Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84784-84788 [2023-26722]
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
respect to Huahui, we are not
conducting a verification.
Assessment Rates
If Commerce proceeds to a final
rescission of this administrative review,
the assessment rate to which Huahui’s
shipments are subject will not be
affected by this review. If Commerce
does not proceed to a final rescission of
this administrative review, pursuant to
19 CFR 351.212(b)(1), we will calculate
importer-specific (or customer-specific)
assessment reates based on the final
results of this review.
For the companies for which this
review is rescinded, antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(l)(i).
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Cash Deposit Requirements
AGENCY:
If Commerce proceeds to a final
recission of ths administrative review,
Huahui’s cash deposit rate will continue
to be the China-wide rate of $4.71 per
kilogram.14 If Commerce issues the final
results for this administrative review,
Commerce will instruct U.S. Customs
and Border Protection to collect cash
deposits, effective upon the publication
of the final results, at the rates
established therein.
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
review period. 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.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
14 See Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission of the
14th Antidumping Duty Administrative Review, 75
FR 34976 (June 21, 2010).
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I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In
Part
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2023–26719 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with October anniversary dates.
In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
October anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Respondent Selection
In the event that Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
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U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review (POR). We intend to
place the CBP data on the record within
five days of publication of the initiation
notice and to make our decision
regarding respondent selection within
35 days of publication of the initiation
Federal Register notice. Comments
regarding the CBP data and respondent
selection should be submitted within
seven days after the placement of the
CBP data on the record of this review.
Parties wishing to submit rebuttal
comments should submit those
comments within five days after the
deadline for the initial comments.
In the event that Commerce decides it
is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Tariff Act of
1930, as amended (the Act), the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating AD
rates) require a substantial amount of
detailed information and analysis,
which often require follow-up questions
and analysis. Accordingly, Commerce
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value (Q&V)
Questionnaire for purposes of
respondent selection, in general, each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where Commerce
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
Notice of No Sales
With respect to AD administrative
reviews, we intend to rescind the review
where there are no suspended entries
for a company or entity under review
and/or where there are no suspended
entries under the company-specific case
number for that company or entity.
Where there may be suspended entries,
if a producer or exporter named in this
notice of initiation had no exports,
sales, or entries during the POR, it may
notify Commerce of this fact within 30
days of publication of this notice in the
Federal Register for Commerce to
consider how to treat suspended entries
under that producer’s or exporter’s
company-specific case number.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
lotter on DSK11XQN23PROD with NOTICES1
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of a particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
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will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
responses to section D of the
questionnaire.
Separate Rates
In proceedings involving non-market
economy (NME) countries, Commerce
begins with a rebuttable presumption
that all companies within the country
are subject to government control and,
thus, should be assigned a single AD
deposit rate. It is Commerce’s policy to
assign all exporters of merchandise
subject to an administrative review in
an NME country this single rate unless
an exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, Commerce analyzes each entity
exporting the subject merchandise. In
accordance with the separate rates
criteria, Commerce assigns separate
rates to companies in NME cases only
if respondents can demonstrate the
absence of both de jure and de facto
government control over export
activities.
All firms listed below that wish to
qualify for separate rate status in the
administrative reviews involving NME
countries must complete, as
appropriate, either a Separate Rate
Application or Certification, as
described below. For these
administrative reviews, in order to
demonstrate separate rate eligibility,
Commerce requires entities for whom a
review was requested, that were
assigned a separate rate in the most
recent segment of this proceeding in
which they participated, to certify that
they continue to meet the criteria for
obtaining a separate rate. The Separate
Rate Certification form will be available
on Commerce’s website at https://
access.trade.gov/Resources/nme/nmesep-rate.html on the date of publication
of this Federal Register notice. In
responding to the certification, please
follow the ‘‘Instructions for Filing the
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84785
Certification’’ in the Separate Rate
Certification. Separate Rate
Certifications are due to Commerce no
later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate
Certification applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers who purchase
and export subject merchandise to the
United States.
