Certain Pasta from Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021, 45886-45888 [2023-15123]
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45886
Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Indicators Division, (301) 763–7062,
carol.ann.aristone@census.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The U.S. Census Bureau plans to
request an extension of the current
Office of Management and Budget
(OMB) clearance of the Manufacturers’
Shipments, Inventories and Orders (M3)
survey. The M3 survey requests data
monthly from domestic manufacturers
on form M–3 (SD). Data requested are
shipments, new orders, unfilled orders,
total inventory, materials and supplies,
work-in-process, and finished goods.
The M3 survey is designed to measure
current industrial activity and to
provide an indication of future
production commitments. The value of
shipments measures the value of goods
delivered during the month by domestic
manufacturers. Estimates of new orders
serve as an indicator of future
production commitments and represent
the current sales value of new orders
received during the month, net of
cancellations. Substantial accumulation
or depletion of unfilled orders measures
excess or deficient demand for
manufactured products. The level of
inventories, especially in relation to
shipments, is frequently used to monitor
the business cycle, by calculating the
inventories to sales ratio. In general, a
low ratio indicates strong shipments. A
high ratio indicates weaker shipments
or accumulation of inventories in stock.
In October 2021, we accelerated total
manufacturing and the nondurable
manufacturing aggregate estimates to the
same time as the Advance Report on
Durable Goods Manufacturers’
Shipments, Inventories and Orders by
creating an advance high-level report of
total manufacturing. This exception to
the normal procedure was initially
approved by Office of Management and
Budget (OMB) in September 2021 and
has been subsequently extended
annually through means of a separately
submitted memo. This exception has
permitted the public release of
preliminary monthly data on shipments
and inventories of total manufacturing
under the provisions of the OMB’s
Statistical Policy Directive No. 3 on the
Compilation, Release and Evaluation of
Principal Federal Economic Indicators.
The Census Bureau will request that
provisions for the early release of total
manufacturing shipments and
inventories be included in the
clearance, thereby eliminating the need
for a separate annual re-approval from
OMB for the early release. Currently, the
Advance report on Durable goods is
available approximately 18 working
days after each month, with the Full
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19:16 Jul 17, 2023
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report available approximately 23
working days after each month.
Accelerating the nondurable release
provides data users with early access to
total manufacturing estimates ahead of
the Full Report, giving them an early
snapshot of the direction of this critical
indicator. Additionally, in September
2024 we plan to include additional
nondurable goods industry level data, to
provide more detail estimates at the
advance time.
II. Method of Collection
Respondents may submit the form via
mail, fax, or the internet. We send
emails and make telephone calls to
respondents to remind them to report on
time.
OMB Control Number: 0607–0008.
Form Number(s): M–3 (SD).
Type of Review: Regular submission,
Request for an Extension of a Currently
Approved Collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
5,000 respondents filing a total of
60,000 reports a year.
Estimated Time per Response: 20
minutes.
Estimated Total Annual Burden
Hours: 20,000.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C. 131,
182, and 193.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
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request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–15186 Filed 7–17–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–475–819]
Certain Pasta from Italy: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to certain
producers and exporters of certain pasta
(pasta) from Italy during the period of
review (POR) January 1, 2021, through
December 31, 2021. Additionally,
Commerce is rescinding the review with
respect to two companies. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable July 18, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1395.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1998, Commerce
published in the Federal Register the
countervailing duty order on pasta from
Italy.1 On September 6, 2022, Commerce
published in the Federal Register the
1See Notice of Countervailing Duty Order and
Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta from Italy, 61 FR
38544 (July 24, 1996) (Order).
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Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
notice of initiation of an administrative
review of the Order.2 We initiated an
administrative review of four producers/
exporters of pasta from Italy for the
POR. On March 22, 2023, Commerce
extended the deadline for the
preliminary results of this
administrative review to no later than
July 11, 2023.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
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.
