Methionine From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 69616-69618 [2023-22237]
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lotter on DSK11XQN23PROD with NOTICES1
69616
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
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Elizabeth Husain,
Acting Executive Director, SelectUSA.
[FR Doc. 2023–22260 Filed 10–5–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–822]
Methionine From Spain: 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 Adisseo Espan˜a S.A. (Adisseo
Espan˜a) made sales of methionine from
Spain at less than normal value (NV)
during the period of review (POR)
March 4, 2021, through August 31,
2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Bremer, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4987.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2022, Commerce
published in the Federal Register a
notice of opportunity 1 to request an
administrative review of the
antidumping duty (AD) order on
methionine from Spain.2 On November
3, 2022, based on a timely request for an
administrative review,3 Commerce
initiated an administrative review with
respect to Adisseo Espan˜a.4
On May 22, 2023, in accordance with
section 751(a)(3)(A) of the Tariff Act of
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 53719, 53720 (September
1, 2022).
2 See Methionine from Japan and Spain:
Antidumping Duty Orders, 86 FR 51119 (September
14, 2021) (Order).
3 See Adisseo Espan
˜ a’s Letter, ‘‘Adisseo Espan˜a
S.A. and Adisseo USA Inc.’s Request for
Administrative Review,’’ dated September 30, 2022.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275, 66278 (November 3, 2022), and amended by
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, 53 n.5 (January
3, 2023).
1930, as amended (the Act), and 19 CFR
351.213(h)(2), Commerce extended the
deadline for completing these
preliminary results to September 29,
2023.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
A list of the topics included 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 the
scope of the Order is methionine from
Spain. A complete description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.7
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Constructed export price is
calculated in accordance with section
772 of the Act and 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.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
March 4, 2021, through August 31,
2022:
Producer or exporter
1 See
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Fmt 4703
Sfmt 4703
Adisseo Espan˜a S.A ...................
Weightedaverage
dumping
margin
(percent)
35.59
5 See Memorandum, ‘‘Methionine from Spain:
Extension of Deadline for the Preliminary Results
of the 2021–2022 Antidumping Duty
Administrative Review,’’ dated May 22, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review; 2021–2022: Methionine
from Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 Id.
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify certain
information reported by Adisseo Espan˜a
prior to issuing its final results.
Disclosure and Public Comment
Commerce will disclose calculations
performed in connection with these
preliminary results to interested parties
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Interested parties may submit case
briefs or other written comments no
later than seven days after the date on
which the last verification report is
issued in this administrative review.8
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.9 Parties who submit case 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, within 30
days of 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 to be discussed.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. An
electronically-filed hearing request must
be received successfully in its entirety
via ACCESS by 5:00 p.m. Eastern Time
on the established deadline. If a request
for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.10 Parties should
confirm the date, time, and location of
the hearing two days before the
scheduled date.
All submissions should be filed using
ACCESS 11 and must be served on
interested parties.12 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.13
lotter on DSK11XQN23PROD with NOTICES1
8 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d); see also See Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
10 See 19 CFR 351.310(d).
11 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
12 See 19 CFR 351.303(f).
13 See Temporary Rule.
9 See
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69617
Final Results of Review
Cash Deposit Requirements
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
and rebuttal briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless
extended.
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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 Adisseo Espan˜a
will be equal to the weighted-average
dumping margin 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 listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the LTFV investigation but
the producer is, 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 the all-others rate of
37.53 percent, established in the LTFV
investigation of this proceeding.18
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Assessment Rates
Upon issuing the final results of this
review, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.14 If the weighted-average
dumping margin for Adisseo Espan˜a is
not zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
Where either the respondent’s weightedaverage dumping margin or an importerspecific rate is zero or de minimis
within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.15
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Adisseo Espan˜a
for which the producer did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate, i.e., 37.53 percent determined in
the less-than-fair-value (LTFV)
investigation,16 if there is no rate for the
intermediate company (or companies)
involved in the transaction.17
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).
14 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
16 See Order, 86 FR at 51120.
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
15 See
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Frm 00008
Fmt 4703
Sfmt 4703
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this 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.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2) and
351.221(b)(4).
18 See
E:\FR\FM\06OCN1.SGM
Order, 86 FR at 51120.
