76
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ The final rate calculated for Impol applies to subject
merchandise produced by Impol-TLM d.o.o. and exported by either
Impol-TLM d.o.o. (Croatia) or Impol d.o.o. (Slovenia).
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with section 751(a)
of the Act and 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, 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.
Impol's weighted-average dumping margin is not de minimis (i.e.,
less than 0.50 percent). Therefore, Commerce has calculated 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.\6\ Where we did not have entered values
for all U.S. sales to a particular importer, we have calculated 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. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(1), we have calculated an importer-
specific ad valorem ratio based on estimated entered values. 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.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.212(b)(1).
\7\ See 19 CFR 352.106(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).
---------------------------------------------------------------------------
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the company included in these
final results of review for which the reviewed company did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instance, 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.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 Impol will be
equal to the weighted-average dumping margin established in the final
results of this review; (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 3.19 percent, the all-others rate
established in the less-than-fair-value investigation.\9\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order, 86 FR at 22142.
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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
[[Page 43281]]
certificate regarding the reimbursement of antidumping duties prior to
liquidation of the relevant entries during the 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
the 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 351.221(b)(5).
Dated: June 29, 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 Appropriately Limited Its Comparison
Market Analysis
Comment 2: Whether Commerce Should Weight Average and Match Home
Market Sales to U.S. Sales by Month Instead of Quarter
VI. Recommendation
[FR Doc. 2023-14368 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
