Certain Pea Protein From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 62055-62056 [2023-19386]

Download as PDF Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 23, 2023, the petitioners 2 submitted a timely request that Commerce postpone the preliminary determinations in these LTFV investigations to 190 days after the date of initiation of the investigations.3 The petitioners stated that they request postponement due to the size and complexity of the investigations, the extensions of time already granted by Commerce to respondents, and the amount of time that will be needed for Commerce to conduct complete and thorough analyses in these investigations, including the issuance and review of additional supplemental questionnaires.4 For the reasons stated above and because there are no compelling reasons to deny the request for postponement, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than November 24, 2023.5 In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: September 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–19388 Filed 9–7–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P 2 The petitioners are the American Brass Rod Fair Trade Coalition and its constituent members, Mueller Brass Co. and Wieland Chase LLC, U.S. 3 See Petitioners’ Letter, ‘‘Request to Extend Antidumping Preliminary Determinations,’’ dated August 23, 2023. 4 Id. 5 Because the extended deadline for these preliminary determinations falls on a Federal holiday (i.e., November 23, 2023), the deadline becomes 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). VerDate Sep<11>2014 17:30 Sep 07, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of USMCA request for panel review. AGENCY: A Request for Panel Review was filed in the matter of Certain Softwood Lumber from Canada: Final Results of a Final Rescission, in Part, of the Countervailing Duty Administrative Review; 2021 with the U.S. Section of the USMCA Secretariat on August 31, 2023, pursuant to USMCA Article 10.12. The final results of the administrative review were published in the Federal Register on August 1, 2023. The USMCA Secretariat has assigned case number USA–CDA–2023–10.12–01 to this request. FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, 202–482–5438. SUPPLEMENTARY INFORMATION: Article 10.12 of chapter 10 of USMCA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established USMCA Rules of Procedure for Article 10.12 (Binational Panel Reviews), which were adopted by the three governments for panels requested pursuant to article 10.12(2) of USMCA which requires Requests for Panel Review to be published in accordance with Rule 40. For the complete Rules, please see https://canmex-usa-sec.org/secretariat/agreementaccord-acuerdo/usmca-aceum-tmec/ rules-regles-reglas/article-articlearticulo_10_12.aspx?lang=eng. The Rules provide that: (a) A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 44 no later than 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is October 2, 2023); SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 62055 (b) A Party, an investigating authority or other interested person who does not file a Complaint but who intends to participate in the panel review shall file a Notice of Appearance in accordance with Rule 45 no later than 45 days after the filing of the first Request for Panel Review (the deadline for filing a Notice of Appearance is October 16, 2023); (c) The panel review will be limited to the allegations of error of fact or law, including challenges to the jurisdiction of the investigating authority, that are set out in the Complaints filed in the panel review and to the procedural and substantive defenses raised in the panel review. Dated: September 5, 2023. Vidya Desai, U.S. Secretary, USMCA Secretariat. [FR Doc. 2023–19439 Filed 9–7–23; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–155] Certain Pea Protein From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable September 8, 2023. FOR FURTHER INFORMATION CONTACT: Kristen Johnson and Laura Griffith, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793 and (202) 482–6430, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 1, 2023, the U.S. Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain pea protein from the People’s Republic of China.1 Currently, the preliminary determination is due no later than October 5, 2023. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires 1 See Certain Pea Protein from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 52116 (August 7, 2023) (Initiation Notice). E:\FR\FM\08SEN1.SGM 08SEN1 62056 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 29, 2023, the petitioner 2 submitted a timely request that Commerce postpone the preliminary determination in this investigation.3 The petitioner stated that a postponement of the preliminary determination is necessary because the mandatory respondents have not yet submitted initial questionnaire responses and additional time will be needed to review those responses and issue supplemental questionnaires should there be deficiencies.4 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., December 11, 2023.5 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 lotter on DSK11XQN23PROD with NOTICES1 2 The petitioner is PURIS Proteins, LLC. 3 See Petitioner’s Letter, ‘‘Request for Extension of Preliminary Determination Deadline,’’ dated August 29, 2023. 4 Id. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, December 9, 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). VerDate Sep<11>2014 17:30 Sep 07, 2023 Jkt 259001 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: September 1, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–19386 Filed 9–7–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube From Mexico: 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 finds that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) sold light-walled rectangular pipe and tube (LWRPT) from Mexico at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results. DATES: Applicable September 8, 2023. FOR FURTHER INFORMATION CONTACT: Charles Doss or John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4474 and (202) 482–1009, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 5, 2008, Commerce published in the Federal Register the antidumping duty order on LWRPT from Mexico.1 On August 2, 2022, Commerce published in the Federal Register a notice of opportunity to request administrative reviews of the 1 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China and Republic of Korea: Antidumping Duty Orders; LightWalled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Order.2 On October 11, 2022, based on timely requests for review, in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the Order covering 20 companies.3 On January 3, 2023, we selected Maquilacero/TEFLU and Regiopytsa for individual examination as the mandatory respondents in this administrative review.4 Pursuant to section 751(a)(3)(A) of the Act, Commerce extended the deadline for the preliminary results until August 31, 2023.5 For a complete description of the events that followed the initiation of the review, see the Preliminary Decision Memorandum.6 A list of topics included in the Preliminary Decision Memorandum is included in 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 subject to the Order is certain light-walled rectangular pipe and tube from Mexico. The LWRPT subject to the Order is currently classified under the Harmonized Tariff 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 2022). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation Notice). We note that Commerce has previously determined that Regiomontana de Perfiles y Tubos S. de R.L. de C.V. is the successor-in-interest to Regiomontana de Perfiles y Tubos S.A. de C.V. and that Maquilacero and TEFLU comprise a single entity. See, e.g., LightWalled Rectangular Pipe and Tube from Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2018– 2019, 85 FR 83886 (December 23, 2020), and accompanying Preliminary Decision Memorandum at 6, unchanged in Light Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review: 2018– 2019, 86 FR 33646 (June 25, 2021). 4 See Memorandum, ‘‘Respondent Selection,’’ dated January 3, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated April 3, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62055-62056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19386]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-155]


