Strontium Chromate From Austria: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 84777-84779 [2023-26720]
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
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Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–26732 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–433–813]
Strontium Chromate From Austria:
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 strontium chromate
from Austria was not sold by Habich
GmbH (Habich) in the United States at
less than normal value (NV) during the
period of review (POR) of November 1,
2021, through October 31, 2022.
Interested parties are invited to
comment on these preliminary results.
AGENCY:
DATES:
Applicable December 6, 2023.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or Brian Smith, 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) 482–3640 or (202) 482–1766,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 27, 2019, Commerce
published the antidumping duty order
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Jkt 262001
on strontium chromate from Austria.1
On January 3, 2023, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
published the initiation of an
administrative review of the Order,
covering one producer/exporter,
Habich.2
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on July 24, 2023, Commerce 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 November 30, 2023.3
For a detailed 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 attached as an
appendix to this notice. 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 directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
Order is strontium chromate, regardless
of form (including but not limited to,
powder (sometimes known as granular),
dispersions (sometimes known as
paste), or in any solution). The
merchandise subject to the Order is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheading
2841.50.9100. Subject merchandise may
also enter under HTSUS subheading
3212.90.0050. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.
1 See Strontium Chromate from Austria and
France: Antidumping Duty Orders, 84 FR 65349
(November 27, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated July 24, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Strontium Chromate from
Austria, 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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84777
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.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margin exists for the period November
1, 2021, through October 31, 2022:
Exporter/producer
Habich GmbH ........
Weightedaverage
dumping
margin
(percent)
0.00 (de minimis)
Verification
On April 13, 2023, WPC Technologies
(the petitioner) timely requested that
Commerce conduct verification of
Habich’s questionnaire responses.5
Moreover, no verification was
conducted during the two immediately
preceding reviews of Habich. Therefore,
Commerce intends to verify the
information that Commerce relies upon
for the final results of this review with
respect to Habich, 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
the 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 not later
than five days after the date for filing
case briefs.6 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.7
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
5 See Petitioner’s Letter, ‘‘Request to Verify
Habich’s Questionnaire Responses,’’ dated April 13,
2023.
6 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
7 See 19 351.309(c)(2) and (d)(2).
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84778
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
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interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
administrative review, we instead
request that interested parties provide at
the beginning of their briefs a public,
executive summary for each issue raised
in their briefs.8 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the executive summary of
each issue. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).9 Case and rebuttal
briefs should be filed using ACCESS.10
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. 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 briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. If a request for a hearing is
made, Commerce intends to hold a
hearing at a time and date to be
determined.11 Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
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.12
8 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
9 See APO and Service Final Rule.
10 See 19 CFR 351.303(f).
11 See 19 CFR 351.310(d).
12 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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20:52 Dec 05, 2023
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise covered by this review. If
Habich’s weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, and because Habich
reported entered values for all of its
sales, we intend to calculate importerspecific ad valorem assessment rates
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). We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). If
Habich’s overall weighted-average
dumping margin is zero or de minimis
or where an importer-specific ad
valorem assessment 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 Habich for which
it 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 established
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
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).
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 8101, 8103
(February 14, 2012).
14 See Order, 69 FR at 4111.
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 Habich 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 investigated companies not
participating 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 25.90 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 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 doubled
antidumping 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).
16 See
E:\FR\FM\06DEN1.SGM
Order, 69 FR at 4111.
06DEN1
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy 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. 2023–26720 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness Solicitation of
Nominations for Membership
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an opportunity to
apply for membership on the advisory
committee on supply chain
competitiveness.
AGENCY:
The Department of
Commerce, International Trade
Administration (ITA), seeks
nominations for immediate
consideration to fill positions on the
Advisory Committee on Supply Chain
Competitiveness (‘‘The Committee’’).
The Committee advises the Secretary on
the necessary elements of a
comprehensive policy approach to
supply chain competitiveness. The
Department intends for the Committee
to continue to play a key role in
formulating recommendations to
address current global supply chain
challenges, including identifying key
bottlenecks in supply chains and
actionable solutions to address them,
advising on the latest advances in
supply chain data and technology and
how to apply them to the current
challenges in the economy, providing
advice to the Department of Commerce
on its supply chain-focused work, and
developing long term recommendations
to make supply chains more resilient.
The Department seeks members who, by
virtue of their current roles and past
experience, bring a track record of
effective senior executive leadership on
issues impacting the U.S. and global
supply chains.
DATES: ITA will accept nominations
received by 5:00 p.m. on January 2,
2024, for membership on the Committee
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SUMMARY:
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20:52 Dec 05, 2023
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84779
II. Membership
respect to the diversity of the supply
chain sector, including with regard to
geographic location and company size.
The diverse membership of the
Committee ensures perspectives and
expertise reflecting the full breadth of
the Committee’s responsibilities and,
where possible, the Department of
Commerce will also consider the ethnic,
racial and gender diversity of the United
States.
Members of the Committee shall
represent companies, organizations, and
stakeholders involved in the U.S.
supply chain, with at least one
individual representing each of the
following: supply chain firms or their
associations; users of supply chains
(e.g., retailers, distributors,
manufacturers or other sectors); freight
transportation providers; ports; and
academia. Based on the balance of
viewpoints currently represented on the
Committee, we encourage
representatives of workers in the supply
chain, representatives from the
agriculture and cold chain sectors, as
well as the retail and e-commerce
sectors, and the other sectors referenced
above.
Other than the experts from academia,
all members shall serve in a
representative capacity, expressing the
views and interests of a U.S. company
or U.S. organization with which they are
affiliated (e.g., as an employee or
director), as well as its particular sector.