Entities that currently do not have a
separate rate from a completed segment
of the proceeding 2 should timely file a
Separate Rate Application to
demonstrate eligibility for a separate
rate in this proceeding. In addition,
companies that received a separate rate
in a completed segment of the
proceeding that have subsequently
made changes, including, but not
limited to, changes to corporate
structure, acquisitions of new
companies or facilities, or changes to
their official company name,3 should
timely file a Separate Rate Application
to demonstrate eligibility for a separate
rate in this proceeding. The Separate
Rate Application will be available on
Commerce’s website at https://
access.trade.gov/Resources/nme/nmesep-rate.html on the date of publication
of this Federal Register notice. In
responding to the Separate Rate
Application, refer to the instructions
contained in the application. Separate
Rate Applications are due to Commerce
no later than 30 calendar days after
publication of this Federal Register
notice. The deadline and requirement
for submitting a Separate Rate
Application applies equally to NMEowned firms, wholly foreign-owned
firms, and foreign sellers that purchase
and export subject merchandise to the
United States.
Exporters and producers must file a
timely Separate Rate Application or
Certification if they want to be
considered for individual examination.
Furthermore, exporters and producers
who submit a Separate Rate Application
or Certification and subsequently are
selected as mandatory respondents will
no longer be eligible for separate rate
2 Such entities include entities that have not
participated in the proceeding, entities that were
preliminarily granted a separate rate in any
currently incomplete segment of the proceeding
(e.g., an ongoing administrative review, new
shipper review, etc.) and entities that lost their
separate rate in the most recently completed
segment of the proceeding in which they
participated.
3 Only changes to the official company name,
rather than trade names, need to be addressed via
a Separate Rate Application. Information regarding
new trade names may be submitted via a Separate
Rate Certification.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
status unless they respond to all parts of
the questionnaire as mandatory
respondents.
Initiation of Reviews
In accordance with 19 CFR
351.221(c)(1)(i), we are initiating
administrative reviews of the following
AD and CVD orders and findings. We
intend to issue the final results of these
reviews not later than October 31, 2024.
lotter on DSK11XQN23PROD with NOTICES1
Period to be
reviewed
AD Proceedings
INDIA: Stainless Steel Flanges, A–533–877 .................................................................................................................................
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited; Viraj Impoexpo, Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys, Ltd.; Viraj Forgings,
Ltd.; Viraj Impoexpo, Ltd.; and Viraj Profiles Limited 4
CD Industries; Kisaan Engineering Works Pvt. Ltd.
Chandan Steel Limited
Echjay Forgings Private Limited
Fivebros Forgings Private Limited
Goodluck India Limited; Goodluck Engineering Co.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd
Jay Jagdamba Limited
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Profile Private Limited
Kisaan Die Tech Private Limited
Pradeep Metals Limited
R.N. Gupta & Company Limited
Shree Jay Jagdamba Flanges Private Limited
JAPAN: Hot-Rolled Steel Flat Products, A–588–874 ....................................................................................................................
JFE Shoji Corporation
JFE Shoji Trade America
JFE Shoji Trade Corporation
JFE Steel Corporation
Nippon Steel & Sumikin Bussan Corporation
Nippon Steel & Sumikin Logistics Co., Ltd.
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel Corporation
Nippon Steel Trading Corporation (formerly Nippon Steel & Sumikin Bussan Corporation)
Tokyo Steel Manufacturing Co., Ltd.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ...............................................................................................
ArcelorMittal Mexico, S.A. de C.V.
Comercializadora Eloro S.A.
Deacero S.A. de C.V.; Deacero S.A.P.I. de C.V.
Deacero Summit S.A.P.I. de C.V.
Grupo Villacero S.A. de C.V.
Ingeteknos Estructurales S.A.
TA 2000 S.A. de C.V.
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V.
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A–580–883 .........................................................................................