Certain Pea Protein From the People's Republic of China: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable September 8, 2023.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson and Laura Griffith, 
AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 
and (202) 482-6430, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2023, the U.S. Department of Commerce (Commerce) 
initiated a countervailing duty (CVD) investigation of imports of 
certain pea protein from the People's Republic of China.\1\ Currently, 
the preliminary determination is due no later than October 5, 2023.
---------------------------------------------------------------------------

    \1\ See Certain Pea Protein from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 88 FR 52116 (August 
7, 2023) (Initiation Notice).
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Postponement of Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires

[[Page 62056]]

Commerce to issue the preliminary determination in a CVD investigation 
within 65 days after the date on which Commerce initiated the 
investigation. However, section 703(c)(1) of the Act permits Commerce 
to postpone the preliminary determination until no later than 130 days 
after the date on which Commerce initiated the investigation if: (A) 
the petitioner makes a timely request for a postponement; or (B) 
Commerce concludes that the parties concerned are cooperating, that the 
investigation is extraordinarily complicated, and that additional time 
is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reasons for the request. Commerce will grant the 
request unless it finds compelling reasons to deny the request.
    On August 29, 2023, the petitioner \2\ submitted a timely request 
that Commerce postpone the preliminary determination in this 
investigation.\3\ The petitioner stated that a postponement of the 
preliminary determination is necessary because the mandatory 
respondents have not yet submitted initial questionnaire responses and 
additional time will be needed to review those responses and issue 
supplemental questionnaires should there be deficiencies.\4\
---------------------------------------------------------------------------

    \2\ The petitioner is PURIS Proteins, LLC.
    \3\ See Petitioner's Letter, ``Request for Extension of 
Preliminary Determination Deadline,'' dated August 29, 2023.
    \4\ Id.
---------------------------------------------------------------------------

    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., December 11, 2023.\5\ 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.
---------------------------------------------------------------------------

    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, December 9, 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).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19386 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P

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