Scope of the Order
The merchandise covered by this
Order is pasta from Italy. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.5
ddrumheller on DSK120RN23PROD with NOTICES1
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
timely-filed withdrawal requests with
respect to: (1) Pastificio Mediterranea
S.R.L.; 6 and (2) Pastificio Favellato Srl.7
Because the withdrawal requests were
timely filed, and no other parties
requested a review of these companies,
in accordance with 19 CFR
2See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463, 54473 (September 6, 2022).
3See Memorandum, ‘‘ Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated March 22, 2023.
4See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review: Certain Pasta from Italy,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5Id.
6See Pastificio Mediterranea S.R.L.’s letter,
‘‘Withdrawal of Request for Administrative Review
on Behalf of Pastificio Mediterranea S.R.L,’’ dated
October 31, 2022.
7See Pastificio Favetello Srl’s letter, ‘‘Withdraw
Request for Administrative Review,’’ dated
November 2, 2022.
VerDate Sep<11>2014
19:16 Jul 17, 2023
Jkt 259001
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
these two companies.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found to be countervailable,
we preliminarily determine that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.8 For a full
description of the methodology, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist for
the period January 1, 2021, through
December 31, 2021:
Subsidy rate
(percent ad
valorem)
Company
Pastificio Gentile S.R.L. ........
Sgambaro SpA. ....................
1.79
1.79
Preliminary Rate for Non-Selected
Companies Under Review
There is one company for which a
review was requested and not
rescinded, and which was not selected
as a mandatory respondent or found to
be cross-owned with a mandatory
respondent. The statute and
Commerce’s regulations do not directly
address the establishment of rates to be
applied to companies not selected for
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the
preliminary rate calculated for Pastificio
Gentile S.r.l. (Gentile), the sole
mandatory respondent, was not zero, de
8See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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45887
minimis, or based entirely on facts
available. Therefore, for the company
for which a review was requested that
was not selected as a mandatory
company respondent, and for which
Commerce did not receive a timely
request for withdrawal of review, we are
applying to the non-selected company
the net subsidy rate calculated for
Gentile.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the
Act, Commerce intends, upon
publication of the final results, to
instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits
of estimated countervailing duties in the
amounts shown for each of the
respondents listed above on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final
results, Commerce shall determine, and
CBP shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
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Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i).
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for the final
results of review.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
reaching the preliminary results within
five days of publication of these
preliminary results, in accordance with
19 CFR 351.224(b).9
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
Case briefs or other written
documents may be submitted to the
Assistant Secretary for Enforcement and
Compliance.10 A timeline for the
submission of case and rebuttal briefs
and written comments will be provided
to interested parties at a later date.
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case or
rebuttal briefs in this administrative
review 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.11 All briefs must be filed
electronically using ACCESS. Note that
Commerce has temporarily modified
certain of its requirements for service
documents containing business
proprietary information, until further
notice.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice. Hearing
requests should contain the party’s
9 See
19 CFR 351.224(b).
10 See 19 CFR 351.309(c)–(d).
11 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
19:16 Jul 17, 2023
Jkt 259001
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, parties
will be notified of the date and time for
the hearing to be determined.
Final Results
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: July 11, 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
V. Non-Selected Companies Under Review
V.Partial Rescission of Administrative
Review
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII.Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–15123 Filed 7–17–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Amended Trade Mission Application
Deadline and Updated Schedule to the
Executive-Led Cybersecurity Business
Development Mission to Taiwan, South
Korea, and Japan
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Department
of Commerce, International Trade
Administration (ITA), is organizing an
SUMMARY:
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Fmt 4703
Sfmt 4703
Executive-Led Cybersecurity Business
Development Mission to Taiwan, South
Korea, and Japan on September 18–26,
2023. This notice is to update the prior
Federal Register notice to reflect that
the application deadline is now
extended to July 21, 2023 and the
proposed timetable has been updated to
include additional events.
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.
Pompeya Lambrecht, Senior
International Trade Specialist, U.S.
Commercial Service, Arlington, VA,
(703) 235–0102, pompeya.lambrecht@
trade.gov.
Gemal Brangman, Director, Trade
Events Management Task Force,
Washington, DC, (202) 482–3773,
gemal.Brangman@trade.gov.