Aekyung Chemical
AJU Besteel Co., Ltd.
Ameri Source Korea
Chemaven Co., Ltd.
Cj Cheiljedang Corp.
Cj Global Logistics Service Inc.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Geco Industries Co., Ltd.
Geumok Tech. Co., Ltd.
Goi Tech Industries Co., Ltd.
Golden State Corporation
Gs Global Corp.
Gs Holdings Corp.
Hanawell Co., Ltd.
Hanjin Gls Co., Ltd.
Hankook Co., Ltd.
HISTEEL
Hyosung Corporation
Hyosung Tnc Corporation
Hyundai Glovis Co., Ltd.
Hyundai Rb Co., Ltd.
Hyundai Steel Company
Il Jin Nts Co., Ltd.
Inchang Electronics Co., Ltd.
J&K Korea Co., Ltd.
Jeil Industries Co., Ltd.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
84787
Period to be
reviewed
Jeil Metal Co., Ltd.
Jin Young Metal
Jun Il Co., Ltd.
KG Dongbu Steel Co., Ltd.
KG Steel Corporation
Kumkang Kind Co., Ltd.
Lg Electronics Inc.
Maxflex Corp.
Mitsubishi Corp. Korea
Mitsui Chemicals & Skc Polyurethane
Nexteel Co., Ltd.
POSCO
POSCO International Corporation
Samsung Electronics Co., Ltd.
SeAH Steel Corporation
Sja Inc. (Korea)
Solvay Silica Korea
Soon Ho Co., Ltd.
Sumitomo Corp. Korea Ltd.
Sungjin Precision
Wintec Korea Inc.
Wonbangtech Co., Ltd.
TAIWAN: Corrosion-Resistant Steel Products, A–583–856 ..........................................................................................................
Yieh Phui Enterprise Co., Ltd.5
THAILAND: Passenger Vehicle and Light Truck Tires,6 A–549–842 ...........................................................................................
Bridgestone Company
Bridgestone Corporation
Bridgestone Tire Manufacturing
Thai Bridgestone Co.
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A–421–813 ............................................................................................
Tata Steel Ijmuiden BV
7/1/22–6/30/23
10/1/22–9/30/23
CVD Proceedings
INDIA: Stainless Steel Flanges, C–533–878 ................................................................................................................................
BFN Forgings Private Limited
Chandan Steel Limited
Fivebros Forgings Private Limited
Hilton Metal Forging Limited
Kisaan Die Tech Pvt Ltd.
Pradeep Metals Limited
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C–580–884 .........................................................................................
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company 7
JFE Shoji Trade Korea Ltd.
POSCO
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation
POSCO International Corporation
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
SPAIN: Ripe Olives,8 C–469–818 .................................................................................................................................................
1/1/22–12/31/22
Suspension Agreements
ARGENTINA: Lemon Juice, A–357–818 .......................................................................................................................................
10/1/22–9/30/23
Duty Absorption Reviews
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7/1/22–6/30/23
During any administrative review
covering all or part of a period falling
4 Commerce has previously found BFN Forgings
Private Limited to be part of the collapsed entity
noted above. See, e.g., Stainless Steel Flanges from
India: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative Critical
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Circumstance Determination, 83 FR 40745 (August
16, 2018).
5 In the Initiation Notice for orders with July
anniversary months (Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023) (July Order Initiation
Notice)), Commerce inadvertently initiated a review
of Yieh Phui Enterprise Co., Ltd., though this
company is excluded from the order. See CorrosionResistant Steel Products from Taiwan: Notice of
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1/1/22–12/31/22
1/1/22–12/31/22
Third Amended Final Determination of Sales at
Less Than Fair Value Pursuant to Court Decision
and Partial Exclusion from Antidumping Duty
Order, 88 FR 58245 (August 25, 2023). Thus, with
this initiation notice, we are correcting the July
Order Initiation Notice and are not conducting an
administrative review of Yieh Phui Enterprise Co.,
Ltd. for the July 1, 2022, through June 30, 2023
period of review.
