Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 43295-43297 [2023-14395]
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
38. Venkata Sri Balaji Quartz Surfaces
[FR Doc. 2023–14396 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–913]
Certain Non-Refillable Steel Cylinders
From India: Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Zachariah Hall, 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) 482–6241 or
(202) 482–6261, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On May 17, 2023, the U.S.
Department of Commerce (Commerce)
initiated a countervailing duty (CVD)
investigation of imports of certain nonrefillable steel cylinders (cylinders)
from India.1 Currently, the preliminary
determination is due no later than July
21, 2023.
Postponement of Preliminary
Determination
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
1 See Certain Non-Refillable Steel Cylinders From
India: Initiation of Countervailing Duty
Investigation, 88 FR 33580 (May 24, 2023)
(Initiation Notice).
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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 26, 2023, the petitioner in
this CVD investigation 2 submitted a
timely request that Commerce postpone
the preliminary determination.3 The
petitioner stated that Commerce needs
additional time to collect and analyze
questionnaire responses from the
Government of India (GOI) and the
mandatory respondents in this
investigation.4 Additionally, the
petitioner stated that the additional time
will: (1) permit the petitioner to review
data submitted by the GOI and the
respondents; and (2) allow Commerce to
request additional or clarifying
information as necessary, as well as
determine the extent to which
countervailable subsidies have benefited
the respondents.5
In accordance with 19 CFR
351.205(e), the petitioner has stated the
reasons for requesting a postponement
of the preliminary determination, 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
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
September 25, 2023.6 Pursuant to
section 705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: June 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–14427 Filed 7–6–23; 8:45 am]
BILLING CODE 3510–DS–P
petitioner is Worthington Industries.
Petitioner’s Letter, ‘‘Petitioner’s Request to
Postpone Preliminary Determination,’’ dated June
26, 2023.
4 Id.
5 Id.
6 Postponing the preliminary determination to
130 days after the date of initiation would place the
deadline 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. 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).
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2 The
3 See
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43295
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from India was sold in the United States
at less than normal value (NV) during
the period of review (POR) of June 1,
2021, through May 31, 2022.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Samantha Kinney, 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) 482–0607 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 11, 2018, Commerce
published the antidumping duty (AD)
order on cold-drawn mechanical tubing
from India.1 On August 9, 2022, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering two producers/exporters,
Goodluck India Limited (Goodluck) and
Tube Products of India, Ltd., a unit of
Tube Investments of India Limited
(collectively, TII).2
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on January 17, 2023, Commerce
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); see also Certain ColdDrawn Mechanical Tubing of Carbon and Alloy
Steel from India: Notice of Second Amended Final
Determination; Notice of Amended Order; Notice of
Resumption of First and Reinitiation of Second
Antidumping Duty Administrative Reviews; Notice
of Opportunity for Withdrawal; and Notice of
Assessment in Third Antidumping Duty
Administrative Review, 86 FR 74069 (December 29,
2021) (collectively, Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
48459 (August 9, 2022) (Initiation Notice).
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Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review until June 30, 2023.3
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 The
Preliminary Decision Memorandum is a
public document and is available via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Verification
On November 8, 2022, the petitioners,
ArcelorMittal Tubular Products LLC,
Michigan Seamless Tube, LLC, PTC
Alliance Corp., Webco Industries, Inc.,
and Zekelman Industries, timely
requested that Commerce conduct
verification of Goodluck’s responses.5
Moreover, no verification was
conducted during the two immediately
preceding reviews of Goodluck.
Therefore, Commerce intends to verify
the information that Commerce relies
upon for the final results with respect to
Goodluck, as provided in section
782(i)(3) of the Act.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties with an
Administrative Protective Order within
five days of the date of publication of
Scope of the Order
these preliminary results in accordance
The merchandise covered by the
with 19 CFR 351.224(b).
