Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE), 87406-87407 [2023-27723]
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87406
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: December 11, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix I
Scope of the Investigation
The product within the scope of this
investigation is high protein content (HPC)
pea protein, which is a protein derived from
peas (including, but not limited to, yellow
field peas and green field peas) and which
contains at least 65 percent protein on a dry
weight basis. HPC pea protein may also be
identified as, for example, pea protein
concentrate, pea protein isolate, hydrolyzed
pea protein, pea peptides, and fermented pea
protein. Pea protein, including HPC pea
protein, has the Chemical Abstracts Service
(CAS) registry number 222400–29–5.
The scope covers HPC pea protein in all
physical forms, including all liquid (e.g.,
solution) and solid (e.g., powder) forms,
regardless of packaging or the inclusion of
additives (e.g., flavoring, suspension agents,
preservatives).
The scope also includes HPC pea protein
described above that is blended, combined,
or mixed with non-subject pea protein or
with other ingredients (e.g., proteins derived
from other sources, fibers, carbohydrates,
sweeteners, and fats) to make products such
as protein powders, dry beverage blends, and
protein fortified beverages. For any such
blended, combined, or mixed products, only
the HPC pea protein component is covered
by the scope of this investigation. HPC pea
protein that has been blended, combined, or
mixed with other products is included
within the scope, regardless of whether the
blending, combining, or mixing occurs in
third countries.
HPC pea protein that is otherwise within
the scope is covered when commingled (i.e.,
blended, combined, or mixed) with HPC pea
protein from sources not subject to this
investigation. Only the subject component of
the commingled product is covered by the
scope.
A blend, combination, or mixture is
excluded from the scope if the total HPC pea
protein content of the blend, combination, or
mixture (regardless of the source or sources)
comprises less than five percent of the blend,
combination, or mixture on a dry weight
basis.
All products that meet the written physical
description are within the scope of the
investigation unless specifically excluded.
The following products, by way of example,
are outside and/or specifically excluded from
the scope of the investigation:
• burgers, snack bars, bakery products,
sugar and gum confectionary products, milk,
cheese, baby food, sauces and seasonings,
and pet food, even when such products are
made with HPC pea protein.
• HPC pea protein that has gone through
an extrusion process to alter the HPC pea
protein at the structural and functional level,
resulting in a product with a fibrous structure
which resembles muscle meat upon
hydration. These products are commonly
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described as textured pea protein or
texturized pea protein.
• HPC pea protein that has been further
processed to create a small crunchy nugget
commonly described as a pea protein crisp.
• protein derived from chickpeas.
The merchandise covered by the scope is
currently classified under Harmonized Tariff
Schedule of the United States (HTSUS)
categories 3504.00.1000, 3504.00.5000, and
2106.10.0000. Such merchandise may also
enter the U.S. market under HTSUS category
2308.00.9890. Although HTSUS categories
and the CAS registry number are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Critical Circumstances
VI. Analysis of China’s Financial System
VII. Diversification of China’s Economy
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. Recommendation
[FR Doc. 2023–27699 Filed 12–15–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of
Apparel Articles Assembled in Haiti
Under the Caribbean Basin Economic
Recovery Act (CBERA), as Amended
by the Haitian Hemispheric
Opportunity Through Partnership
Encouragement Act (HOPE)
International Trade
Administration, Department of
Commerce. ACTION: Notification of
annual quantitative limit on imports of
certain apparel from Haiti.
SUMMARY: CBERA, as amended,
provides duty-free treatment for certain
apparel articles imported directly from
Haiti. One of the preferences is known
as the ‘‘value-added’’ provision, which
requires that apparel meet a minimum
threshold percentage of value added in
Haiti, the United States, and/or certain
beneficiary countries. The provision is
subject to a quantitative limitation,
which is calculated as a percentage of
total apparel imports into the United
States for each 12-month period. For the
period from December 20, 2023 through
December 19, 2024, the quantity of
imports eligible for preferential
AGENCY:
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treatment under the value-added
provision is 313,655,640 square meters
equivalent.
DATES: The new limitations become
applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Kayla Johnson, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–2532.