E:\FR\FM\06DEN1.SGM
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices
between the first and second or third
and fourth anniversary of the
publication of an AD order under 19
CFR 351.211 or a determination under
19 CFR 351.218(f)(4) to continue an
order or suspended investigation (after
sunset review), Commerce, if requested
by a domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether ADs have been
absorbed by an exporter or producer
subject to the review if the subject
merchandise is sold in the United States
through an importer that is affiliated
with such exporter or producer. The
request must include the name(s) of the
exporter or producer for which the
inquiry is requested.
Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
‘‘gap’’ period of the order (i.e., the
period following the expiry of
provisional measures and before
definitive measures were put into
place), if such a gap period is applicable
to the POR.
Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
lotter on DSK11XQN23PROD with NOTICES1
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
6 The companies listed below were inadvertently
not included in the July Order Initiation Notice.
7 This company may also be referred to as
‘‘Hyundai Steel Co., Ltd.’’
8 In the initiation notice for orders with August
anniversary months (Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023), Commerce inadvertently
listed ‘‘Camacho S.L.’’ as being subject to the
calendar year 2022 CVD administrative review of
Ripe Olives from Spain.
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information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,9 available
at https://www.govinfo.gov/content/pkg/
FR-2013-07-17/pdf/2013-17045.pdf,
prior to submitting factual information
in this segment. Note that Commerce
has amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).10
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.11 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.12 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
9 See
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
10 Administrative Protective Order, Service, and
Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
11 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
12 See 19 CFR 351.302.
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Examples include, but are not limited
to: (1) case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: November 30, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–26722 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–159, C–560–841, C–201–861, C–489–
851]
Aluminum Extrusions From the
People’s Republic of China, Indonesia,
Mexico, and the Republic of Turkey:
Postponement of Preliminary
Determinations in the Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
E:\FR\FM\06DEN1.SGM
Applicable December 6, 2023.
06DEN1
]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84784-84788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26722]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and Countervailing Duty Administrative
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has received
requests to conduct administrative reviews of various antidumping duty
(AD) and countervailing duty (CVD) orders with October anniversary
dates. In accordance with Commerce's regulations, we are initiating
those administrative reviews.
DATES: Applicable December 6, 2023.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-4735.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely requests, in accordance with 19 CFR
351.213(b), for administrative reviews of various AD and CVD orders
with October anniversary dates.
All deadlines for the submission of various types of information,
certifications, or comments or actions by Commerce discussed below
refer to the number of calendar days from the applicable starting time.
Respondent Selection
In the event that Commerce limits the number of respondents for
individual examination for administrative reviews initiated pursuant to
requests made for the orders identified below, Commerce intends to
select respondents based on U.S. Customs and Border Protection (CBP)
data for U.S. imports during the period of review (POR). We intend to
place the CBP data on the record within five days of publication of the
initiation notice and to make our decision regarding respondent
selection within 35 days of publication of the initiation Federal
Register notice. Comments regarding the CBP data and respondent
selection should be submitted within seven days after the placement of
the CBP data on the record of this review. Parties wishing to submit
rebuttal comments should submit those comments within five days after
the deadline for the initial comments.
In the event that Commerce decides it is necessary to limit
individual examination of respondents and conduct respondent selection
under section 777A(c)(2) of the Tariff Act of 1930, as amended (the
Act), the following guidelines regarding collapsing of companies for
purposes of respondent selection will apply. In general, Commerce has
found that determinations concerning whether particular companies
should be ``collapsed'' (e.g., treated as a single entity for purposes
of calculating AD rates) require a substantial amount of detailed
information and analysis, which often require follow-up questions and
analysis. Accordingly, Commerce will not conduct collapsing analyses at
the respondent selection phase of this review and will not collapse
companies at the respondent selection phase unless there has been a
determination to collapse certain companies in a previous segment of
this AD proceeding (e.g., investigation, administrative review, new
shipper review, or changed circumstances review). For any company
subject to this review, if Commerce determined, or continued to treat,
that company as collapsed with others, Commerce will assume that such
companies continue to operate in the same manner and will collapse them
for respondent selection purposes. Otherwise, Commerce will not
collapse companies for purposes of respondent selection.