Members serving in such a
representative capacity are not Special
Government Employees. The members
from academia serve as experts and
therefore are Special Government
Employees (SGEs) and shall be subject
to the ethical standards applicable to
SGEs. Members who serve as SGEs must
certify that they are not Federallyregistered lobbyists.
Each member of the Committee must
be a U.S. citizen and not registered as
a foreign agent under the Foreign Agents
Registration Act. All appointments are
made without regard to political
affiliation. Self-nominations will be
accepted.
Members of the Committee will not be
compensated for their services or
reimbursed for their travel expenses.
The Committee shall meet
approximately quarterly, or as
determined by the DFO. Members shall
serve at the pleasure of the Secretary.
Members will be selected based on
their demonstrated professional or
personal qualifications and experience
relevant to the functions and tasks of the
Committee. Members shall be selected
in a manner that ensures that the
Committee remains balanced with
III. Request for Nominations
Requirements for all nominations. All
nominations for membership on the
Committee should provide the following
information:
(1) Name, title, and relevant contact
information (including phone and email
until the current two-year charter term
ends November 8, 2025.
ADDRESSES: Richard Boll, Office of
Supply Chain Services, Room 11004,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; email: richard.boll@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain
Services, Room 11004, U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; email:
richard.boll@trade.gov; phone: 202–
482–1135. Please visit the Advisory
Committee on Supply Chain
Competitiveness website at: https://
www.trade.gov/acscc.
SUPPLEMENTARY INFORMATION:
I. Background
The Committee advises the Secretary
on the necessary elements of a
comprehensive policy approach to
supply chain competitiveness designed
to support national economic
competitiveness and U.S. export growth,
encouraging innovation, facilitate the
movement of goods, and improve
competitiveness of U.S. supply chains
for goods and services in the domestic
and global economy; and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of supply chains. The Committee
provides detailed policy and technical
advice, information, and
recommendations to the Secretary
regarding:
(1) national, state, or local factors in
trade programs and policies that affect
the efficient domestic and international
operation and competitiveness of U.S.
global supply chains from point of
origin to destination;
(2) elements of national policies
affecting the movement of goods,
infrastructure, investment, and
regulatory factors that affect supply
chain competitiveness and
sustainability; and
(3) information and data systems to
generate metrics that can be used to
quantify and improve supply chain
performance.
The Department intends for the
Committee to focus on the current
challenges facing the supply chain
during this charter term.
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]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84777-84779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26720]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-813]
Strontium Chromate From Austria: 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 strontium chromate from Austria was not sold by Habich
GmbH (Habich) in the United States at less than normal value (NV)
during the period of review (POR) of November 1, 2021, through October
31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, 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) 482-3640 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 27, 2019, Commerce published the antidumping duty order
on strontium chromate from Austria.\1\ On January 3, 2023, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published the
initiation of an administrative review of the Order, covering one
producer/exporter, Habich.\2\
---------------------------------------------------------------------------
\1\ See Strontium Chromate from Austria and France: Antidumping
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on July 24, 2023, Commerce 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 November 30, 2023.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
July 24, 2024.
---------------------------------------------------------------------------
For a detailed 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
attached as an appendix to this notice. 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Strontium
Chromate from Austria, 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 strontium chromate,
regardless of form (including but not limited to, powder (sometimes
known as granular), dispersions (sometimes known as paste), or in any
solution). The merchandise subject to the Order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheading 2841.50.9100. Subject merchandise may also
enter under HTSUS subheading 3212.90.0050. While the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope is dispositive. 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.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period November 1, 2021, through October 31,
2022:
------------------------------------------------------------------------
Weighted- average dumping
Exporter/producer margin (percent)
------------------------------------------------------------------------
Habich GmbH............................... 0.00 (de minimis)
------------------------------------------------------------------------
Verification
On April 13, 2023, WPC Technologies (the petitioner) timely
requested that Commerce conduct verification of Habich's questionnaire
responses.\5\ Moreover, no verification was conducted during the two
immediately preceding reviews of Habich. Therefore, Commerce intends to
verify the information that Commerce relies upon for the final results
of this review with respect to Habich, as provided in section 782(i)(3)
of the Act.
---------------------------------------------------------------------------
\5\ See Petitioner's Letter, ``Request to Verify Habich's
Questionnaire Responses,'' dated April 13, 2023.
---------------------------------------------------------------------------
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 the 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 not later than five days after the date for filing case
briefs.\6\ Interested parties who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\7\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
[[Page 84778]]
interested parties to provide an executive summary of their brief that
should be limited to five pages total, including footnotes. In this
administrative review, we instead request that interested parties
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\8\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\9\ Case and rebuttal briefs should be filed using
ACCESS.\10\
---------------------------------------------------------------------------
\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Final Rule.
\10\ 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. 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
briefs. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice. If a request for a hearing is made,
Commerce intends to hold a hearing at a time and date to be
determined.\11\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.\12\
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\12\ 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 intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review. If
Habich's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, and
because Habich reported entered values for all of its sales, we intend
to calculate importer-specific ad valorem assessment rates 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). 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). If
Habich's overall weighted-average dumping margin is zero or de minimis
or where an importer-specific ad valorem assessment 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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\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
8101, 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 Habich
for which it 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 established 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, 69 FR at 4111.
\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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication 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 Habich 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 investigated companies not participating 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
25.90 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, 69 FR at 4111.
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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 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 doubled
antidumping 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).
[[Page 84779]]
Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy 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. 2023-26720 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