06OCN1
69618
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
Dated: September 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. 2023–22237 Filed 10–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; and
Rescission, in Part; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the U.S. Department
of Commerce (Commerce) is conducting
an administrative review of the
antidumping duty order on wooden
bedroom furniture (WBF) from the
People’s Republic of China (China)
covering the period of review (POR)
January 1, 2022, through December 31,
2022. Commerce has preliminarily
determined that the sole mandatory
respondent under review, VidaXL
Ningbo Industry Co., Ltd. (aka vidaXL
Ningbo Industry Co., Ltd.) (VidaXL), is
not eligible for a separate rate and is
part of the China-wide entity.
Commerce is also rescinding this review
with respect to all companies under
review, except VidaXL, because all
requests to review these companies have
been timely withdrawn. We invite
interested parties to comment on these
preliminary results of review.
DATES: Applicable October 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On January 3, 2023, Commerce
published in the Federal Register a
notice of opportunity to request an
VerDate Sep<11>2014
17:00 Oct 05, 2023
Jkt 262001
administrative review of the
antidumping duty order on WBF from
China.1 After receiving review
requests,2 Commerce initiated this
review.3 With the exception of VidaXL,
which requested a review of itself, all
other parties timely withdrew their
review requests in their entirety.4 On
July 25, 2023, we issued the initial
questionnaire to VidaXL.5 On August
25, 2023, VidaXL explained that it ‘‘has
determined it cannot adequately
provide {Commerce} with the
information it has requested under the
deadlines imposed by {Commerce}.’’ 6
Scope of the Order 7
The product covered by the Order is
WBF, subject to certain exceptions.
Imports of subject merchandise are
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 9403.50.9041,
9403.50.9042, 9403.50.9045,
9403.50.9080, 9403.91.0005,
9403.91.0010, 9403.91.0080,
7009.92.1090 or 7009.92.5095. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the Order is dispositive.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 45 (January 3, 2023),
corrected by Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review and
Join Annual Inquiry Service List, 88 FR 10292
(February 17, 2023); see also Notice of Amended
Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order: Wooden
Bedroom Furniture from the People’s Republic of
China, 70 FR 329 (January 4, 2005) (Order).
2 See American Furniture Manufacturers
Committee for Legal Trade and Vaughan-Bassett
Furniture Company, Inc.’s (the petitioners) Letter,
‘‘Request For Initiation Of Administrative Review,’’
dated January 31, 2023; see also VidaXL’s Letter,
‘‘VidaXL Ningbo’s Request for Administrative
Review,’’ dated January 31, 2023; and Guangzhou
Maria Yee Furnishings Ltd., Pyla HK Limited, and
Maria Yee, Inc’s (collectively, Maria Yee) Letter,
‘‘Maria Yee’s Request for Administrative Review
and Request for Voluntary Respondent Treatment,’’
dated January 27, 2023.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
15642 (March 14, 2023) (Initiation Notice).
4 See Maria Yee’s, Letter, ‘‘Maria Yee’s
Withdrawal of Request for Review,’’ dated May 30,
2023; see also Petitioners’ Letter, ‘‘Withdrawal Of
Request For Administrative Review,’’ dated May 26,
2023.
5 See Commerce’s Letter, ‘‘Request for
Information,’’ dated July 25, 2023 (Initial
Questionnaire).
6 See VidaXL’s Letter, ‘‘Response to the
Department’s July 25, 2023 Questionnaire,’’ dated
August 25, 2023.
7 For a complete description of the scope of the
Order, see Wooden Bedroom Furniture from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; and
Final Determination of No Shipments; 2021, 88 FR
8405 (February 9, 2023).
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Frm 00009
Fmt 4703
Sfmt 4703
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213.
Separate Rate
In the Initiation Notice, we informed
parties that all firms for which a nonmarket economy review was initiated
that wished to qualify for separate rate
status must complete, as appropriate,
either a separate rate application or a
separate rate certification.8 We also
informed parties that firms that
submitted a separate rate application or
a separate rate certification that are
subsequently selected as mandatory
respondents, would not be eligible for
separate rate status unless they
responded to all parts of the initial
questionnaire that Commerce issued to
them as mandatory respondents.9 After
VidaXL submitted a separate rate
application, Commerce selected VidaXL
as the sole mandatory respondent in this
review. As noted above, VidaXL failed
to respond to Commerce’s initial
questionnaire. Consistent with
Commerce’s practice in such situations,
as described in the Initiation Notice, and
because VidaXL ceased responding to
Commerce’s requests for information,
Commerce has preliminarily determined
that VidaXL did not establish its
eligibility for separate rate status, and is
part of the China-wide entity.