SUPPLEMENTARY INFORMATION:
Amendment to Revise the Trade
Mission Deadline for Submitting
Applications and Updated Schedule.
Background
Executive-Led Cybersecurity Business
Development Mission to Taiwan, South
Korea, and Japan
The International Trade
Administration has determined that to
allow for optimal execution of
recruitment the application deadline
has been extended from June 23, 2023,
to July 21, 2023. Applications may be
accepted after that date if space remains
and scheduling constraints permit.
Interested U.S. companies and trade
associations/organizations that have not
already submitted an application are
encouraged to do so. The U.S.
Department of Commerce will review
applications and make selection
decisions on a rolling basis in
accordance with the 88 FR 39224 (June
15, 2023). The applicants selected will
be notified as soon as possible. The
proposed schedule is updated as
follows:
Proposed Timetable
* Note: The final schedule and
potential site visits will depend on the
availability of host government,
authorities and business officials;
specific goals of mission participants;
and ground transportation.
E:\FR\FM\18JYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45886-45888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15123]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta from Italy: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of certain pasta (pasta) from Italy during the
period of review (POR) January 1, 2021, through December 31, 2021.
Additionally, Commerce is rescinding the review with respect to two
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 18, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1998, Commerce published in the Federal Register the
countervailing duty order on pasta from Italy.\1\ On September 6, 2022,
Commerce published in the Federal Register the
[[Page 45887]]
notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of four producers/exporters of pasta
from Italy for the POR. On March 22, 2023, Commerce extended the
deadline for the preliminary results of this administrative review to
no later than July 11, 2023.\3\
---------------------------------------------------------------------------
\1\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta from
Italy, 61 FR 38544 (July 24, 1996) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54473 (September 6, 2022).
\3\ See Memorandum, `` Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
22, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Certain Pasta
from Italy,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests with respect to: (1) Pastificio Mediterranea
S.R.L.; \6\ and (2) Pastificio Favellato Srl.\7\ Because the withdrawal
requests were timely filed, and no other parties requested a review of
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to these two
companies.
---------------------------------------------------------------------------
\6\ See Pastificio Mediterranea S.R.L.'s letter, ``Withdrawal of
Request for Administrative Review on Behalf of Pastificio
Mediterranea S.R.L,'' dated October 31, 2022.
\7\ See Pastificio Favetello Srl's letter, ``Withdraw Request
for Administrative Review,'' dated November 2, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\8\ For a full description of the
methodology, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist for the period January 1, 2021,
through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Pastificio Gentile S.R.L................................ 1.79
Sgambaro SpA............................................ 1.79
------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
There is one company for which a review was requested and not
rescinded, and which was not selected as a mandatory respondent or
found to be cross-owned with a mandatory respondent. The statute and
Commerce's regulations do not directly address the establishment of
rates to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rate calculated for Pastificio Gentile S.r.l. (Gentile),
the sole mandatory respondent, was not zero, de minimis, or based
entirely on facts available. Therefore, for the company for which a
review was requested that was not selected as a mandatory company
respondent, and for which Commerce did not receive a timely request for
withdrawal of review, we are applying to the non-selected company the
net subsidy rate calculated for Gentile.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respondents listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on
[[Page 45888]]
all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for the final results of review.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).\9\
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\9\ See 19 CFR 351.224(b).
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Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\10\ A timeline for
the submission of case and rebuttal briefs and written comments will be
provided to interested parties at a later date.
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\10\ See 19 CFR 351.309(c)-(d).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case or rebuttal briefs in this administrative review 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.\11\ All briefs
must be filed electronically using ACCESS. Note that Commerce has
temporarily modified certain of its requirements for service documents
containing business proprietary information, until further notice.\12\
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\11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety by 5:00 p.m. Eastern Time,
within 30 days after the date of publication of this notice. Hearing
requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, parties will be notified of the date and
time for the hearing to be determined.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 11, 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
V. Non-Selected Companies Under Review
V.Partial Rescission of Administrative Review
VI. Use of Facts Otherwise Available and Adverse Inferences
VII.Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-15123 Filed 7-17-23; 8:45 am]
BILLING CODE 3510-DS-P