SUPPLEMENTARY INFORMATION:
Authority: Section 213A of the
Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703a) (‘‘CBERA’’), as
amended; and as implemented by
Presidential Proc. No. 8114, 72 FR
13655 (March 22, 2007), and No. 8596,
75 FR 68153 (November 4, 2010).
Background: Section 213A(b)(1)(B) of
CBERA, as amended (19 U.S.C.
2703a(b)(1)(B)), outlines the
requirements for certain apparel articles
imported directly from Haiti to qualify
for duty-free treatment under a ‘‘valueadded’’ provision. In order to qualify for
duty-free treatment, apparel articles
must be wholly assembled, or knit-toshape, in Haiti from any combination of
fabrics, fabric components, components
knit-to-shape, and yarns, as long as the
sum of the cost or value of materials
produced in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, plus the direct
costs of processing operations
performed in Haiti or one or more
beneficiary countries, as described in
CBERA, as amended, or any
combination thereof, is not less than an
applicable percentage of the declared
customs value of such apparel articles.
Pursuant to CBERA, as amended, the
applicable percentage for the period
December 20, 2023 through December
19, 2024, is 60 percent.
For every twelve-month period
following the effective date of CBERA,
as amended, duty-free treatment under
the value-added provision is subject to
a quantitative limitation. CBERA, as
amended, provides that the quantitative
limitation will be recalculated for each
subsequent 12-month period. Section
213A(b)(1)(C) of CBERA, as amended
(19 U.S.C. 2703a(b)(1)(C)), requires that,
for the twelve-month period beginning
on December 20, 2023, the quantitative
limitation for qualifying apparel
imported from Haiti under the valueadded provision will be an amount
equivalent to 1.25 percent of the
aggregate square meter equivalent of all
apparel articles imported into the
United States in the most recent 12month period for which data are
available. The aggregate square meters
equivalent of all apparel articles
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices
imported into the United States is
derived from the set of Harmonized
System lines listed in the Annex to the
World Trade Organization Agreement
on Textiles and Clothing (‘‘ATC’’), and
the conversion factors for units of
measure into square meter equivalents
used by the United States in
implementing the ATC. For purposes of
this notice, the most recent 12-month
period for which data are available as of
December 20, 2023 is the 12-month
period ending on October 31, 2023.
Therefore, for the one-year period
beginning on December 20, 2023 and
extending through December 19, 2024,
the quantity of imports eligible for
preferential treatment under the valueadded provision is 313,655,640 square
meters equivalent. Apparel articles
entered in excess of these quantities will
be subject to otherwise applicable
tariffs.
Jennifer Knight,
Deputy Assistant Secretary for Textiles,
Consumer Goods, Materials Industries,
Critical Minerals and Metals.
[FR Doc. 2023–27723 Filed 12–15–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–916]
Brass Rod From India: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
brass rod from India. The period of
investigation is April 1, 2022, through
March 31, 2023.
DATES: Applicable December 18, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5075.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On September 29, 2023, Commerce
published the Preliminary
Determination in the Federal Register.1
1 See
Brass Rod from India: Preliminary
Affirmative Countervailing Duty Determination, 88
FR 67240 (September 29, 2023) (Preliminary
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For a complete description of the events
that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.2 The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is brass rod from India. For
a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.3
We did not receive timely comments
from any interested parties on the
Preliminary Scope Memorandum. Thus,
we did not make any changes to the
scope of the investigation from the
scope published in the Preliminary
Determination, as noted in Appendix I.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issue raised in the
case and rebuttal briefs by parties are
discussed in the Issues and Decision
Memorandum. For a list of the topics
discussed, and the issue raised by
parties to which we responded in the
Issues and Decision Memorandum, see
Appendix II.
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.4 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum
Changes Since the Preliminary
Determination
Based on our review and analysis of
the information received during
verification and comments received
from parties, for this final
determination, we made certain changes
to the countervailable subsidy rate
calculations for Rajhans Metals Private
Limited (RMPL) and for all other
producers/exporters. For a discussion of
these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of
the Act, Commerce will determine an
all-others rate equal to the weighted
average countervailable subsidy rates
established for those exporters and/or
producers individually investigated,
excluding any zero and de minimis
countervailable subsidy rates and any
rates based entirely under section 776 of
the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for RMPL, the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated rate is not zero,
de minimis, or based entirely under
section 776 of the Act, the estimated
weighted-average rate calculated for
RMPL is the rate assigned to all other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Final Determination
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce
Commerce determines that the
following estimated countervailable
subsidy rates exist for the period of
April 1, 2022, through March 31, 2023:
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Brass Rod from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated September 25, 2023
(Preliminary Scope Memorandum).