Parties are requested to (a) identify which companies subject to
review previously were collapsed, and (b) provide a citation to the
proceeding in which they were collapsed. Further, if companies are
requested to complete the Quantity and Value (Q&V) Questionnaire for
purposes of respondent selection, in general, each company must report
volume and value data separately for itself. Parties should not include
data for any other party, even if they believe they should be treated
as a single entity with that other
[[Page 84785]]
party. If a company was collapsed with another company or companies in
the most recently completed segment of this proceeding where Commerce
considered collapsing that entity, complete Q&V data for that collapsed
entity must be submitted.
Notice of No Sales
With respect to AD administrative reviews, we intend to rescind the
review where there are no suspended entries for a company or entity
under review and/or where there are no suspended entries under the
company-specific case number for that company or entity. Where there
may be suspended entries, if a producer or exporter named in this
notice of initiation had no exports, sales, or entries during the POR,
it may notify Commerce of this fact within 30 days of publication of
this notice in the Federal Register for Commerce to consider how to
treat suspended entries under that producer's or exporter's company-
specific case number.
Deadline for Withdrawal of Request for Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a party that has requested a
review may withdraw that request within 90 days of the date of
publication of the notice of initiation of the requested review. The
regulation provides that Commerce may extend this time if it is
reasonable to do so. Determinations by Commerce to extend the 90-day
deadline will be made on a case-by-case basis.
Deadline for Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of a particular market situation (PMS)
for purposes of constructed value under section 773(e) of the Act.\1\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
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\1\ See Trade Preferences Extension Act of 2015, Public Law 114-
27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of initial responses to
section D of the questionnaire.
Separate Rates
In proceedings involving non-market economy (NME) countries,
Commerce begins with a rebuttable presumption that all companies within
the country are subject to government control and, thus, should be
assigned a single AD deposit rate. It is Commerce's policy to assign
all exporters of merchandise subject to an administrative review in an
NME country this single rate unless an exporter can demonstrate that it
is sufficiently independent so as to be entitled to a separate rate.
To establish whether a firm is sufficiently independent from
government control of its export activities to be entitled to a
separate rate, Commerce analyzes each entity exporting the subject
merchandise. In accordance with the separate rates criteria, Commerce
assigns separate rates to companies in NME cases only if respondents
can demonstrate the absence of both de jure and de facto government
control over export activities.
All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a Separate Rate Application or
Certification, as described below. For these administrative reviews, in
order to demonstrate separate rate eligibility, Commerce requires
entities for whom a review was requested, that were assigned a separate
rate in the most recent segment of this proceeding in which they
participated, to certify that they continue to meet the criteria for
obtaining a separate rate. The Separate Rate Certification form will be
available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal
Register notice. In responding to the certification, please follow the
``Instructions for Filing the Certification'' in the Separate Rate
Certification. Separate Rate Certifications are due to Commerce no
later than 30 calendar days after publication of this Federal Register
notice. The deadline and requirement for submitting a Separate Rate
Certification applies equally to NME-owned firms, wholly foreign-owned
firms, and foreign sellers who purchase and export subject merchandise
to the United States.
Entities that currently do not have a separate rate from a
completed segment of the proceeding \2\ should timely file a Separate
Rate Application to demonstrate eligibility for a separate rate in this
proceeding. In addition, companies that received a separate rate in a
completed segment of the proceeding that have subsequently made
changes, including, but not limited to, changes to corporate structure,
acquisitions of new companies or facilities, or changes to their
official company name,\3\ should timely file a Separate Rate
Application to demonstrate eligibility for a separate rate in this
proceeding. The Separate Rate Application will be available on
Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html on the date of publication of this Federal Register notice.