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.10 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, and
Commerce has not self-initiated a
review of the entity, the entity is not
under review and the weighted-average
dumping margin assigned to the Chinawide entity is not subject to change as
a result of this administrative review.
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 a party that requested a review,
withdraws its request within 90 days of
the date of publication of the notice of
8 See
Initiation Notice, 88 FR at 15643–44.
at 15644.
10 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 Id.
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Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69616-69618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22237]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-822]
Methionine From Spain: 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 finds
that Adisseo Espa[ntilde]a S.A. (Adisseo Espa[ntilde]a) made sales of
methionine from Spain at less than normal value (NV) during the period
of review (POR) March 4, 2021, through August 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 6, 2023.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4987.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce published in the Federal Register a
notice of opportunity \1\ to request an administrative review of the
antidumping duty (AD) order on methionine from Spain.\2\ On November 3,
2022, based on a timely request for an administrative review,\3\
Commerce initiated an administrative review with respect to Adisseo
Espa[ntilde]a.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 53719, 53720
(September 1, 2022).
\2\ See Methionine from Japan and Spain: Antidumping Duty
Orders, 86 FR 51119 (September 14, 2021) (Order).
\3\ See Adisseo Espa[ntilde]a's Letter, ``Adisseo Espa[ntilde]a
S.A. and Adisseo USA Inc.'s Request for Administrative Review,''
dated September 30, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275, 66278 (November 3, 2022), and
amended by Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, 53 n.5 (January 3, 2023).
---------------------------------------------------------------------------
On May 22, 2023, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2),
Commerce extended the deadline for completing these preliminary results
to September 29, 2023.\5\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Methionine from Spain: Extension of
Deadline for the Preliminary Results of the 2021-2022 Antidumping
Duty Administrative Review,'' dated May 22, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review; 2021-2022:
Methionine from Spain,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
A list of the topics included 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 the scope of the Order is methionine
from Spain. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price is calculated in accordance
with section 772 of the Act and 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.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period March 4, 2021, through
August 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Adisseo Espa[ntilde]a S.A................................... 35.59
------------------------------------------------------------------------
[[Page 69617]]
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify certain information reported by Adisseo Espa[ntilde]a prior to
issuing its final results.
Disclosure and Public Comment
Commerce will disclose calculations performed in connection with
these preliminary results to interested parties within five days of the
date of publication of this notice, in accordance with 19 CFR
351.224(b).
Interested parties may submit case briefs or other written comments
no later than seven days after the date on which the last verification
report is issued in this administrative review.\8\ 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.\9\ Parties who submit
case or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also See Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, within 30 days of 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 to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. An electronically-filed
hearing request must be received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time on the established deadline. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\10\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(d).
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All submissions should be filed using ACCESS \11\ and must be
served on interested parties.\12\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\
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\11\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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Final Results of Review
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case and rebuttal briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act, unless extended.
Assessment Rates
Upon issuing the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\ If the weighted-average dumping margin for Adisseo
Espa[ntilde]a is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate importer-
specific ad valorem assessment rates for the merchandise based on the
ratio of the total amount of dumping calculated for the examined sales
made during the POR to each importer and the total entered value of
those same sales, in accordance with 19 CFR 351.212(b)(1). Where either
the respondent's weighted-average dumping margin or an importer-
specific rate is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Adisseo
Espa[ntilde]a for which the producer did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate, i.e., 37.53 percent determined in the
less-than-fair-value (LTFV) investigation,\16\ if there is no rate for
the intermediate company (or companies) involved in the
transaction.\17\
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\16\ See Order, 86 FR at 51120.
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 Adisseo
Espa[ntilde]a will be equal to the weighted-average dumping margin
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 listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
in the LTFV investigation but the producer is, 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
the all-others rate of 37.53 percent, established in the LTFV
investigation of this proceeding.\18\
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\18\ See Order, 86 FR at 51120.
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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 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 duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 351.221(b)(4).
[[Page 69618]]
Dated: September 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. 2023-22237 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-DS-P