Case briefs or other written comments
Order is cold-drawn mechanical tubing
may be submitted to Commerce. A
from India. For a complete description
timeline for the submission of case
of the scope of the Order, see the
briefs and written comments will be
Preliminary Decision Memorandum.
provided to interested parties at a later
Methodology
date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
Commerce is conducting this
later than seven days after the date for
administrative review in accordance
6
with section 751(a) of the Act. For a full filing case briefs. Parties who submit
case
briefs
or
rebuttal
briefs in this
description of the methodology
proceeding are encouraged to submit
underlying these preliminary results,
with each argument: (1) a statement of
see the Preliminary Decision
Memorandum. A list of topics discussed the issue; (2) a brief summary of the
argument; and (3) a table of authorities.7
in the Preliminary Decision
Case and rebuttal briefs should be filed
Memorandum is attached as an
using ACCESS.8
appendix to this notice.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Preliminary Results
hearing must submit a written request to
We preliminarily determine the
the Assistant Secretary for Enforcement
following weighted-average dumping
and Compliance, U.S. Department of
margins for the period June 1, 2021,
Commerce, filed electronically via
through May 31, 2022:
ACCESS, within 30 days after the date
of publication of this notice. Requests
Weighted- should contain: (1) the party’s name,
average
address, and telephone number; (2) the
Exporter/producer
dumping
number of participants; and (3) a list of
margin
issues parties intend to discuss. Issues
(percent)
raised in the hearing will be limited to
Goodluck India Limited ...............
0.58 those raised in the respective case and
ddrumheller on DSK120RN23PROD with NOTICES1
Tube Products of India, Ltd., a
unit of Tube Investments of
India Limited ............................
3.50
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated January
17, 2023.
4 See Memorandum, ‘‘Certain Cold-Drawn
Mechanical Tubing of Carbon and Alloy Steel from
India: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review; 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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5 See Petitioners’ Letter, ‘‘Petitioners’ Verification
Request for Goodluck,’’ dated November 8, 2022.
6 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020) (‘‘To provide adequate time for
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications remain in effect).’’); and Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.303(f).
PO 00000
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rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold a
hearing at a time and date to be
determined.9 Parties should confirm the
date, time, and location of the hearing
two days before the scheduled date.
An electronically filed document
must be received successfully in its
entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time on the date that the
document is due. Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.10
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
this deadline is extended.11
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this administrative
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For an individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review,
Commerce intends to calculate an
importer-specific assessment rate based
on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those sales, in accordance with
19 CFR 351.212(b)(1). Where we do not
have entered values for all U.S. sales to
a particular importer/customer, we will
calculate a per-unit assessment rate by
aggregating the antidumping duties due
for all U.S. sales to that importer (or
customer) and dividing this amount by
the total quantity sold to that importer
9 See
19 CFR 351.310(d).
Temporary Rule.
11 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
10 See
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(or customer).12 We intend to instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.50 percent). To
determine whether the duty assessment
rates are de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we calculate importer- (or
customer-) specific ad valorem ratios
based on the estimated entered value.
Where either a respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or customer) specific ad valorem rate is zero or de
minimis in the final results of review,
we intend to instruct CBP to liquidate
the appropriate entries without regard to
antidumping duties.13
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by the respondents
for which they did not know that the
merchandise was destined for the
United States, we intend to instruct CBP
to liquidate those entries at the allothers rate in the original less-than-fairvalue (LTFV) investigation.14 if there is
no rate for the intermediate
company(ies) involved in the
transaction.15
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
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 the companies listed
above will be that established in the
final results of this administrative
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 covered in this review,
the cash deposit rate will continue to be
the company-specific cash deposit rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the underlying
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) the cash deposit rate for all other
producers or exporters will continue to
be 5.87 percent, the all-others rate
established in the LTFV investigation.16
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–14395 Filed 7–6–23; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
12 See
19 CFR 351.212(b)(1).
13 See 19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012).
14 See Order, 83 FR at 26965.
15 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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BILLING CODE 3510–DS–P
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16 See
Order, 83 FR at 26965.
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43297
DEPARTMENT OF COMMERCE
International Trade Administration
Announcement of Approved
International Trade Administration
Trade Mission
International Trade
Administration, Department of
Commerce.
SUMMARY: The United States Department
of Commerce, International Trade
Administration (ITA), is announcing
one upcoming trade mission that will be
recruited, organized, and implemented
by ITA. This mission is: Financial
Technologies Business Development
Mission to Singapore and Japan, with an
optional stop in South Korea—
November 13–20, 2023. A summary of
the mission is found below. Application
information and more detailed mission
information, including the commercial
setting and sector information, can be
found at the trade mission website:
https://www.trade.gov/trade-missions.