In responding to the Separate Rate Application, refer to the
instructions contained in the application. Separate Rate Applications
are due to Commerce no later than 30 calendar days after publication of
this Federal Register notice. The deadline and requirement for
submitting a Separate Rate Application applies equally to NME-owned
firms, wholly foreign-owned firms, and foreign sellers that purchase
and export subject merchandise to the United States.
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\2\ Such entities include entities that have not participated in
the proceeding, entities that were preliminarily granted a separate
rate in any currently incomplete segment of the proceeding (e.g., an
ongoing administrative review, new shipper review, etc.) and
entities that lost their separate rate in the most recently
completed segment of the proceeding in which they participated.
\3\ Only changes to the official company name, rather than trade
names, need to be addressed via a Separate Rate Application.
Information regarding new trade names may be submitted via a
Separate Rate Certification.
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Exporters and producers must file a timely Separate Rate
Application or Certification if they want to be considered for
individual examination. Furthermore, exporters and producers who submit
a Separate Rate Application or Certification and subsequently are
selected as mandatory respondents will no longer be eligible for
separate rate
[[Page 84786]]
status unless they respond to all parts of the questionnaire as
mandatory respondents.
Initiation of Reviews
In accordance with 19 CFR 351.221(c)(1)(i), we are initiating
administrative reviews of the following AD and CVD orders and findings.
We intend to issue the final results of these reviews not later than
October 31, 2024.
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Period to be
reviewed
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AD Proceedings
INDIA: Stainless Steel Flanges, A-533-877............ 10/1/22-9/30/23
Balkrishna Steel Forge Pvt. Ltd.
BFN Forgings Private Limited; Viraj Impoexpo,
Ltd.; Fanschen werk Bebitz GmbH; Viraj Alloys,
Ltd.; Viraj Forgings, Ltd.; Viraj Impoexpo,
Ltd.; and Viraj Profiles Limited \4\
CD Industries; Kisaan Engineering Works Pvt. Ltd.
Chandan Steel Limited
Echjay Forgings Private Limited
Fivebros Forgings Private Limited
Goodluck India Limited; Goodluck Engineering Co.
Hilton Metal Forging Limited
Jai Auto Pvt. Ltd
Jay Jagdamba Limited
Jay Jagdamba Forgings Private Limited
Jay Jagdamba Profile Private Limited
Kisaan Die Tech Private Limited
Pradeep Metals Limited
R.N. Gupta & Company Limited
Shree Jay Jagdamba Flanges Private Limited
JAPAN: Hot-Rolled Steel Flat Products, A-588-874..... 10/1/22-9/30/23
JFE Shoji Corporation
JFE Shoji Trade America
JFE Shoji Trade Corporation
JFE Steel Corporation
Nippon Steel & Sumikin Bussan Corporation
Nippon Steel & Sumikin Logistics Co., Ltd.
Nippon Steel & Sumitomo Metal Corporation
Nippon Steel Corporation
Nippon Steel Trading Corporation (formerly Nippon
Steel & Sumikin Bussan Corporation)
Tokyo Steel Manufacturing Co., Ltd.
MEXICO: Carbon and Certain Alloy Steel Wire Rod, A- 10/1/22-9/30/23
201-830.............................................
ArcelorMittal Mexico, S.A. de C.V.
Comercializadora Eloro S.A.
Deacero S.A. de C.V.; Deacero S.A.P.I. de C.V.
Deacero Summit S.A.P.I. de C.V.
Grupo Villacero S.A. de C.V.
Ingeteknos Estructurales S.A.
TA 2000 S.A. de C.V.
Talleres y Aceros S.A. de C.V.
Ternium Mexico S.A. de C.V.
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A- 10/1/22-9/30/23
580-883.............................................
Aekyung Chemical
AJU Besteel Co., Ltd.