Rajhans Metals Private Limited 5 ..................................
All Others ..............................
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Company
Subsidy rate
(percent
ad valorem)
2.24
2.24
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
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]]>Agencies
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87406-87407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27723]
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DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of Apparel Articles Assembled in
Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as
Amended by the Haitian Hemispheric Opportunity Through Partnership
Encouragement Act (HOPE)
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notification of annual quantitative limit on imports of certain
apparel from Haiti.
SUMMARY: CBERA, as amended, provides duty-free treatment for certain
apparel articles imported directly from Haiti. One of the preferences
is known as the ``value-added'' provision, which requires that apparel
meet a minimum threshold percentage of value added in Haiti, the United
States, and/or certain beneficiary countries. The provision is subject
to a quantitative limitation, which is calculated as a percentage of
total apparel imports into the United States for each 12-month period.
For the period from December 20, 2023 through December 19, 2024, the
quantity of imports eligible for preferential treatment under the
value-added provision is 313,655,640 square meters equivalent.
DATES: The new limitations become applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT: Kayla Johnson, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-2532.
SUPPLEMENTARY INFORMATION:
Authority: Section 213A of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703a) (``CBERA''), as amended; and as implemented by
Presidential Proc. No. 8114, 72 FR 13655 (March 22, 2007), and No.
8596, 75 FR 68153 (November 4, 2010).
Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C.
2703a(b)(1)(B)), outlines the requirements for certain apparel articles
imported directly from Haiti to qualify for duty-free treatment under a
``value-added'' provision. In order to qualify for duty-free treatment,
apparel articles must be wholly assembled, or knit-to-shape, in Haiti
from any combination of fabrics, fabric components, components knit-to-
shape, and yarns, as long as the sum of the cost or value of materials
produced in Haiti or one or more beneficiary countries, as described in
CBERA, as amended, or any combination thereof, plus the direct costs of
processing operations performed in Haiti or one or more beneficiary
countries, as described in CBERA, as amended, or any combination
thereof, is not less than an applicable percentage of the declared
customs value of such apparel articles. Pursuant to CBERA, as amended,
the applicable percentage for the period December 20, 2023 through
December 19, 2024, is 60 percent.
For every twelve-month period following the effective date of
CBERA, as amended, duty-free treatment under the value-added provision
is subject to a quantitative limitation. CBERA, as amended, provides
that the quantitative limitation will be recalculated for each
subsequent 12-month period. Section 213A(b)(1)(C) of CBERA, as amended
(19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period
beginning on December 20, 2023, the quantitative limitation for
qualifying apparel imported from Haiti under the value-added provision
will be an amount equivalent to 1.25 percent of the aggregate square
meter equivalent of all apparel articles imported into the United
States in the most recent 12-month period for which data are available.
The aggregate square meters equivalent of all apparel articles
[[Page 87407]]
imported into the United States is derived from the set of Harmonized
System lines listed in the Annex to the World Trade Organization
Agreement on Textiles and Clothing (``ATC''), and the conversion
factors for units of measure into square meter equivalents used by the
United States in implementing the ATC. For purposes of this notice, the
most recent 12-month period for which data are available as of December
20, 2023 is the 12-month period ending on October 31, 2023.
Therefore, for the one-year period beginning on December 20, 2023
and extending through December 19, 2024, the quantity of imports
eligible for preferential treatment under the value-added provision is
313,655,640 square meters equivalent. Apparel articles entered in
excess of these quantities will be subject to otherwise applicable
tariffs.
Jennifer Knight,
Deputy Assistant Secretary for Textiles, Consumer Goods, Materials
Industries, Critical Minerals and Metals.
[FR Doc. 2023-27723 Filed 12-15-23; 8:45 am]
BILLING CODE 3510-DS-P