For each mission, recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://www.trade.gov/trademissions-schedule) and other internet
websites, press releases to general and
trade media, direct mail, broadcast fax,
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Odum, Events Management Task
Force, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–6397 or email Jeffrey.Odum@
trade.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Following Conditions for
Participation Will Be Used for the
Mission
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on their
products and/or services, primary
market objectives, and goals for
participation that is adequate to allow
the Department of Commerce to
evaluate their application. If the
Department of Commerce receives an
incomplete application, the Department
of Commerce may either: reject the
application, request additional
information/clarification, or take the
lack of information into account when
evaluating the application. If the
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]]>Agencies
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43295-43297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14395]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-873]
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel
From India: Preliminary Results of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain cold-drawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical tubing) from India was sold in the
United States at less than normal value (NV) during the period of
review (POR) of June 1, 2021, through May 31, 2022.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, 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) 482-0607 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the antidumping duty (AD)
order on cold-drawn mechanical tubing from India.\1\ On August 9, 2022,
in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order, covering two producers/exporters,
Goodluck India Limited (Goodluck) and Tube Products of India, Ltd., a
unit of Tube Investments of India Limited (collectively, TII).\2\
---------------------------------------------------------------------------
\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); see also Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice
of Second Amended Final Determination; Notice of Amended Order;
Notice of Resumption of First and Reinitiation of Second Antidumping
Duty Administrative Reviews; Notice of Opportunity for Withdrawal;
and Notice of Assessment in Third Antidumping Duty Administrative
Review, 86 FR 74069 (December 29, 2021) (collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022) (Initiation
Notice).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on January 17, 2023, Commerce
[[Page 43296]]
determined that it was not practicable to complete the preliminary
results of this review within 245 days and extended the deadline for
the preliminary results of this review until June 30, 2023.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated January 17, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is
available via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is cold-drawn mechanical
tubing from India. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period June 1, 2021, through May 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Goodluck India Limited...................................... 0.58
Tube Products of India, Ltd., a unit of Tube Investments of 3.50
India Limited..............................................
------------------------------------------------------------------------
Verification
On November 8, 2022, the petitioners, ArcelorMittal Tubular
Products LLC, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman Industries, timely requested that
Commerce conduct verification of Goodluck's responses.\5\ Moreover, no
verification was conducted during the two immediately preceding reviews
of Goodluck. Therefore, Commerce intends to verify the information that
Commerce relies upon for the final results with respect to Goodluck, as
provided in section 782(i)(3) of the Act.
---------------------------------------------------------------------------
\5\ See Petitioners' Letter, ``Petitioners' Verification Request
for Goodluck,'' dated November 8, 2022.
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties with an
Administrative Protective Order within five days of the date of
publication of these preliminary results in accordance with 19 CFR
351.224(b).
Case briefs or other written comments may be submitted to Commerce.
A timeline for the submission of case briefs and written comments will
be provided to interested parties at a later date. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\6\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using ACCESS.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).''); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues parties intend to discuss. Issues raised in
the hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\9\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\9\ See 19 CFR 351.310(d).
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An electronically filed document must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time on the date that the document is due. Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\10\
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\10\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\11\
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\11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review. Commerce intends
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of the final results of this administrative
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, Commerce intends to calculate an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those sales, in accordance with 19 CFR
351.212(b)(1). Where we do not have entered values for all U.S. sales
to a particular importer/customer, we will calculate a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and dividing this amount by the
total quantity sold to that importer
[[Page 43297]]
(or customer).\12\ We intend to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis (i.e., 0.50 percent). To determine
whether the duty assessment rates are de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculate
importer- (or customer-) specific ad valorem ratios based on the
estimated entered value. Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer- (or customer-)
specific ad valorem rate is zero or de minimis in the final results of
review, we intend to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
those entries at the all-others rate in the original less-than-fair-
value (LTFV) investigation.\14\ if there is no rate for the
intermediate company(ies) involved in the transaction.\15\
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\14\ See Order, 83 FR at 26965.
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise 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 the companies listed above will be that
established in the final results of this administrative 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 covered in this review, the cash deposit rate will
continue to be the company-specific cash deposit rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the underlying 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) the cash deposit rate for all other producers or
exporters will continue to be 5.87 percent, the all-others rate
established in the LTFV investigation.\16\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Order, 83 FR at 26965.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-14395 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