Ameri Source Korea
Chemaven Co., Ltd.
Cj Cheiljedang Corp.
Cj Global Logistics Service Inc.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Geco Industries Co., Ltd.
Geumok Tech. Co., Ltd.
Goi Tech Industries Co., Ltd.
Golden State Corporation
Gs Global Corp.
Gs Holdings Corp.
Hanawell Co., Ltd.
Hanjin Gls Co., Ltd.
Hankook Co., Ltd.
HISTEEL
Hyosung Corporation
Hyosung Tnc Corporation
Hyundai Glovis Co., Ltd.
Hyundai Rb Co., Ltd.
Hyundai Steel Company
Il Jin Nts Co., Ltd.
Inchang Electronics Co., Ltd.
J&K Korea Co., Ltd.
Jeil Industries Co., Ltd.
[[Page 84787]]
Jeil Metal Co., Ltd.
Jin Young Metal
Jun Il Co., Ltd.
KG Dongbu Steel Co., Ltd.
KG Steel Corporation
Kumkang Kind Co., Ltd.
Lg Electronics Inc.
Maxflex Corp.
Mitsubishi Corp. Korea
Mitsui Chemicals & Skc Polyurethane
Nexteel Co., Ltd.
POSCO
POSCO International Corporation
Samsung Electronics Co., Ltd.
SeAH Steel Corporation
Sja Inc. (Korea)
Solvay Silica Korea
Soon Ho Co., Ltd.
Sumitomo Corp. Korea Ltd.
Sungjin Precision
Wintec Korea Inc.
Wonbangtech Co., Ltd.
TAIWAN: Corrosion-Resistant Steel Products, A-583-856 7/1/22-6/30/23
Yieh Phui Enterprise Co., Ltd.\5\
THAILAND: Passenger Vehicle and Light Truck Tires,\6\ 7/1/22-6/30/23
A-549-842...........................................
Bridgestone Company
Bridgestone Corporation
Bridgestone Tire Manufacturing
Thai Bridgestone Co.
THE NETHERLANDS: Hot-Rolled Steel Flat Products, A- 10/1/22-9/30/23
421-813.............................................
Tata Steel Ijmuiden BV
CVD Proceedings
INDIA: Stainless Steel Flanges, C-533-878............ 1/1/22-12/31/22
BFN Forgings Private Limited
Chandan Steel Limited
Fivebros Forgings Private Limited
Hilton Metal Forging Limited
Kisaan Die Tech Pvt Ltd.
Pradeep Metals Limited
REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C- 1/1/22-12/31/22
580-884.............................................
DCE Inc.
Dong Chuel America Inc.
Dong Chuel Industrial Co., Ltd.
Dongbu Incheon Steel Co., Ltd.
Dongbu Steel Co., Ltd.
Dongkuk Industries Co., Ltd.
Dongkuk Steel Mill Co., Ltd.
Hyewon Sni Corporation (H.S.I.)
Hyundai Steel Company \7\
JFE Shoji Trade Korea Ltd.
POSCO
POSCO Coated & Color Steel Co., Ltd.
POSCO Daewoo Corporation
POSCO International Corporation
Soon Hong Trading Co., Ltd.
Sung-A Steel Co., Ltd.
SPAIN: Ripe Olives,\8\ C-469-818..................... 1/1/22-12/31/22
Suspension Agreements
ARGENTINA: Lemon Juice, A-357-818.................... 10/1/22-9/30/23
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Duty Absorption Reviews
During any administrative review covering all or part of a period
falling
[[Page 84788]]
between the first and second or third and fourth anniversary of the
publication of an AD order under 19 CFR 351.211 or a determination
under 19 CFR 351.218(f)(4) to continue an order or suspended
investigation (after sunset review), Commerce, if requested by a
domestic interested party within 30 days of the date of publication of
the notice of initiation of the review, will determine whether ADs have
been absorbed by an exporter or producer subject to the review if the
subject merchandise is sold in the United States through an importer
that is affiliated with such exporter or producer. The request must
include the name(s) of the exporter or producer for which the inquiry
is requested.
