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, 84788-84789 [2023-26746]

Download as PDF 84788 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there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant ‘‘gap’’ period of the order (i.e., the period following the expiry of provisional measures and before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. VerDate Sep<11>2014 20:52 Dec 05, 2023 Jkt 262001 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices FOR FURTHER INFORMATION CONTACT: Eliza Delong (the People’s Republic of China (China)), Thomas Martin (Indonesia), Christopher Williams (Mexico), and Megan Goins (the Republic of Turkey (Turkey)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3878, (202) 482–3936, (202) 482–5166, or (202) 482–0884, respectively. SUPPLEMENTARY INFORMATION: Background On October 24, 2023, the U.S. Department of Commerce (Commerce) initiated countervailing duty (CVD) investigations of imports of aluminum extrusions from China, Indonesia, Mexico, and Turkey.1 Currently, the preliminary determinations are due no later than December 28, 2023. lotter on DSK11XQN23PROD with NOTICES1 Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On November 29, 2023, the petitioners 2 submitted a timely request 1 See Aluminum Extrusions from the People’s Republic of China, Indonesia, Mexico, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 88 FR 74433 (October 31, 2023). 2 The petitioners are the U.S. Aluminum Extruders Coalition (the members of which are Alexandria Extrusion Company; APEL Extrusions; Bonnell Aluminum; Brazeway; Custom Aluminum Products; Extrudex Aluminum; International Extrusions; Jordan Aluminum Company; M–D Building Products, Inc.; Merit Aluminum Corporation; MI Metals; Pennex Aluminum; Tower VerDate Sep<11>2014 20:52 Dec 05, 2023 Jkt 262001 that Commerce postpone the preliminary determinations in these investigations.3 The petitioners state that it is necessary to extend the deadline for the preliminary determinations to collect the necessary information for determining the most accurate possible CVD subsidy rates, because the full questionnaire responses are not due until a few days before and after the current preliminary determinations deadline, which gives Commerce little or no time to review responses from respondents, issue supplemental questionnaires, or consider deficiency comments before reaching a preliminary determination.4 In accordance with 19 CFR 351.205(e), the petitioners have stated the reasons for requesting a postponement of the preliminary determinations, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to no later than 130 days after the date on which these investigations were initiated, i.e., March 4, 2024.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 30, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–26746 Filed 12–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD407] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Transco Lower New York Bay Lateral (LNYBL) Natural Gas Pipeline Maintenance in Sandy Hook Channel, NJ National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments on proposed authorization and possible renewal. AGENCY: NMFS has received a request from Transcontinental Gas Pipe Line Company LLC (Transco), a subsidiary of Williams Partners L.P., for authorization to take marine mammals incidental to pile driving associated with the LNYBL Natural Gas Pipeline Maintenance in Sandy Hook Channel, New Jersey (NJ). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 1 year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision. DATES: Comments and information must be received no later than January 5, 2024. SUMMARY: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be submitted via email to ITP.Fleming@ noaa.gov. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed above. ADDRESSES: Extrusions; and Western Extrusions) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. 3 See Petitioners’ Letter, ‘‘Request for Postponement of the Preliminary Determination,’’ dated November 29, 2023. 4 Id. 5 Because the extended deadline for these preliminary determinations falls on the weekend (i.e., March 2, 2024), the deadline becomes the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 84789 E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84788-84789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26746]


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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

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


DATES: Applicable December 6, 2023.

[[Page 84789]]


FOR FURTHER INFORMATION CONTACT: Eliza Delong (the People's Republic of 
China (China)), Thomas Martin (Indonesia), Christopher Williams 
(Mexico), and Megan Goins (the Republic of Turkey (Turkey)), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3878, (202) 482-3936, 
(202) 482-5166, or (202) 482-0884, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 24, 2023, the U.S. Department of Commerce (Commerce) 
initiated countervailing duty (CVD) investigations of imports of 
aluminum extrusions from China, Indonesia, Mexico, and Turkey.\1\ 
Currently, the preliminary determinations are due no later than 
December 28, 2023.
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the People's Republic of China, 
Indonesia, Mexico, and the Republic of Turkey: Initiation of 
Countervailing Duty Investigations, 88 FR 74433 (October 31, 2023).
---------------------------------------------------------------------------

Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a CVD 
investigation within 65 days after the date on which Commerce initiated 
the investigation. However, section 703(c)(1) of the Act permits 
Commerce to postpone the preliminary determination until no later than 
130 days after the date on which Commerce initiated the investigation 
if: (A) the petitioner makes a timely request for a postponement; or 
(B) Commerce concludes that the parties concerned are cooperating, that 
the investigation is extraordinarily complicated, and that additional 
time is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reasons for the request. Commerce will grant the 
request unless it finds compelling reasons to deny the request.
    On November 29, 2023, the petitioners \2\ submitted a timely 
request that Commerce postpone the preliminary determinations in these 
investigations.\3\ The petitioners state that it is necessary to extend 
the deadline for the preliminary determinations to collect the 
necessary information for determining the most accurate possible CVD 
subsidy rates, because the full questionnaire responses are not due 
until a few days before and after the current preliminary 
determinations deadline, which gives Commerce little or no time to 
review responses from respondents, issue supplemental questionnaires, 
or consider deficiency comments before reaching a preliminary 
determination.\4\
---------------------------------------------------------------------------

    \2\ The petitioners are the U.S. Aluminum Extruders Coalition 
(the members of which are Alexandria Extrusion Company; APEL 
Extrusions; Bonnell Aluminum; Brazeway; Custom Aluminum Products; 
Extrudex Aluminum; International Extrusions; Jordan Aluminum 
Company; M-D Building Products, Inc.; Merit Aluminum Corporation; MI 
Metals; Pennex Aluminum; Tower Extrusions; and Western Extrusions) 
and the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union.
    \3\ See Petitioners' Letter, ``Request for Postponement of the 
Preliminary Determination,'' dated November 29, 2023.
    \4\ Id.
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    In accordance with 19 CFR 351.205(e), the petitioners have stated 
the reasons for requesting a postponement of the preliminary 
determinations, and Commerce finds no compelling reason to deny the 
request. Therefore, in accordance with section 703(c)(1)(A) of the Act, 
Commerce is postponing the deadline for the preliminary determinations 
to no later than 130 days after the date on which these investigations 
were initiated, i.e., March 4, 2024.\5\ Pursuant to section 705(a)(1) 
of the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determinations of these investigations will continue to be 75 days 
after the date of the preliminary determinations.
---------------------------------------------------------------------------

    \5\ Because the extended deadline for these preliminary 
determinations falls on the weekend (i.e., March 2, 2024), the 
deadline becomes the next business day. See Notice of Clarification: 
Application of ``Next Business Day'' Rule for Administrative 
Determination Deadlines Pursuant to the Tariff Act of 1930, As 
Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

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

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26746 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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