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\4\ Commerce has previously found BFN Forgings Private Limited
to be part of the collapsed entity noted above. See, e.g., Stainless
Steel Flanges from India: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Critical Circumstance
Determination, 83 FR 40745 (August 16, 2018).
\5\ In the Initiation Notice for orders with July anniversary
months (Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (July Order
Initiation Notice)), Commerce inadvertently initiated a review of
Yieh Phui Enterprise Co., Ltd., though this company is excluded from
the order. See Corrosion-Resistant Steel Products from Taiwan:
Notice of Third Amended Final Determination of Sales at Less Than
Fair Value Pursuant to Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245 (August 25, 2023). Thus, with
this initiation notice, we are correcting the July Order Initiation
Notice and are not conducting an administrative review of Yieh Phui
Enterprise Co., Ltd. for the July 1, 2022, through June 30, 2023
period of review.
\6\ The companies listed below were inadvertently not included
in the July Order Initiation Notice.
\7\ This company may also be referred to as ``Hyundai Steel Co.,
Ltd.''
\8\ In the initiation notice for orders with August anniversary
months (Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023), Commerce
inadvertently listed ``Camacho S.L.'' as being subject to the
calendar year 2022 CVD administrative review of Ripe Olives from
Spain.
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Gap Period Liquidation
For the first administrative review of any order, there will be no
assessment of antidumping or countervailing duties on entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption during the relevant ``gap'' period of the order (i.e., the
period following the expiry of provisional measures and before
definitive measures were put into place), if such a gap period is
applicable to the POR.
Administrative Protective Orders and Letters of Appearance
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with the procedures
outlined in Commerce's regulations at 19 CFR 351.305. Those procedures
apply to administrative reviews included in this notice of initiation.
Parties wishing to participate in any of these administrative reviews
should ensure that they meet the requirements of these procedures
(e.g., the filing of separate letters of appearance as discussed at 19
CFR 351.103(d)).
Factual Information Requirements
Commerce's regulations identify five categories of factual
information in 19 CFR 351.102(b)(21), which are summarized as follows:
(i) evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). These regulations require any party,
when submitting factual information, to specify under which subsection
of 19 CFR 351.102(b)(21) the information is being submitted and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. The regulations, at 19
CFR 351.301, also provide specific time limits for such factual
submissions based on the type of factual information being submitted.
Please review the Final Rule,\9\ available at https://www.govinfo.gov/content/pkg/FR-2013-07-17/pdf/2013-17045.pdf, prior to submitting
factual information in this segment. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\10\
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\9\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
\10\ Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information using
the formats provided at the end of the Final Rule.\11\ Commerce intends
to reject factual submissions in any proceeding segments if the
submitting party does not comply with applicable certification
requirements.
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\11\ See section 782(b) of the Act; see also Final Rule; and the
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Extension of Time Limits Regulation
Parties may request an extension of time limits before a time limit
established under Part 351 expires, or as otherwise specified by
Commerce.\12\ In general, an extension request will be considered
untimely if it is filed after the time limit established under Part 351
expires. For submissions which are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. on the due date. Examples include, but are
not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR
351.309; (2) factual information to value factors under 19 CFR
351.408(c), or to measure the adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal,
clarification and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate
country and surrogate values and rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under certain circumstances, Commerce
may elect to specify a different time limit by which extension requests
will be considered untimely for submissions which are due from multiple
parties simultaneously. In such a case, Commerce will inform parties in
the letter or memorandum setting forth the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. This policy also requires that an extension request
must be made in a separate, stand-alone submission, and clarifies the
circumstances under which Commerce will grant untimely-filed requests
for the extension of time limits. Please review the Final Rule,
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these segments.
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\12\ See 19 CFR 351.302.
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These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i).
Dated: November 30, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-26722 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
